Hope That CBI “Once Bitten Twice Shy” Will Attentively Reinspect Colleges: Madhya Pradesh HC Directs Reinspection Of 169 Nursing Institutes
The Madhya Pradesh High Court directed the Central Bureau of Investigation (CBI) to reinspect 169 nursing colleges.
Law Students’ Association filed a writ petition before the Jabalpur Bench regarding bribe taken by some CBI officers from the colleges.
A Division Bench comprising Justice Sanjay Dwivedi and Justice Achal Kumar Paliwal said, “After mulling over the unfortunate phenomena of greasing the palms of some of the CBI officials by some of the Colleges, essentially the earlier report of CBI has come under the clouds of suspicion and such report, in the existing situation, cannot be green-signaled. Ergo, we direct for inspection of those 169 colleges denovo by the CBI. Albeit, this court hopes that the CBI "once bitten twice shy" will attentively reinspect the colleges, but still we deem it apposite to induct one judicial officer in the team of CBI.”
Senior Advocate Naman Nagrath represented the petitioners while Advocate General Prashant Singh and Additional Advocate General Bharat Singh represented the respondents. Senior Advocate Hemant Shrivastava represented the interveners.
In this case, the petitioner Association sought appropriate direction so as to make fresh enquiry by the CBI in respect of the colleges, 169 in number, which were granted clean-chit by CBI as suited colleges, inasmuch as in view of the subsequent scenario in which some of the CBI officials were trapped by CBI itself who were found involved in taking bribe by some of those colleges for giving favourable report. As per the petitioner, the report of CBI cannot be relied upon and therefore appropriate direction be given to the CBI for conducting fresh inspection in respect of those colleges and further seeking direction that the inspection of CBI be monitored by the court.
The senior counsel for the Association submitted that as per the direction issued by the court, it creates confusion in the minds of team members conducting the enquiry and inspection of the colleges in respect of the recognition granted by the Indian Nursing Council. As per the order, the recognition granted upto 2017 by the Nursing Council and their conduct was to be enquired about. But, the counsel for the M.P. Nursing Council submitted that the Council has been constituted only in the year 2018 for the purpose of recognition, meaning thereby, recognition was granted to the colleges only after 2018 by the M.P. Nursing Council.
The High Court after hearing the contentions of the counsel observed, “As regards I.A.Nos.5555/2024, 3512/2024 and 7221/2024 filed in W.P.No.1080/2022 - the applicants by these applications are seeking direction for M.P. Nursing Council to start giving enrollment to the students of deficient colleges also because now according to the applicants, enrollment is being done only in respect of the students of suited colleges. Albeit, this court has already directed that the students of all the colleges should be allowed to participate in the examination. In such circumstance, it is proper that even the students of deficient colleges be enrolled for the Session 2020-21. Of a note, as per learned counsel for the M.P. Nursing Council, no enrollment of the students for the Session 2021-22 has been commenced for unsuited colleges.”
The Court, therefore, directed that the team of CBI will be accompanied by the Registrar of District Court of respective district where the inspection is to be conducted, for which, the Principal District Judge of that particular district where the colleges situate, shall accord permission for making the Registrar of District Court to be a part of the team of CBI.
“Over and above, during the course of inspection, videography will also be done so that if needed this court can ascertain the veracity of report. Let the inspection be triggered immediately by the CBI and it be concluded within a period of three months. … Quite apart, with regard to the deficient colleges which claim to have removed the deficiencies that were pointed out by the CBI in its earlier report, such colleges need to satisfy the three-member committee constituted earlier by placing sufficient material about overcoming of deficiencies”, it further ordered.
The Court noted that nursing education is not possible without practical education and learning as it involves a wide range of hands on skills such as administration of medicines, injections and IV lines, pre and post-surgery management, assisting doctors, operating medical equipment, clinical judgment, empathy, and interpersonal communication skills for compassionate care, dealing with emergencies, etc.
“Therefore, we direct the Committee appointed by us under the Chairmanship of Retired Justice Shri R.K. Shrivastava to examine the entire spectrum of practical training of Nursing students from linkages for practical training with hospitals till assessment of learning. We also direct the committee to visit the nursing colleges and hospitals to assess the ground reality and submit its findings”, it also directed.
Accordingly, the High Court listed the case on July 15, 2024.
Cause Title- Law Students’ Association v. The State of Madhya Pradesh and Others
Appearance:
Petitioners: Senior Advocate Naman Nagrath, Alok Vagrecha, Vishal Baghel, Nikhil Bhatt, Jubin Prasad, and Neerja Agrawal.
Respondents: AG Prashant Singh, AAG Bharat Singh, Advocates Abhijeet Awasthi, Mohan Sausarkar, and Sudhir Kumar Sharma.
Interveners: Senior Advocate Hemant Shrivastava, Advocates D.K. Billaiya, Prakash Upadhyay, Sankalp Kochar, Rahul Deshmukh, Anoop Saxena, Amalpush Shroti, and Rakshit Gupta.
