IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28305 of 2011(K) ------------------------------------ PETITIONER(S): ---------------------- THE ASSOCIATION OF MANAGEMENTS OF SELF FINANCING NURSING COLLEGES OF KERALA, (REPRESENTED BY THE SECRETARY), LISIE HOSPITAL CAMPUS, COCHIN-682018. BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM SRI.JIJI THOMAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPLE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-685001. 2. THE INDIAN NURSING COUNCIL, COMBINED COUNCIL BUILDING, KOTLA ROAD, TEMPLE LANE, NEW DELHI-110 002 (REPRESENTED BY ITS REGISTRAR). GOVT.PLEADER SRI.MUHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.28305/2011 APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE ADVERTISEMENT DATED 17-09-2011 PUBLISHED IN THE MALAYALA MANORAMA DAILY PAPER. P2 : COPY OF THE ADVERTISEMENT DATED 24-09-2011 PUBLISHED IN THE MALAYALA MANORAMA DAILY PAPER. P3 : COPY OF THE ADVERTISMENT DATED 28-09-2011 PUBLISHED IN THE MALAYALA MANORAMA DAILY PAPER. P4 : COPY OF THE RELEVANT PAGE OF THE NORMS PUBLISHED BY THE INC, IN THEIR WEBSITE. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE AV ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 28305 OF 2011 ----------------------------------------------------- Dated this the 28th day of October, 2011 J U D G M E N T Petitioner is an association of Private Self Financing Nursing Colleges in Kerala. These Colleges are conducting Nursing courses. Petitioner submits that they had published advertisement for filling up of seats and that after admitting the selected candidates who were qualified in the entrance test conducted by the Director of Medical Education, some of the seats are still lying vacant. 2. In this writ petition what is sought for by the petitioner is a direction to the respondent to permit the member Colleges of the petitioner to effect admissions to the vacant seats in the Colleges for M.Sc. Nursing for the academic year 2011-2012 from the candidates who are academically eligible as per their qualifying examinations. 3. Ext.P4 is the guideline published by the Indian Nursing Council governing admissions to nursing courses, W.P.(C) No. 28305 OF 2011 :2 : including M.Sc. Nursing. According to the petitioner, its member Colleges completed admission process in terms of Ext.P4 and filled up most of the seats. Even thereafter some of the seats are lying vacant and the direction sought for is to fill up the seats which are lying vacant even as on today. 4. I am of the view that if the seats are not filled up nobody is going to be benefited. Therefore I am inclined to think that the members of the petitioner should be permitted to fill up the seats by admitting students who are academically eligible. Ext.P4 require that selection of candidates should be based on merit as assessed in a entrance test held by University or competent authority viz. Director of Medical Education. But that regulation cannot stand in the way of the petitioner or its members, in a situation of this nature, the petitioner wants to fill up the vacant seats that are available after filling up the seats by admitting candidates who satisfied the aforesaid criterion W.P.(C) No. 28305 OF 2011 :3 : laid down in Ext.P4. The question of assessment of relative merit arises in a case where, there are more candidates than the seats available. Here, the merit was assessed and rank list was made, but the number of chosen candidates is less than the seats available. In such a case when vacant seats are sought to be utilized, there is no relevance for assessment of relative merit or a ranked list. 5. In such circumstances, I direct that the respondent shall permit the member colleges of the petitioner to fill up the vacancies in their Colleges for M.Sc. Nursing Course for the academic year 2011-2012 from among candidates who are academically eligible as per the qualifying examinations. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge