Madhya Pradesh High Court: In a perjury application filed against the Registrar of the Madhya Pradesh Paramedical Council (‘MPPC’) in the MP Paramedical Colleges Scam case, the Division Bench of Atul Sreedharan and Pradeep Mittal, JJ., held that the perjury proceedings could not be initiated at this stage since the present proceedings had been stayed by the Supreme Court. Accordingly, the matter was adjourned sine die, i.e., till further order from the Supreme Court.
Background
By way of the impugned order dated 14-07-2025, the MPPC permitted 166 Paramedical Institutions to conduct courses of the year 2023-24. The Paramedical courses were to be conducted from November 2023 to October 2024. The last date for receiving applications for recognition of the Institutions offering courses in Paramedical Sciences was 31-12-2023. At that point in time, the Special Act of the State, i.e., Madhya Pradesh Sah Chikitsiy Parishad Adhiniyam, 2000, was in force. Subsequently, in 2024, the Paramedical Council of the State was dissolved as the National Commission for Allied and Health Care Professions (‘National Commission’) in 2021 had recognized the course in Paramedical Science, and, therefore, the registration of these Institutions was to take place by the MPPC.
As the Coram of the National Commission was not complete, they could not frame the Regulations for granting recognition to institutions offering Paramedical courses. In that circumstance, on 11-11-2024, the State Government once again revived the MPPC. MPPC received 277 applications from prospective institutions seeking recognition to offer courses in Paramedical Science. Out of the same, 166 Institutions were granted recognition between January and February 2025. On the basis of this recognition, the impugned order was issued permitting the course for the year 2023-24.
In the order dated 16-07-2025, the Court noted that, undisputedly, the course of 2023-24 could not be carried out as none of the institutions came into existence during that time, as they would require recognition from the MPPC, which was granted in 2025. The Court remarked that it belied all logic, sensibility, and questioned the sanity of a reasonable man as to how these institutions could be allowed to start the course for 2023-24 in the year 2025.
Accordingly, the impugned order was stayed till the next date of hearing, and the institutions were categorically directed that they shall take no steps to start the 2023-24 session. Likewise, the course for 2024-25 was also stayed.
Thereafter, in the order dated 07-08-2025, the MPPC denied the petitioner’s request to provide the entire data relating to the Paramedical Colleges, citing privacy concerns as the data contained third-party information. However, the Court noted that the limited information and data provided by the petitioner, prima facie, reflected that certain irregularities had taken place.
The petitioner contended that the same establishment was used for the Nursing Colleges and the Paramedical Colleges, and only a flex sign was pulled over the upper portion of the college as and when the inspection took place.
Furthermore, upon being apprised that the Supreme Court had stayed (‘stay order’) the previous order dated 16-07-2025 of the Court, the Court stated that while passing the said order, it, prima facie, took cognizance of what appeared to be the illegalities/irregularities in the manner in which recognition was granted to certain Paramedical Colleges in Madhya Pradesh. As it relates to public health, the Court expressed concern regarding students who were graduating from fly-by-night operatives being employed in hospitals and administering healthcare, which might pose a grave risk to the health of the people of Madhya Pradesh.
Regarding the petitioner’s prayer that the Quality Council of India (‘QCI’) be directed to report whether the infrastructure they have inspected were exclusively being used as Paramedical Colleges, the MPPC contended that there were four institutions/organizations which were investigating the establishment and conduct of the Paramedical Colleges, and questioned whether the Court had no faith in any of those institutions.
The Court remarked that the problem was one of trust deficit and not the complete absence of trust. In the initial stage of the PIL examining the Nursing Colleges Scam, the Court had directed the CBI to carry out the verification of the Nursing Colleges and give its report. However, several CBI Officers were allegedly corrupted by some of the Nursing Colleges, due to which the CBI itself registered an FIR against those officers. So, the question is, who can the Court believe in such a situation, where money speaks and integrity has no value for some within these institutions? Thus, by way of abundant caution, the Court, vide order dated 07-08-2025, directed the QCI to inspect for compliance and suitability of every Paramedical College and endorse that there is no other institution/establishment being run from the same infrastructure.
“The kind of environment that exists today is that it is not a crime to be dishonest as long as one is not caught.”
In the present application, the petitioner contended that MPPC had perjured before the Court by falsely stating that no students were admitted to any of the institutions before affiliation was granted by the MP Medical Science University or any other university. The basis for this contention was the statements made by the MPPC before the Supreme Court in its Special Leave Petition about the 2023-24 session being in progress with 21,894 students on board, despite denying the same before this Court, citing a lack of recognition. It was only on account of the said submission made by the MPPC that the Court had passed the order barring admissions for the 2023-24 session under the impression that no one would be adversely affected, as admissions had not commenced yet. It was also stated in the SLP that the admission status of the 21,894 students was apprised to the Court herein.
The petitioner further contended that the MPPC stated on oath before the Court that after recognition for any paramedical course for any session by the MPPC, the institute concerned had to first obtain affiliation from the MP Medical Science University or any other university concerned. Only then could the students be given admission. After admission, every institution had to mandatorily upload the list of admitted students on the MPPC website. Despite this, the MPPC informed the Supreme Court that 21,894 students had been admitted by the recognised paramedical institutions for the academic session 2023-24, and their session was ongoing.
Analysis
Noting the contentions raised by the petitioner, the Court stated that at this stage it would not be appropriate to issue notice on the application for prosecuting Dr Sheloj Joshi, Registrar of the MPPC, for perjury, which had been filed in the present writ petition, which was stayed by the Supreme Court vide the stay order. Additionally, the order dated 07-08-2024 had been challenged before the Supreme Court, wherein the Supreme Court expressed concern about the Court proceeding in the matter despite the previous stay order by incorrectly construing the stay order.
The Court explained that it understood the effect of the stay order as being limited to granting liberty to the 166 paramedical colleges to proceed with accepting admissions for the academic year 2023-24, while the Supreme Court, inter alia, examined the legality of the paramedical colleges having inducted 21,894 students in the year 2023-24 without any recognition granted to them by the MPPC and without any affiliation granted to any of the colleges by the MP Medical Science University, a sine qua non before even a single student could have been enrolled by any of these colleges.
The Court remarked that it regrettably failed to appreciate that when the Supreme Court intended to stay the entire proceedings before the Court in the present matter.
“This Court, in all humility, wishes to record that it is most cognizant of the hierarchy of Courts and of judicial discipline and is most conscious of the judicial inferiority of this Court vis-à-vis the Supreme Court and would never ever, deliberately, pass an order constituting judicial overreach.”
Accordingly, since the Supreme Court had unambiguously and unequivocally stayed further proceedings in this matter, the Court stated that the perjury proceedings sought in the present application could not be undertaken at this stage. Consequently, the case was adjourned sine die., i.e., indefinitely.
[Law Students Association v. State of Madhya Pradesh, WP No. 27497 of 2025, decided on 20-08-2025]
Advocates who appeared in this case:
For the petitioner: Alok Vagrecha and Vishal Baghel
For the respondent: Senior Advocate Sanjay K. Agrawal, Siddharth Kumar Sharma, and Deputy Advocate General Abhijeet Awasthi
