K. L. Sharma College Of Nursing vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:67583
1 WP-25119-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE B. P. SHARMA
nd
ON THE 2 OF SEPTEMBER, 2026
WRIT PETITION No. 25119 of 2026
K. L. SHARMA COLLEGE OF NURSING
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Aayush Sharma - Advocate for petitioner.
Smt. Janhavi Pandit - Addl. A.G. for respondent nos. 1 to 3/State.
Shri Abhijeet Awasthi - Deputy A.G. for respondent no.4.
ORDER
Per: Justice Anand Pathak
The instant petition is preferred by petitioner under Article 226 of the
Constitution of India seeking following reliefs:
" (i)Issue an Interim Direction to Respondent No. 2 and
Respondent No. 3 to provisionally open the portal link/window for
the Petitioner Institution (Application ID: A260462) for a
specified period of 24 to 48 hours, allowing the Petitioner to
upload its complete infrastructural documents and submit the
application layout for the Academic Session 2026-27, subject to
the final outcome of this petition.;
(ii) Direct Respondent No. 2 to provisionally process the
Petitioner's application for recognition without treating the third-
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 09-09-2026
16:10:09

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party PAN conflict or the automated 60-bed threshold entry as a

disqualifying factor at the initial screening stage.;
(iii) Pass such other ad-interim orders as this Hon'ble
Court may deem fit to protect the statutory status of the institution
and the academic prospects of its prospective students ."
2. Precisely stated facts of the case are that petitioner is a duly
established and recognized educational institution running under the name
and style of K.L. Sharma College of Nursing, situated at Village Bijlon,
District Sehore, Madhya Pradesh. The petitioner-Institution is actively
engaged in imparting professional nursing education in the State and is
bound by the academic and infrastructural regulatory frameworks set up by
the Respondent authorities.
3. For the mandatory purpose of providing clinical training to its
nursing students under applicable statutory regulations, petitioner-
Institution maintains a valid and lawful institutional tie-up with Rana Uday
Hospital, Sehore.
4. Pursuant to Rules 5 and 6 of the Madhya Pradesh Upcharyagriha
Tatha Rujopchar Sambandhi Sthapanaye Act, 1973, the Office of the Chief
Medical & Health Officer (CMHO), District Sehore, issued a formal license
under Form 'BB' and a Certificate of Registration under Form 'B'. These
statutory documents explicitly verify that Rana Uday Hospital is a legally
registered and recognized 100-bedded Nursing Home under the Allopathy
System of Medicine. This registration was issued on 01.04.2026 and remains
legally valid and subsisting till 31.03.2029.
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 09-09-2026
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5. In compliance of the scheduled regulatory timelines for the

Academic Session 2026-27, petitioner-Institution processed its online
A.N.M. Course Affiliation Renewal Form (Annexure P/2) on the State’s web
portal on 07.06.2026. The online fees were successfully deposited and the
transaction was logged. The hard copies of this successfully submitted
renewal application were forwarded to respondent no. 2-Council through a
formal covering letter dated 18.06.2026 (Ref No:
KLS/2026/1069). Respondent No. 2- Council physically received and
officially acknowledged these documents on 19.06.2026.
6. On 08.06.2026, while petitioner-Institution was actively attempting
to fill out the primary College Recognition Form for Academic Session
2026-27 on MP Online portal, it encountered an absolute structural and
software blockage. The State-managed web portal erroneously auto-
populated, locked and restricted the affiliated hospital’s data field to show
capacity of merely 60 beds, completely overriding the hospital's genuine,
legally registered capacity of 100 beds. Because the electronic form
automatically calculated compliance parameters based on this faulty 60-bed
entry, it made the college appear infrastructure-deficient completely
preventing the portal from accepting a final submission.
7. Simultaneously, on same date i.e. 08.06.2026, a secondary critical
data block was thrown by the portal interface while the petitioner-Institution
was uploading the mandatory profile credentials of its Principal, Shri Vishnu
Kumar Prajapati. The system flashed a restrictive pop-up error message
stating "PAN NUMBER ALREADY EXISTS". Upon deeper review, it was
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 09-09-2026
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discovered that an unrelated third-party entity had fraudulently or

erroneously mapped the Principal’s individual Permanent Account Number
on the database registry completely locking out petitioner from deploying its
own Principal's credentials on its active portal profile.
8. Acting with the highest degree of promptness and legal vigilance
on the cut-off date itself, petitioner-Institution dispatched multiple high-
priority emails and formal digital representations to the administrative heads
of respondents to alert them of these software glitches. On 08.06.2026,
petitioner e-mailed the respondent no. 2-Council explaining the technical 60-
bed portal constraint and attached the official CMHO evidence. On
08.06.2026, a specific electronic update request was logged regarding the
system block on the Principal's registration file.
9. On 08.06.2026, an exhaustive formal appeal was emailed to the
Honorable Secretary (MPNRC), the Director of Health Services (DHS) and
the Department of Medical Education. Petitioner meticulously described the
dual portal failures and explicitly prayed for a brief 1-day portal window
extension to resolve the data discrepancies.
10. Immediately after encountering the aforesaid technical difficulties,
petitioner- Institution did not remain silent and continued to pursue the
matter before the competent authority. On 09.06.2026, petitioner submitted a
detailed written representation before the Hon'ble Secretary, Madhya Pradesh
Nurses Registration Council, Bhopal, seeking a limited extension of one day
for completion of the online recognition process.
11. Petitioner specifically brought to the notice of respondents that the
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 09-09-2026
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application could not be completed due to technical errors beyond the control

of the Institution, including incorrect reflection of hospital bed capacity and
the Principal's PAN duplication issue. Petitioner also informed that all
necessary documents and infrastructure were already available and requested
for intervention in the interest of students and academic continuity.
12. Shri Vishnu Kumar Prajapati, the appointed Principal of
petitioner- Institution, separately submitted a representation dated
09.06.2026 before the MPNRC explaining that, while filling the recognition
form, the portal was incorrectly displaying the message "PAN NUMBER
ALREADY EXISTS", due to which his credentials could not be uploaded
and his appointment details could not be completed.
13. The Principal categorically stated that he had not provided his
documents or consent to any other institution and requested immediate
correction of the portal error. For permanently clearing his credentials from
illicit external mapping, Principal, Shri Vishnu Kumar Prajapati, who had
been discharging his duties at the college since 01.05.2026, executed a
formal letter dated 16.06.2026 addressed to the Honorable
Secretary/Registrar of the MP Nurses Registration Council.
14. Principal detailed the unethical exploitation of his PAN card on
the server by an unknown facility and requested strict regulatory action. This
formal dispute was physically tendered at the Council's office and was
officially accepted and stamped on 19.06.2026. Despite the fact that
petitioner possesses an unblemished infrastructural profile, the respondents
failed to correct the electronic entry parameters or open a correction
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 09-09-2026
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window. Hence, petitioner is before this Court.

15. It is the submission of learned counsel for petitioner that action of
respondents in shutting down the recognition portal without resolving the
genuine, documented technical discrepancies is arbitrary, discriminatory and
violently infringes upon petitioner's fundamental right. It is also submitted
that the electronic database maintained by the respondents suffered a severe
security compromise or administrative sight.
16. It is further submitted that a legitimate educational institution
cannot be penalized or shut down due to a third-party fraudulent document
mapping existing on the State's portal database. It is also further submitted
that respondent no.4-Council is guilty of violating the principles of natural
justice. Hence, he prays for allowing the petition.
1 7 . Per contra, learned counsel for respondents opposed the
contentions by contending that the online portal for filing application form
for recognition of Academic Session 2026-2027 was started from 18.05.2026
and closed on 08.06.2026, whereas petitioner filed the present writ petition
on 30.06.2026. It is also submitted that bed allocation is a one-time online
process run by M.P. Online and respondent no.4 had commenced the
counselling process of Academic Year 2026-2027 and the choice filling is to
end on 31.08.2026, which will render the recognition process infructuous.
Hence, they prayed for dismissal of petition.
18. Heard learned counsel for the parties and perused the documents
appended thereto.
19. This is a case where the petitioner has sought to provisionally
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 09-09-2026
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open the portal/window (for petitioner institution) and allow the petitioner to

upload its complete infrastructural documents for recognition. However,
from the reply it appears that petition suffers from delay and latches. Portal
for filling online application for recognition of Academic Session 2026-
2027 was started from 18.05.2026 and closed on 08.06.2026 whereas the
petitioner filed present writ petition on 30.06.2026.
20. Respondents also referred in reply about the main procedure
during the recognition process regarding allotment of government beds,
which is known as 'bed allocation', in which the college had opted for
government beds as per their requirement. Allotment of beds in government
hospitals for clinical training for their students is an important part of
nursing curriculum.
21. Therefore, bed allocation is a one time process run by MP Online
in which the beds are allotted as per the seniority referred in the
establishment year of nursing institutions and the said process is already
completed by the respondents. Therefore, even if recognition is given, then
because of non-availability of beds, the purpose of recognition would be
defeated.
22. Another aspect is in respect of affiliation. Whether the affiliation
would be obtained is the question and in absence of any affiliation, courses
like B.Sc./M.Sc. may not commence. One more aspect is regarding the
arguments that a third party had fraudulently entered the PAN number of
Principal namely, Shri Vishnu Kumar Prajapati of their nursing institution.
23. Said aspect is dealt with by the respondent in its reply and found
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 09-09-2026
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to be frivolous one. Even otherwise, last date for admission as prescribed by

the Indian Nursing Council for Academic Session 2026-2027 is 30.09.2026
and if the petitioner is permitted at such a later stage, then whole process
would be delayed and derailed.
24. Therefore, in the conspectus of facts and circumstances of the
case, the petitioner has approached before this Court at such a belated stage
and the bona fides of petitioner do not invoke credence and confidence,
therefore, no discretionary jurisdiction can be exercised at this stage.
25. Resultantly, petition sans merits, is hereby dismissed.
(ANAND PATHAK)
(B. P. SHARMA)
JUDGE
JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 09-09-2026
16:10:09