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A Supreme Court bench of Justices UU Lalit and Ravidra Bhat today set aside an order passed by the Gwalior Bench of Madhya Pradesh High Court appointing advocates as court appointed commissioners to physically inspect if the infrastructure of certain nursing training colleges were in compliance with the relevant laws of the State.

The Gwalior Bench of Madhya Pradesh High Court, had on 18th August passed an order in a Public Interest Litigation appointing advocates and an officer on special duty of the High Court to verify if nurse training colleges are compliant with essential infrastructural and other pre-requisites prescribed by under  Madhya Pradesh Upcharika, Prasavika, Sahai Upcharika Prasavika Tatha Swasthya Paridarshak Registrikaran Adhiniyam, 1972 and the 2018 rules. The commissioners were directed to perform surprise physical inspection in 271 nursing colleges at Shivpuri, Sheopur, Morena, Bhind, Datia and Gwalior districts.

The order of the High Court was challenged by the private nursing college association on the ground that these commissioners neither have the technical background nor have any expertise in subject or fields associated with nursing.

The respondent submitted that during the period of pandemic when there were requirements for beds, responses were sought from certain nurse training colleges and since the appropriate responses were not forthcoming from some institutions, the court found it fit to appoint commissioners to inspect the institutions.

The court on hearing the parties set aside the order of the Madhya Pradesh High Court without going into the question as to whether the circumstances pleaded for in the PIL called for any urgent and extraordinary orders such as appointment of commissioners. The court further requested the Madhya Pradesh High Court to consider the matter afresh and appoint such persons as commissioners and commissions which will be in conformity with the relevant laws in place.

Case title: Private Nursing College Association Vs Hari Om & Ors