Allowed

College of Nursing v. State of Chhattisgarh

Chhattisgarh HC6 May 2022REVP/55/2022

Case brief

AI extract

What is this about?

Single Bench allowed a review petition dismissing a previous order that refused an affiliation prayer. The court found an error apparent on the record because the academic session for which the petition was filed was not nearly ending, thereby justifying a remand to hear the original writ petition.

What did the court decide?

The impugned order dated 15.3.2022 in W.P.(C) No.627/2022 was recalled, and the original writ petition was listed for remater.

College of Nursing Vs State of Chhattisgarh — Education and Admissions | Chhattisgarh HC (2022)

¶1

Page No.1

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

REVP No. 55 of 2022

¶4

College of Nursing, Mordern Medical Institute Run by : Mordern Medical Institute Through : The Director Modern Medical Institute Dhamtari Road, Lalpur Raipur, District : Raipur, Chhattisgarh

¶5

---- Petitioner

¶6

Versus

¶7

State of Chhattisgarh Through The Secretary to the Govt. of Chhattisgarh, Department of Medical Education Mahanadi Bhawan, Atal Nagar, Police Station Rakhi, Raipur Chhattisgarh.

¶8

The Director, Directorate of Medical Education, Old Nursing Hostel, Mantralaya Campus, Raipur, District-Raipur Chhattisgarh 492001.

¶9

Pt Deendayal Upadhyay Memorial Health Sciences and Ayush University Through The Registrar Pt. Deendayal Upadhyay Memorial Health Sciences and Ayush University G.E. Road, Raipur, District Raipur Chhattisgarh.

¶10

Chhattisgarh Nurses Registration Council Through The Registrar, Chhattisgarh Nurses Registration Council Old Nurses Hostel Directorate Health Services Raipur Chhattisgarh.

¶11

The Registrar Pt. Deendayal Upadhyay Memorial Health Sciences and Ayush University, G.E. Road, Raipur District Raipur Chhattisgarh.

¶12

---- Respondents

¶13

For Petitioner	:	Mr. Anurag Dayal Shrivastava, Advocate.
For State/Respondent	:	Mr. Gagan Tiwari, Dy. Govt. Advocate.
No.1 & 2
For Respondent No.4	:	Mr. Rahul Mishra & Mr. Vikash Dubey, Advocates.
For Respondent No.5	:	Mr. Ajay Kumar Dwivedi, Advocate.

¶14

Hon'ble Shri Justice Rajendra Chandra Singh Samant

Order On Board

06/05/2022

Heard.

By this petition the petitioner is praying for review of order dated 15.3.2022 passed by this Court in Writ Petition(Civil) No.627/2022 and

¶19

one another petition.

¶20

Page No.2

¶21

It is submitted by the learned counsel for the petitioner, that this Court while disposing of the W.P.(C) No.627/2022 has observed, that the Sessions of the year 2021-22 is nearly ending, therefore, the order directing the respondent University to consider on affiliation application filed by the petitioners would further take time and, therefore, there is paucity of time to conduct all the process in the grant of affiliation and the petition was disposed off.

¶22

It is further submitted by the learned counsel of the petitioner, that this Court failed to appreciate, that the petitioner had filed the application for affiliation before respondent No.3 in time before the last date of 31^st July, 2021, and it was failure on the part of the respondent No.3 to consider on this application for affiliation. It is also submitted that this Court has not appreciated this fact, that the session for which the last date of admission given by respondent No.3 is 31.3.2022, was going to start from June/July, 2022, therefore, there is an error apparent present on the face of the record, because of which the impugned order is fit to be recalled.

¶23

It is submitted that this order was also challenged in Writ Appeal No.184/2022 which was disposed off by the Division Bench of this Court vide order dated 6.4.2022, directing the petitioner to file appropriate application before the Single Bench, therefore, this review application is filed, hence, it is prayed that the review petition be allowed.

¶24

Learned State counsel representing Respondents No.1 & 2 opposes the submissions made by counsel for the petitioner.

¶25

Learned counsel for respondent No.3 submits, that the review petition filed is misconceived. The impugned order has been correctly passed.

¶26

Page No.3

¶27

The petitioner did not have the approval for taking admission in 100 seats when the application for affiliation was filed. The approval was granted by the Chhattisgarh Nurses Registration Council on 21.10.2021. Therefore, filing of application for affiliation was not fit to be considered as the requisites for the affiliation was not present on 31.7.2021, hence, the review petition be dismissed.

¶28

Considered on the submissions. It appears from the impugned order, that the emphasis of this Court was only to this extent, that the educational sessions which was mentioned as 2021-22, was coming to an end and it was observed in para-6 of the order as follows:-

¶29

“6. Considered on the submissions. The session 2021-2022 is nearly ending and order directing respondent the University to consider on the affiliation application filed by both the petitioners would further take time, as according to rules and regulations of the University, the prior inspection of the concerned institution is mandatory, therefore, there appears to be no possibility of grant of affiliation, taking of admission and conducting the educational course in the time that is left for the current session, 2021-2022. Therefore, I am of this view that the prayer of the petitioners for direction to the respondent University to grant affiliation for the session 2021-2022 is no longer feasible. Hence, both the petitions are disposed off. However, respondent Pt. Deendayal Upadhyay Memorial Health Sciences and Ayush University is directed to consider for grant of affiliation to the petitioners in the enhanced intake capacity for next session of 2022-2023.”

¶30

As has been revealed by the submissions of the counsel for both the parties, that the educational sessions shall start from June/July, 2022, hence, it is observed that the observation of this Court regarding the

¶31

Page No.4

¶32

educational session was coming to an end was incorrect, which is an error apparent on the face of record, which is a ground available for review under Order 47 Rule 1 of CPC. The submission made by the learned respondent counsel are regarding the merits of the case, which shall be considered when the writ petition is heard again.

¶33

On the basis of this conclusion drawn, this Review Petition is allowed. The order dated 15.3.2022 in W.P.(C) No.627 of 2022 is recalled and review is granted to the petitioner, as a result of which the W.P.(C) No.627/2022 shall be heard again.

¶34

Accordingly, the Review Petition is disposed off.

¶35

Registry is directed to list W.P.(C) No.627/2022 and the another matter which was heard along with W.P.(C) No.4667/2021, on 13-05-2022.

¶36

Sd/-

¶37

(Rajendra Chandra Singh Samant) Judge

¶38

Nisha

College of Nursing v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

College of Nursing v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mithileshwer Ray Vs South Eastern Coalfields Limited

Mithileshwer Ray Vs South Eastern Coalfields Limited

Dr. Neha Sakarkar Vs State of Chhattisgarh

Ishwar Podyami Vs State of Chhattisgarh

Suresh Khute Vs State of Chhattisgarh

Shesh Narayan Sharma Vs State of Chhattisgarh