G.S. Sandhawalia, J. - (1.) THE present writ petition has been filed by 57 petitioners, who are seeking a direction that roll numbers/admit cards be issued to them and they be allowed to sit in the Auxiliary Nurses & Mid -wives Course (for short, the 'ANM course') theory examinations, commencing from January, 2013.
(2.) IN view of the fact that the writ petition came up for hearing on 21.01.2013, for the first time, interim orders were passed permitting the petitioners to appear in the examination which were commencing from 22.01.2013 and now, it is the case of the petitioner that since they have sat in the said examination, their result should be declared. This Court is, however, not in agreement with the said relief, which is prayed for, in view of the reasons which would be delineated below and from the facts which show that how training for the noble profession of nursing as depicted in the minds of the public of the famous example of "Florence Nightingale" fondly remembered as "The Lady with the Lamp", nursing the patients, has been reduced to a farce by the respondent No. 4 -Institute, mainly due to the inaction of respondents No. 2 & 3, the Punjab Nurses Registration Council. The case of the petitioners is that they had taken admission in the year 2011 in the said Institute, namely, Lala Munshi Ram Institute of Health Sciences, Batala Road, Dera Baba Nanak (Gurdaspur), Punjab/respondent No. 4 and studied with the same. On completion of one year, their examination forms were duly sent to respondents No. 2 & 3 for issuance of the roll numbers/admit cards and the total number of 60 students were admitted. Respondent No. 3 had also issued the receipts of Rs. 36,900/ -, for 60 students, which had been received under the provisions of Punjab Nurses Registration Act, 1952 and it was averred that approval had been granted to respondent No. 4 for the purpose of conducting the nursing course on the inspection conducted by the Indian Nursing Council (for short, the 'INC') and respondent No. 2 & 3 and the essentiality certificate has been issued to respondent No. 4 in the year 2000. It was averred that roll numbers had not been issued, without any basis and even earlier, in the year 2010, a total number of 60 students had been allowed to sit in the examination and representation (Annexure P4) had also been filed by the Principal of the Institute.
(3.) IN January, 2011, CWP No. 1747 of 2011 titled EHSAAS, The Human Rights Protection Group, India, Kurukshetra Vs. State of Punjab & others was filed as Public Interest Litigation and respondents No. 2 & 3 were impleaded as party plus various institutes who were alleged to be imparting education for nursing training. Respondent No. 4 -Institute was also arrayed as respondent No. 11 in the said writ petition. Relief prayed in the said writ petition was for directions to strictly adhere to the procedure and guidelines dated 05.07.2004, issued by the State Government wherein admission was to be made in consonance with the procedure laid down in the said notification for the General Nursing & Midwifery Course & ANM training courses. The grouse of the petitioner in the said case inter alia was also that additional students had been admitted in excess of the prescribed strength and no action had been taken against the violators. This Court, vide order dated 12.12.2011, directed that the Director, PGI, Chandigarh to constitute a Committee of three experts to go into functioning of the private nursing colleges in the State of Punjab for the purpose of ascertaining whether the nursing courses offered by the said institutions are genuine and properly trained nurses are passing out through the institutions to serve the public cause. The report of the functioning of the private nursing colleges/institutions by Dr. A.K. Bhalla, Professor, Department of Paediatrics, PGIMER, Dr. Sandhya Ghai, Principal, National Institute of Nursing Education, PGIMER and Dr. Bhavneet Bharti, Department of Paediatrics, PGIMER, dated 23.05.2012 was placed on record. The report pertaining to respondent No. 4 -Institute would go on to show that it was non -functional and non -existant. The relevant portion of the report pertaining to respondent No. 4 read as under: The committee paid visit for inspection to Dera Baba Nanak in the morning of 2.5.12. The committee took more than two hours in the town to locate the proprietors/administrators of the college as nobody was aware about the college location for an obvious reason that aforesaid nursing school was altogether non existing. There was no structured building complex housing the above said nursing institution. Finally, the committee could trace out one of concerned individuals managing this above mentioned nursing school. Dr. Rajni Pawar who was present in the clinic confirmed that her husband is one of the members of the managing committee and at present is not available in the town. However, she called one of the senior members to the clinic who didn't reveal his name despite request. He also confirmed the facts reported by Dr. Rajni Pawar. In Committee's opinion he appeared to either be proprietor/associate or a senior authoritative personnel. The committee requested Dr. Rajni Pawar to accompany members to the nursing school site when she disclosed that at present they don't carry out any activities or business of aforesaid college at Dera Baba Nanak and the building is yet to be constructed and at present no physical structure named as LMR Nursing school existed in the town. She also informed that they have shifted their students to Majha International School at Batala where they are seeking necessary nursing training. However, she was unaware about the exact number of students admitted in the current session as well as additional seats filled by the college in the year 2009 -10. She further added that the management of the LMR school has requested Director Medical Education and Research Chandigarh to permit continuation of services of their nursing school at Majha International School of Nursing. She also emphasized that these facts could be verified if committee desires so from Mr. Rachpal Singh who is the current chief of Majha International School of Nursing. In view of this committee decided to verify the same from the management during their visit to Majha International School of nursing on the same day. However, these concerned persons appeared keen to restart the nursing school at Dera Baba Nanak after purchasing the land etc. The entire interaction remained cordial and they made the necessary payment (TA etc.) Impression: Physically, the LMR School of Nursing did not exist at Dera Baba Nanak, it only existed on papers. The committee felt necessary to confirm about the quality of training being imparted to students of LMR nursing school which were told to have been shifted to Majha International School Batala, by paying visit to the school.;