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| HC directs BIN&PS to pay Rs 50,000 to each student admitted from 2017 onwards | | | Early Times Report
JAMMU, Dec 24: In a landmark judgment, Justice Rajesh Bindal while dismissing the petition filed by Baba Institute of Nursing and Paramedical Sciences (BIN&PS), ordered that each of student admitted from 2017 onwards, without Institute being recognized, are directed to be paid Rs 50,000 each as damages. In case they find the damages to be insufficient, they shall be entitled to avail any appropriate remedy for claiming any amount of damages from the petitioner Institute. In addition to the aforesaid amount, the entire fee or any charges received by the petitioner from the students shall be refundable to them. Needful be done within two months from the date of receipt of copy of the order.
The petitioner has approached this Court praying for extension of the No Objection Certificate already granted to him for conducting Para Medical Training courses. Further direction has been sought to the respondents to accept the registration/examination forms of the students studying in the petitioner's institute to enable them to take examination.
During the course of hearing counsel for the petitioner submitted that the petitioner Institute was granted No Objection Certificate vide Government Order No. 129-IIME of 2010 dated 26.02.2010 for conducting Para Medical Training courses. His submissions is that the petitioner institute having been granted provisional No Objection Certificate, the same should be continued further to enable the students admitted by the institute to take their examination. The admissions were carried out in the year 2017. They have already undergone their training in the District Hospitals, for which even fee was also deposited. In case the permission is not granted, the students will suffer irreparable loss. The petitioner fulfills all the eligibility conditions. Whatever objections were raised by the J&K State Paramedical and Nursing Council (for short 'the Paramedical Council'), the same had been complied with.
Justice Rajesh Bindal after hearing Adv Ankush Manhas for the petitioner whereas senior AAG HA Siddqui appearing for the state observed that the authority including the council need to examine the issue as to why the list of approved institutes imparting para-medical education cannot be published in the newspaper well before the start of admissions for any session so as to apprise the prospective candidates and ensure that they are not cheated in the process.
Justice Rajesh Bindal further observed that it is the responsibility of the State and/or the Regulatory bodies constituted under the relevant statutes or otherwise to monitor quality of education imparted by any private or government institute. The idea is to bring best product out, which could serve the society in the field in which they have been educated and stay ahead in the competitive market. But what is evident from the facts of the present case is that this responsibility is not being discharged by the persons at the helm of affairs. The institutes are running and conducting courses without any permission. This court is not opining on this issue but has noticed this just as a food for thought for the authorities to apply their mind on the issue.
With these observations High Court dismissed the petition. —JNF |
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