IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 36579 of 2007(D) -------------------------- PETITIONER: ------------ 1. ABIDA S.V., D/O VISWAMBHARAM.C, MOTHER BLESS, PANAYADU, VELLARADU P.O. 2. ARATHY R., D/O A.RAJAMANI, PADATHALAVILAVEEDU, R.C.STREET, NEYYATTINKARA P.O. 3. ASHA C., D/O D. CHARLES, PATTAVILAI, NEAR BLOCK OFFICE, PACODE P.O. 4. DIVYA K., D/O G.KRISHNAKUTTY, KALLUVIL PUTHEN, K.P.9/601, PEROORKAD, THIRUVANANTHAPURAM. 5. GANGA G., D/O S.VIJAYAKUMARAN NAIR, VIJAYAMOHINI MILLS, QUARTER'S NO. C5, THIRUMALA, THIRUVANANTHAPURAM. 6. INDU T.M., D/O R.MADHU KUMAR, M.T.HOUSE, VILLUCHARI KOTTOOR P.O., THIRUVANANTHAPURAM. 7. LINCHU K.KARUN, D/O S.KARUNAKARAN, K.K.NIVAS, VENCODE, PANCHAMOODU P.O. 8. SHYNI KHALAM, D/O S.ABDUL KHALAM, SHAN MANZIL, THATTATHUMALA P.O., KILIMANOOR, THIRUVANANTHAPURAM. 9. SUBHA JEBBA MALAR R., D/O LATE P.RAIAMONI, MUTHALAR, KUNHCHU VEEDU VILAI, CHENKODY. 10. SONIA SUGATHAN L., D/O D.SUGATHAN, LATHIKA BHAVAN, VLATHANKARA, CHENKAL P.O. BY ADV.SRI.A.SAMEER SRI.K.B.HARSHAN RESPONDENTS: ------------- 1. RUCKMONI MEMORIAL CHARITABLE EDUCATIONAL HEALTH TRUST, BHOOMATHY BHAVAR, PONNAMBI, VELLARADA P.O., THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS CHAIRMAN, DR. C.A.MOHAN, S/O A.CHELLIAH NADAR. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 4. UNIVERSITY OF KERALA, REP. BY REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. R1 BY ADV. SRI.M.K.DAMODARAN (SR) SRI.M.K.CHANDRAMOHAN DAS SMT.K.K.RAZIYA R2 BY G.P. R3&4 BY ADV. SRI.M.RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, ALONG WITH WPC NO. 30477 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WPC 36579/2007) PETITIONER'S EXHIBITS: P1: TRUE COPY OF G.O. DT.31.1.2006. P2: TRUE COPY OF CERTIFICATE DT.5.9.2006. P3: TRUE COPY OF ORDER DT.20.12.2006. P4: TRUE COPY OF RECEIPT DT.30.11.2007(DEMAND DRAFT). TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) Nos.36579 & 30477 of 2007 .................................................................... Dated this the 10th day of July, 2008. JUDGMENT In these connected cases, one is filed by an educational institution for direction to the University to grant affiliation to it for running degree course in Nursing. The applicant obtained approval from the Indian Nursing Council and from the Kerala Nursing and Midwives Council during 2006- 2007. However, without getting affiliation, the applicant admitted a few students for the Nursing course and they are in this court in the connected W.P. for direction to permit them to register and appear for the examination. Senior Counsel appearing for the educational institution submitted that there are no ground to deny affiliation for 2006-2007 and 2007-2008 because the institution has recognition from Nursing Council both at the State level and National level. However, Standing Counsel appearing for the University referred to the inspection report prepared by a team of experts sent by the University for inspection and pointed out that the applicant did not have infrastructural or instructional facilities for granting affiliation. I have gone through the report of inspection prepared by the committee constituted by the University consisting of Director of Medical Education and two others. 2 I am of the view that the inadequacies pointed out by them justify denial of affiliation. However, applicant is stated to be a 300 bed hospital with speciality in all branches. If a 300 bed hospital offers treatment in all branches of medicine and if it has sufficient number of patients and staff, then certainly it has the facility to cater to the needs of a Nursing School. The next question to be considered is with regard to the availability of the teaching faculty for the Nursing studies. It is not known whether the applicant is maintaining the very same team of teaching staff presented before the Nursing Council even now waiting for affiliation from the University. In any case since recognition was granted for the earlier two years by the Nursing Council, it is for the University to consider affiliation based on the present situation i.e. availability of the facilities required for starting the Nursing School. Since admission for this academic year is not over, I dispose of W.P. 30477/2007 with direction to the Nursing Council both at the State level and National level to conduct inspection and grant recognition to the petitioner, if eligible, for the academic year 2008-2009. This should be done within a period of one month from date of filing of application along with copy of this judgment. The University should simultaneously constitute an expert committee for inspection of the hospital on a normal working day for appreciating the facilities available and if 3 facilities are there, both infrastructural and instructional, University should grant affiliation to the petitioner's college so that petitioner can admit students atleast in this academic year. 2. So far as the petitioners in W.P. 36579/2007 and other students admitted are concerned, if they are eligible for admission, they should be readmitted as and when the institution gets affiliation and approval for starting fresh Nursing course. In other words, they are not entitled to register or participate in the examination unless affiliation is granted by the University and petitioners complete the course thereafter. C.N.RAMACHANDRAN NAIR Judge pms