'Suffers From Delay': Madhya Pradesh HC Rejects Plea Of Students From Unrecognized Nursing Colleges To Appear In Exam Of 2022-23 Session

The division bench of Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal in its order observed, “In the existing circumstances, each and every day for challenging the action of the authority so as to consider the interest of colleges and also of the students, carries importance because the process of recognition, enrollment of students and conducting examination, is to be completed within the scheduled time. The recognition of colleges, in which, intervenors have been admitted, has been rejected somewhere in the month of January, 2023, but the colleges have not challenged the said order of authority rejecting the recognition and now at the verge of completing the exercise of enrollment of students, when examination is already scheduled, the grievance raised by the intervenors, apparently suffers from delay and laches. As submitted by learned counsel for the respondents, not only the colleges of intervenors but there are other colleges which have admitted the students illegally despite the fact that no recognition was granted to them".

"As per the procedure prescribed, the admissions are allowed only after granting recognition but any admission without recognition cannot be considered to be genuine and it is otherwise illegal. We have not provided any protection to the students who were admitted illegally in the colleges having no recognition. Thus, at this stage, we are not inclined to entertain the request of the intervenors because if it is done, then other students may also come forward, which would amount to opening a flood gate and it is not possible looking to the schedule or proceedings which are to be carried-out step-by-step and granting recognition to the students may also create possibility for extending the examination further, which we do not think proper. The application for intervention and the relief claimed therein, in our opinion, suffers from delay and laches,” the bench added.

In its order dated March 26, the Court had directed the Respondents-State/MPNRC to permit the students for their enrolment for the session 2022-23 and to allow them to participate in the examination for the session 2022-23 which was scheduled in the month of April.

During the hearing on April 8, the counsel for the interveners–who are stated to be studying in two nursing colleges–contended that though recognition for Session 2022-23 had been rejected by the authority but the students of other colleges which have been declared to be unsuited were accommodated and allowed to participate in the examination for session 2022-23, therefore, the interveners cannot be denied the protection and relief which has been granted to the other similarly situated students.

It was further submitted that when other similarly situated students have been protected by Court and allowed to participate in the examination for Session 2022-23 scheduled from 15.04.2025 then the interveners should also be granted the same benefit.

On the contrary, Deputy Advocate General appearing for the State submitted that the interveners are the students of colleges which have not been granted any recognition and their recognition has been rejected, therefore, they cannot claim any parity with the students of other colleges which have been declared unsuited after getting the colleges inspected. It was further submitted that the colleges in which the interveners took admission were never inspected and their recognition has been rejected, therefore, they cannot be allowed to participate. The counsel further contended that if permission is granted to the interveners, it would amount to opening a flood gate and number of students illegally admitted by the colleges may also come forward and claim the same relief.

Deputy Advocate General further submitted that as per Court's order dated March 28 wherein the respondents were directed to enrol the students of colleges which had been inspected by the CBI and during the course of inspection, a list of admitted students was submitted and it was directed that only those students should be enrolled. Since the examination was scheduled to be held from April 15, the Counsel sought for more time to complete the said exercise stating that it would be impossible to do it within such a short period.

Granting the State further time to complete the exercise the court said, “The respondents are granted further 15 days' time to complete the exercise and conduct the examination. It is made clear, in any case, the date of examination shall not be extended from 05.05.2025". 

However, the Court rejected the application filed by the interveners stating that grievance raised by the interveners suffers from delays and latches since the colleges did not challenge the order of rejection of rejection and now exercise of enrolment of students is on the verge of completion.

The matter is listed for further hearing on April 25.

Case Title: Law Students Association Vs The State Of Madhya Pradesh And Others, Wp No. 1080 Of 2022