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Madhya Pradesh High Court · body

2022 DIGILAW 74 (MP)

Premvati College of Nursing v. State of M. P.

2022-01-12

ARUN KUMAR SHARMA, SUJOY PAUL

body2022
ORDER 1. With the consent of the parties, matter is heard finally. 2. The petitioner has prayed for following relief:- “1. That, appropriate writ/order/direction be issued thereby directing the respondent No.2 to take enrolment/registration for the remaining 13 students so that they may sit in the examination scheduled in December 2021, in the interest of justice, 2. That appropriate writ/order/direction be issued thereby directing the respondents to act upon the communication/order dated 14.7.2021 and 7.9.2021 and enrol/register the remaining 13 students in the interest of justice, 3. Any other relief deemed fit and proper be also granted, 4. Cost of the petition.” 3. Shri Rohit Jain, learned counsel for the petitioner submits that this matter relates to the enrollment/registration of 13 students whose names are as under: S. No. COURSE NAME FATHER NAME 1. M.Sc Nursing Kiran Choudhary Mr. Babulal Choudhary 2. M.Sc Nursing Shikha Shukla Mr. Nageshwar Prasad Shukla 3. M.Sc Nursing Deepa Shivhare Mr. Ramkripal Shivhare 4. B.Sc Nursing Anurag Dubey Mr. Manoj Kumar Dubey 5. B.Sc Nursing Nandini Patel Mr. Chatrapal Patel 6. B.Sc Nursing Sonia Sahu Mr. Shyamlal Sahu 7. B.Sc Nursing Swati Gond Mr. Veerendra Singh 8. B.Sc Nursing Aarti Shriwastawa Mr. Omprakash Shriwastava 9. BPT Priyanka Verma Mr. Banwari Lal Verma 10. BPT Jitendra Sahu Mr. Sitaram Sahu 11. BPT Premdeep Namdeo Mr. Pramod Namdeo 12. BPT Shubham Karn Mr. Purushottam Karn 13. BPT Anil Kumar Jayswal Mr. Chhotelal Jayswal 4. These 13 students could not submit their online applications for registration for the sessions 2019-20 in the relevant course within the stipulated time. Their inability was because of Covid-19 pandemic related problems. The University extended the application dates till 15th December, 2020. However, these 13 students could not prefer the same within the stipulated time. Thus, petitioner’s college preferred application dated 22.12.2020 (Annexure-P/10) followed by the reminders dated 5.1.2021 (Annexure-P/11), 03.02.2021 (Annexure-P/12) and 18.06.2021 (AnnexureP/13) requesting the University to open the portal to enable 13 students to fill the formalities. Since none could fetch any result, petitioner preferred a representation to the State Government. In turn, State Government by communication dated 14.7.2021 directed the DME of Directorate to consider the said prayer and apprise the department about the decision. In turn, by communication dated 7.9.2021 the University issued a notice permitting submission of offline applications of the left out students within three days. In turn, State Government by communication dated 14.7.2021 directed the DME of Directorate to consider the said prayer and apprise the department about the decision. In turn, by communication dated 7.9.2021 the University issued a notice permitting submission of offline applications of the left out students within three days. It is specifically pleaded in para 5.21 of the petition that the said students preferred their offline applications and fulfill the formalities within three days by offline mode. An affidavit in this regard was filed by the Director of the college on 09th September, 2021. 5. Shri Rohit Jain, learned counsel for the petitioner further submits that the students of M.Sc. Nursing and B.Sc. Nursing of 2019-20 batch were given general promotions, whereas for BPT Course Examination, is going on. The next examination is scheduled on 14th & 18th of this month. Shri Jain further submits that despite fulfilling the formalities through offline mode within three days as per notice dated 7.9.2021, the 13 students were not given the requisite benefits. 6. The similar issue cropped up in relation to similarly situated students of different institution before the Gwalior Bench. The Court by various interim orders directed the University to process their applications. Few such orders passed in W.P. Nos. 25794/21 ((M.L.B. College of Nursing Chandapur Near Berja Bilhati Morar Gwalior (M.P) thr. Principal Smt. P. ID v. The State of Madhya Pradesh), 26602/2021 ((Shri Ramnath Singh Mahavidyalya College of Nursingh Gormi Distt. Bhind run by Society namely Shri v. MP Medical Science University Jabalpur), 26003/2021 ((R.L.D. Nursingh College thr. Director MR. Alok Udaipuriya S/o Shri Kailash Narayabn Udaipuriya v. The State of Madhya Pradesh and Others) and 25986/2021 ((Preston College thr. Its Director HRI Probodh Tripathi v. The State of Madhya Pradesh and others) are placed on record with I.A. No.325/2022. The reliance is also placed on document dated 2.1.2021 filed with said IA to establish that in furtherance of Gwalior Bench order in the aforesaid cases, the students of 13 colleges, who were similarly situated have been given the benefit of opening the portal by entertaining their applications. 7. Learned counsel for the petitioner submits that aforesaid 13 students are similarly situated and there is no justification in not opening the portal for them and not entertaining their offline applications. The return of respondent is silent about para 5.21 of the petition. 8. 7. Learned counsel for the petitioner submits that aforesaid 13 students are similarly situated and there is no justification in not opening the portal for them and not entertaining their offline applications. The return of respondent is silent about para 5.21 of the petition. 8. Shri Mishra, learned counsel for the University opposed the prayer and submits that if all other students could have preferred online applications before last date of submission i.e. on 15th December, 2020, it is not comprehensible as to why these 13 students could not do the same. For this reason alone, their applications are not entertainable. The attempt of college is to include the students by backdoor, which is impermissible. He submits that although name of one such student Arti is mentioned in the attendance register, since register is not alphabetically arranged, it creates doubt about the genuineness of her name in the attendance register. 9. The parties confined their arguments to the extent indicated above, we have heard the parties at length and perused the record. 10. Indisputably, by revised notification dated 28.10.2020, the last date of submission of online application without late fees was extended upto 15th December, 2020 and during this time, aforesaid 13 students could not prefer their online applications. However, as categorically pleaded in para 5.21 of the petition by notice dated 7.9.2021 (Annexure-P/16), the offline applications were invited within three days, the necessary formalities for these 13 students were made by the petitioner college/students. There is no denial to this categorical pleading in the entire reply. On a specific query from the Bench, learned counsel for the respondent could not point out any pleadings which amounts to rebuttal of avernments of para 5.21 of the petition. The apex Court in Naseem Bano (SMT) v. State of U.P. and others, 1993 Suppl. (4) SCC 46 opined that if categorical pleadings of petition are not specifically denied, it will amount to admission of the pleadings. We deprecate the practice of filing sketchy returns by the statutory bodies like University. Once notices along with the petitions are received by the University, it is the minimum expectation that the university will file para-wise reply dealing with each and every averment of the writ petition. 11. We deprecate the practice of filing sketchy returns by the statutory bodies like University. Once notices along with the petitions are received by the University, it is the minimum expectation that the university will file para-wise reply dealing with each and every averment of the writ petition. 11. As discussed above, we find no reason to disbelieve averments of para 5.21 of the petition and, therefore, find no justification in the action of University in not accepting the offline application of 13 students. These 13 students, in our opinion, are entitled to get same benefit, which was granted subsequently by the Gwalior Bench also in catena of orders, which was translated into action/reality by passing a specific order dated 2.12.2021 filed with I.A. No.325/2022. 12. As analyzed above, the respondents have committed an error in not accepting the offline applications of said 13 students. Their applications shall be treated to be accepted and the benefit of general promotion be given to the students of B.Sc. and M.Sc. So far as the students of BPT Course are concerned, they be forthwith permitted to participate in the remaining examination. The examination which they have been missed out may be taken by way of supplementary. The petition is allowed to the extent indicated above.