IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.8593 of 2008 (O&M)
Date of decision: 16th September, 2009
Kamal Kapoor
... Petitioner
Versus
State of Punjab and others
... Respondents
Civil Writ Petition No.9823 of 2008
Neetu
... Petitioner
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE T.S. THAKUR
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Sandeep Khunger, Advocate and
Mr. H.S. Deol, Advocate for the petitioners.
Mr. Rupinder Khosla, Additional Advocate General, Punjab
for the State.
Mr. K.S. Dadwal, Advocate for respondent No.2.
Mr. Munish Jolly, Advocate for respondent No.3.
Mr. Saurabh Garg, Advocate for Satguru Educational Welfare
Society, Ludhiana
Notes: 1. Whether Reporters of local newspapers may be allowed to
see the judgment?
2. To be referred to the Reporters or not?
Civil Writ Petitions No. 8593 & 9823 of 2008 2
3. Whether the judgment should be reported in the Digest?
KANWALJIT SINGH AHLUWALIA, J.
Civil Misc. No. 13331 of 2009 in
Civil Writ Petition 8593 of 2008
The application is allowed, subject to just exceptions and
documents (Annexures A-1 to A-5) taken on record.
Civil Misc. No. 13332 of 2009 in
Civil Writ Petition 8593 of 2008
For the reasons stated in the application, the same is allowed
and Satguru Educational Welfare Society, VPO Khasi Kalan, Tajpur Road,
Ludhiana impleaded as respondent No.4.
Civil Writ Petition 8593 of 2008
Rapid expansion of institutions imparting education and
private participation in education sector has made academicians worry
about academic excellence. “BEYOND DEGREES” a journal brought by
India International Centre has noticed various issues which ail our
education system. The concerns noticed by various specialists of the field
can be noticed as under:
“The challenge of improving the standards of our
universities, and coping with the inevitable expansion in higher
education for which there is a tremendous thirst throughout
the country, raises a number of interlocking questions. These
include matters relating to public and private finances, training
and motivation of teachers, regular upgradation of teaching
skills, strengthening research both in the natural and social
sciences, affiliation and equivalence, and balancing equity
with excellence. As we rush headlong into the future, these
Civil Writ Petitions No. 8593 & 9823 of 2008 3issues become increasingly urgent, and will need to be tackled
effectively within the next five years if our university system is
to cope with India’s growing stature in the global community.”It is well acknowledged that there has been a decline in
standards of medical education, even though there is a spurt and
mushrooming of colleges conferring degrees to medical professionals.
A noted academician, Mr. B.K. Joshi in his article “Equity vs.
Quality” had to say as under:
“The problems confronting higher education in India are
generally classified into three categories: access, equity and
quality. It would not be incorrect to claim that so far the
emphasis has overwhelmingly been on access with equity
becoming a second important concern during the last two
decades. Quality as a characteristic feature of higher
education, except in a few selected institutions, is usually
relegated to the margins of the discourse. Thus, it is hardly
surprising that the achievements of higher education are
recounted in quantitative terms like increase in the number of
colleges, universities, engineering and medical colleges and
enrolment of increased access.”The present two writ petitions preferred in public interest
voice their concern regarding the falling standards of education imparted
in nursing colleges to the students and bring to forefront failure of
regulatory authority to insist for quality dispensation of education, need of
qualified teaching faculty and infrastructure. In these writ petitions, private
institutions have been named, which lack necessary infrastructure, yet
have been granted recognition and affiliation by the concerned bodies,
condoning breach and violations of mandatory guidelines.
Civil Writ Petition No. 8593 of 2008 has been preferred by
Kamal Kapoor, who claims himself to be a public spirited citizen. In the
Civil Writ Petitions No. 8593 & 9823 of 2008 4writ petition preferred, he has prayed for issuance of writ of mandamus
directing the respondents, Secretary, Department of Medical Education
and Research, Chandigarh; Punjab Nursing Registration Council and
Indian Nursing Council to strictly implement the guidelines and provisions
of the Punjab Nursing Registration Act, 1932 (hereinafter referred to as,
‘the 1932 Act’) and Indian Nursing Council Act, 1947 (hereinafter referred
to as, ‘the 1947 Act’), in letter and spirit pertaining to establishment of
nursing colleges, as it is alleged that most of the nursing institutions are
being run in rented accommodations of 2/3 rooms and are not having
proper hostel facilities and are granting degrees of qualification of nursing
without equipping nursing graduates with necessary skills, knowledge and
education.
In the writ, petitioner has culled out provisions of the Punjab
Nursing Registration Act, 1932 to say that this Act was enacted with an
object that proper registration and control of nurses, health visitors,
midwives and dais in Punjab is evolved to protect the clientele of these
professionals so that incentive is provided for their taking necessary
training and as a result thereof professional standards are improved. The
1932 Act essentially was enacted for maintenance of register of rolls of
those who have obtained recognized diploma/ degree or experience in the
stream of nursing, which include nurses, health visitors, midwives, nurses-
dais, auxiliary nurses and midwives or trained dais. Section 18 of the 1932
Act also vest power with Punjab Nursing Registration Council to make
bye-laws to grant/ issue diploma/ license/ certificate, to say that the holder,
grantee or recipient thereof is qualified to practice or otherwise work as
nurse, midwife, auxiliary nurse, health visitor or trained dai.
Indian Nursing Council Act 1947 was enacted to establish an
Indian Nursing Council with an object to establish a uniform standard of
Civil Writ Petitions No. 8593 & 9823 of 2008 5training for nurses, midwives and health visitors. Indian Nursing Council
has issued various guidelines. The petitioner has relied upon Annexure P-
8, guidelines issued for physical facilities for school/ college of nursing.
These guidelines state that the college/ school of nursing should have a
separate building and it should be near to its parent hospital, having space
for expansion in an institutional area. These guidelines command that a
college with on annual admission capacity of 60 students should have
constructed area of 23720 square feet. Besides this, adequate hostel/
accommodation for students/ staff should be available in the above
mentioned built-up area of the nursing college/ school respectively. A table
prescribing necessary infrastructure for facility of reference can be
reproduced as under:
Teaching Block
S. No. Teaching Block Area
(Figures in Sq. feet)1. Lecture Hall 4 @ 1080 = 4320
2. i) Nursing Foundation Lab 1500
ii) CHN 900
iii) Nurition 900iv) Obg & paediatricsl lab 900
3. Pre-clinical science lab 9004. Computer Lab 1500
5. Multipurpose Hall 3000
6. Common Room (Male & Female) 2000
7. Staff Room 1000
8. Principal Room 300
9. Vice Principal Room 20010. Library 2400
11. A.V. Aids Room 60012. One room for each Head of 800
Departments13. Faculty Room 2400
14. Provisions for Toilets 1000
Total 23720 Sqr. ft.Hostel Block S. No. Hostel Block Area (Figures in Sq. feet) 1. Single Room/ Double Room 24000 Civil Writ Petitions No. 8593 & 9823 of 2008 6 2. Sanitary One latrine & one Bath room (for students) - 500 3. Visitor Room 500 4. Reading Room 250 5. Store 500 6. Recreation Room 500 7. Dining Hall 3000 8. Kitchen & Store 1500 Total 30750 Sqr. ft. Grand total: 23720 + 30750 = 54470 Sqr. ft.The State of Punjab, in the guidelines issued for nursing
colleges, has prescribed that a school/ college of nursing should have
minimum land of 2 acres, before essentiality certificate is granted. The
guidelines have also laid standards for teaching staff. The petitioner has
relied upon various newspaper reports (Annexure P-3 – published in The
Sunday Tribune dated January 11, 2004 and Annexure P-6 – published in
The Indian Express dated 12th January, 2005) to urge that number of
colleges are lacking in infrastructure and are not having necessary
teaching faculty. In the present writ petition, petitioner has enumerated
that in particular, following three institutions do not possess infrastructure:
(i) Bhai Mati Dass School of Nursing, Goraya, District Jalandhar.
(ii) Satguru Institute of Nursing Education, village Khasi Kalan,
Tajpur Road, Ludhiana.
(iii) Mata Saraswati Institute of Nursing Education, c/o Sheela
Hospital, Tagore Nagar, Ludhiana.
It is stated that Bhai Mati Dass School of Nursing is having
only 14 kanals of land and it has been granted approval to grant
admission even though the institution was having many deficiencies. It has
been averred that the teams which had to carry inspection, had colluded
with the authorities of the school and approval has been granted in
Civil Writ Petitions No. 8593 & 9823 of 2008 7violation of the norms prescribed. The writ petition further pleads that
Satguru Institute of Nursing Education is running in 220 square yards
rented accommodation and is also not fulfilling requirement of 1:10
teacher – student ratio and the school has also not deposited the requisite
fee with the Punjab Nursing Registration Council or the Director Research
and Medical Education and thus, clinical training, a must for trainee
nurses, is being denied. Similarly, Mata Saraswati Institute of Nursing
Education is not having proper building and infrastructure. The school is
being run from the premises of Sheela Hospital. The school is not having
laboratory, auditorium and library and has also failed to make provision for
providing clinical training to the trainee nurses, as the requisite fee was
not deposited. The school is also not having faculty, essential for providing
education. The petitioner further submits that Bhai Mati Dass School of
Nursing had preferred Civil Writ Petition No. 19155 of 2005 with a prayer
that they be permitted to continue with the academic session 2005-06. It is
stated that in that writ petition, Bhai Mati Dass School of Nursing had
submitted an affidavit that they shall not make any admission for session
2006-07 till new building, where the institute is proposed to be shifted, is
complete and fit for occupation. According to the petitioner, writ petition
No. 19155 of 2005 was disposed of on 15th February, 2006 by passing the
following order:
“… … … we dispose of the writ petition with the
direction that the students admitted by the petitioner Institute
for the academic Session 2005-06 (First and second year)
shall be permitted to continue with their studies and take the
examination accordingly, subject to, of course, fulfilling the
requisite conditions for the said purpose, subject to the
following further conditions:1. The petitioner shall file an undertaking in
this Court in the form of an affidavit stating
Civil Writ Petitions No. 8593 & 9823 of 2008 8that it shall not initiate any process for
admission of students for the academic
session 2006-07 till a new building where
the Institute is proposed to be shifted, is
complete and fit for occupation;2. The Institute shall comply with all the
directions which may be issued by the
Nursing Council from time to time in regard
to the teaching faculty, clinical training to
the students and facilities to the teachers
and the students.3. The Nursing Council shall conduct
periodical inspections of the Institute to
ensure that except for running the Institute
in a rental building, all the statutory by-laws
and guidelines are scrupulously adhered to
by the Institute. If any deficiency in the
running of the Institute is noticed during the
course of inspection, it will be open to the
Nursing Council to apply for modification or
vacation of this order.”In response to the writ petition, Punjab Nursing Registration
Council filed reply and submitted that they have implemented the
notification (Annexure P-8) and no nursing training institute is given the
approval, if they were not having own building and infrastructure. It is
further stated that Indian Nursing Council had granted permission to the
colleges to make admission for academic year 2008-09. It is stated that
the institute, which does not have its own building, should have its building
before 31st March, 2009, otherwise, Indian Nursing Council will withdraw
its affiliation. In the counter affidavit, it has been averred that Punjab
Nursing Registration Council carried the inspection and found that Bhai
Mati Dass School of Nursing is having its own building, which is complete
Civil Writ Petitions No. 8593 & 9823 of 2008 9in all respects and Bhai Mati Dass School of Nursing fulfills all the
guidelines and there was no deficiency found. Similarly, Satguru Institute
of Nursing Education and Mata Saraswati Institute of Nursing Education
are having requisite infrastructure in consonance with the guidelines.
Punjab Nursing Registration Council had denied the specific allegations
that the three institutions mentioned above lack infrastructure and
requisite teaching staff and has stated as under:
“16-19. … … … It may also be mentioned here that
whatsoever deficiencies have been shown in these
paragraphs are incorrect because as on today, there exists no
deficiency because the answering respondent has inspected
all the three Institutions and found the infrastructure in order
as per the guidelines and whatsoever deficiencies have been
shown in these paras are factually incorrect.”The State of Punjab, in the counter affidavit filed, states that
they have only issued No Objection Certificates to the institutions,
however, it is the duty of the Punjab Nursing Registration Council and
Indian Nursing Council to inspect the institutions and insist that they have
necessary infrastructure and teaching staff. The State of Punjab, along
with the affidavit, has given a list of GNM Nursing Schools, which have
been issued No Objection Certificates by the State Government.
According to the list, 146 institutions have been granted No Objection
Certificates to run nursing schools.
Satguru Institute of Nursing Education has leveled allegations
against the petitioner that for ulterior purposes, the petitioner is in habit of
arm-twisting the nursing colleges and demanding huge amount. These
allegations have been denied by the petitioner stating that Satguru
Institute of Nursing Education has obtained approval from Punjab Nursing
Civil Writ Petitions No. 8593 & 9823 of 2008 10Registration Council by submitting forged and fabricated document of
ownership and an FIR has also been registered against them. It further
asserted that Bhai Mati Dass School of Nursing is being run from a rented
accommodation and this institution has not shifted to its own building. It
has also brought to notice various discrepancies in the list submitted to the
Punjab Nursing Registration Council and Indian Nursing Council regarding
the deficiencies pointed out by them for the approved institutions.
Civil Writ Petition No. 9823 of 2008
This writ petition has been filed by Neetu praying that
respondent No.1 and 2, i.e. the Secretary to Govt. of Punjab, Department
of Medical Education and Research, and Punjab Nursing Registration
Council be directed to implement notification dated 8th June, 2007
(Annexure P-8) issued by Indian Nursing Council, so that the nursing
institutes, which have permission, adhere to the required standards. A
further direction has been sought that privately run nursing institutes,
which have mushroomed in the State of Punjab by restrained not to spoil
the career of nursing trainees, as the institutions lack necessary peripheral
infrastructure and mandatory paraphernalia.
The details of averments made in this writ petition are not
required to be given, as the pleadings made in this writ petition, in
essence, are not different from the averments made in the Civil Writ
Petition No. 8593 of 2008, which have been noticed above. This writ
petition also points out that the three institutions, namely Bhai Mati Dass
School of Nursing; Satguru Institute of Nursing Education and Mata
Saraswati Institute of Nursing Education are not equipped with necessary
infrastructure and have flouted the mandatory guidelines. The written
statement filed by Punjab Nursing Registration Council is almost
Civil Writ Petitions No. 8593 & 9823 of 2008 11reproduction of the written statement filed to the earlier writ petition.
However, in response to this writ petition, Indian Nursing Council has filed
an additional affidavit of Ms. K.S. Bharti, Assistant Secretary, Indian
Nursing Council, Combined Councils Building, Kotla Road, Temple Lane,
New Delhi. Along with the additional affidavit, Indian Nursing Council has
given a list of 99 nursing institutions. According to the list, two institutions,
i.e. Bhai Mati Dass School of Nursing and Mata Saraswati Institute of
Nursing Education do not possess requisite buildings.
On July 6, 2009, this Court had passed the following order in
Civil Writ Petition No.8593 of 2008:
“The Indian Nursing Council has today filed an
additional affidavit, from a reading thereof, it appears that out
of the total of 99 Nursing Institutions in the State of Punjab,
only 7 Institutions do not possess requisite infrastructure, as
stipulated by the norms on the subject. So far as the
remaining Institutions are concerned, according to the
affidavit, they possess the requisite infrastructure and have
been granted approval by the Indian Nursing Council upon an
inspection which demonstrated existence of such
infrastructure.Learned counsel for the petitioner, however, disputes
the position, as stated in the affidavit of respondent No.3. He
seeks some time to file re-joinder and indicate particulars of
the institutions approved by the Indian Nursing Council without
the same possessing any infrastructure according to the
norms.”The contents of the list have been disputed by the counsel in
Civil Writ Petition No. 8593 of 2008 by filing rejoinder.
This Court in ‘Shiv Shakti Educational Society (Regd.) v.
State of Punjab and others’ 2008 (3) SLR 646, held as under:
Civil Writ Petitions No. 8593 & 9823 of 2008 12“21. We have already referred to the provisions of the
INC Act. The Preamble of the Act shows that the object of the
Act was to establish a uniform standard of training. It provided
for recognition of qualifications by institutes mentioned in the
Schedule and also for making regulations for prescribing
conditions for admission to courses of training. Such
regulations have been statutorily framed and Regulations
(Annexure R4/2) provide obtaining of No Objection/
Essentiality Certificate from the State Government, assessing
suitability of an institution by the Indian Nursing Council before
the programme commences, grant of permission by the INC
for starting the programme, approval of the State Nursing
Council and the University. It further provides for admission of
students only after approval by the State Nursing Council and
the University.It is obvious that no course can be commenced nor
admissions can be granted without permission of the INC,
approval of the State Nursing Council and the University and
No Objection from the State Government.”The Indian Nursing Council has brought to the notice of this
Court that the executive committee of the Nursing Council in its meeting
held on 23rd May, 2009 regarding the issue of own building by the nursing
colleges, had passed the following resolution:
“Item No.3: To discuss the issue of Own Building
Chairperson apprised the members of the
recommendation of the Executive Committee during
22nd December 2009 meeting that the new institutions
can have their own building within 2 years of
establishment. However, it has been observed many of
the institutions are having long lease and some
institutions have requested for extension.Executive Committee members after much deliberation in view of the larger perspectives Civil Writ Petitions No. 8593 & 9823 of 2008 13recommended that the old institutions i.e. established
before 2007 should be given a rejoinder for having their
own building, and who does not have their own building
should be penalized as given below:1. Rs. 5 lakhs for B.Sc (N) programme or If the institution has
only P.B.B.Sc(N).2. Rs. 3 lakhs for GNM programme.
3. Rs. 1 lakh for ANM programme.
Further this penalty will be for next three years
and failing which the institution shall close down the
institution. Executive Committee further recommended a
circulate to be sent to all the institutions and the penalty
to be considered w.e.f. 1st April 2010.Executive Committee further clarified that:
1. The nursing institution can have all
the nursing programmes in the same
building but with requisite
programmewise infrastructure
however labs can be shared.2. If the trust is have some other
educational programmes, the nursing
programme shall be in separate
block/ floor with prescribed sq feet
area.3. Nursing programme may be in
hospital premises with a condition
that it shall be in separate block/ floor
with prescribed sq feet area.4. Long lease by the Govt. however,
rented building shall not be
considered as their own building.”As has been noticed above, uniform standards of imparting
nursing education are to be laid by Indian Nursing Council, they have
prescribed guidelines, which make it essential for the nursing institutions
Civil Writ Petitions No. 8593 & 9823 of 2008 14imparting education to have minimum building infrastructure. Since initially
these institutions were not made to observe, follow and conform to the
minimum standards, they, after approval, have enrolled students. Each
year, relaxation has been made by the Indian Nursing Council and thus,
the institutions have been allowed intake of more students. We are
conscious that by closing the institutions abruptly for their failure to follow
the mandatory provisions of having requisite infrastructure, the interest of
the students, who are already midway of their course, will be jeopardized.
Probably, due to this concern, guided by paramount interest of the
students, Indian Nursing Council has been giving relaxation. It is for this
reason that the executive committee of Indian Nursing Council on 23rd
May, 2009 had passed the above said resolution regarding the need of
having building in conformity with the guidelines. One day, the regime of
relaxations practiced by Indian Nursing Council has to come to an end.
These institutions, since 2005-06, are surviving on relaxation. Grant of
relaxation, as an adhoc measure, not only breed corruption but also
makes academic excellence a casualty. The Hon’ble Apex Court in ‘Unni
Krishnan v. State of A.P.’ 1993 (1) SCC 645, observed as under:
“197. … … … … Education has never been commerce in this
country. Making it one is opposed to the ethos, tradition and
sensibilities of this nation. The argument to the contrary has an
unholy ring to it. Imparting of education has never been treated as a
trade or business in this country since time immemorial. It has been
treated as a religious duty. It has been treated as a charitable
activity. But never as trade or business … … …”It has been further observed by Hon’ble Apex Court in
‘Dental Council of India v. Subharti KKB Charitable Trust’ AIR 2001
SC 2151 as under:
Civil Writ Petitions No. 8593 & 9823 of 2008 15
“9. At present, there is tremendous change in social
values and environment. Some persons consider nothing
wrong in commercialising education. Still however, private
institutions cannot be permitted to have educational ‘shops’ in
the country. Therefore, there are statutory prohibitions for
establishing and administering educational institution without
prior permission or approval by the concerned authority. On
occasions, the concerned authorities, for various reasons, fail
to discharge their function in accordance with the statutory
provisions, rules and regulations. In some cases, because of
the zeal to establish such educational institution by persons
having means to do so, approach the authorities, but because
of red-tapism or for extraneous reasons, such permissions are
not granted or are delayed. As against this, it has been
pointed out that instead of charitable institutions, persons
having means, considering the demands of the market rush for
establishing technical educational institutions including
medical college or dental college as a commercial venture with
sole object of earning profits and/or for some other purpose.
Such institutions fail to observe the norms prescribed under
the Act or the Regulations and exploit the situation because of
ever increasing demand for such institutions. In such cases,
permission is refused by the authorities without there being
any bias or extraneous considerations. It is, therefore,
submitted that Courts normally should not interfere with a
decision taken by the expert body such as Medical Council or
Dental Council by straightway issuing mandamus directing the
authority to grant approval or permission to establish such
institution. Where the authority has refused approval, the
institution may not be well equipped to impart education and
may not have qualified teachers, staff or other infrastructure
necessary for running the institution. If permission is
straightway granted by the Court, society, education and
ultimately, the students suffer.”
Civil Writ Petitions No. 8593 & 9823 of 2008 16
Taking into account the observations made by the Hon’ble
Apex Court, ground realities and interest of the students, we permit the
Indian Nursing Council to act in accordance with the resolution passed by
the executive committee in its meeting held on 23rd May, 2009 regarding
the issue of own building, under the heading of Item No.3, with a rider that
no further relaxation shall be granted by the Indian Nursing Council to the
erring old (established before 2007) nursing institutions, which do not
possess necessary infrastructure, building and teaching staff. An
advertisement shall be published by the Indian Nursing Council in national
daily newspaper and the vernacular newspaper at the cost of institutions,
which have been given relaxation, to make the students aware that after
the lapse of period of relaxation, nursing institution will be closed in case
remedial measures are not undertaken and building in consonance with
the mandatory guidelines is not possessed. This advertisement shall also
contain a cut-off date, on which the approval shall be withdrawn from
these colleges in case they fail to have requisite infrastructure, building
and teaching staff as per the guidelines. The Indian Nursing Council shall
also take into consideration interest of the students and shall stipulate the
date, from which fresh intake of the students will be denied to the erring
institutes, which lack necessary building, infrastructure and teaching staff.
The Indian Nursing Council, being a statutory body to regulate
professional education in the field of nursing, in our view, should take all
necessary measures to the effect that the institutions approved by it
conform to the standards laid. It should ensure that the rigor of the
periodical inspection carried is maintained and the institutions do not
survive only on relaxation. The Indian Nursing Council shall also explore
the possibility of making the institutions/ colleges approved by it compliant
Civil Writ Petitions No. 8593 & 9823 of 2008 17
to CGPA system introduced by National Assessment Accreditation
Council.
With these observations, present two writ petitions are
disposed of. No order as to the costs.
[T. S. THAKUR] [KANWALJIT SINGH AHLUWALIA]
CHIEF JUSTICE JUDGE
September 16, 2009
rps