IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WA.No. 1529 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24933/2011 Dated 13/10/2011 .................... APPELLANT(S): PETITIONER ------------------------ MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, COLLEGE ROAD, KOZHENCHERY-689641, REPRESENTED BY THE PARTNER DR.GEORGE KURIEN MUTHOOT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): RESPONDENT ------------------------- KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE.P.O., THRISSUR-680596. BY SRI.P.SREEKUMAR, SC FOR THE RESPONDENT THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... W.A. No.1529 of 2011 .................................................................... Dated this the 25th day of October, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. This Writ Appeal is filed against the judgment of the learned Single Judge declining to interfere with the order issued by the respondent with regard to the affiliation of Post Graduate Courses in Nursing granted to the appellant. The appellant obtained approval from the Indian Nursing Council for starting PG Courses in Nursing in the subjects Medical Surgical Nursing, Mental Health Nursing and Child Health Nursing with 4 seats each, but the State Nursing Council granted approval only for two PG Nursing Courses i.e. in Medical Surgical Nursing and Mental Health Nursing. Based on the conditions of approval granted by the Nursing Councils, the respondent University got inspection conducted by experts, and the inspection report is produced as Ext.R1(A). It is seen from Ext.R1(A) that the Expert committee (3 in number) on inspection declined to recommend affiliation for the PG W.A.No.1529/2011 2 course in Mental Health Nursing. Detailed reasons stated in the inspection report show that the appellant does not have facility for inpatient treatment in Psychiatry, which is the subject for which affiliation is pressed for. Before us learned counsel for the appellant submitted that inspection was carried out on 22/03/2011 and even thereafter the appellant can acquire the facilities entitling them for affiliation. We do not think there can be any controversy on this subject and the learned Standing Counsel for the University also does not deny appellant's entitlement to arrange facilities and again to submit application based on which fresh inspection will be conducted. The appellant has a case that unless inspection is conducted immediately, the appellant will not be able to start PG Course in Nursing in the subject Mental Health Nursing for the academic year 2011-12. 2. After hearing both sides, we dispose of the Writ Appeal by modifying the judgment of the learned Single Judge as follows:- As on the date of inspection based on Ext.R1(A) inspection W.A.No.1529/2011 3 report, the appellant is not entitled for affiliation of the Post Graduate Course in Mental Health Nursing. It is for the appellant to arrange inpatient treatment in Psychiatry, provide infrastructure and clinical facilities, admit patients besides other facilities for students required for the educational institution, and approach the University with application containing all the details. As and when application is filed with evidence of appointment of clinical staff and details of inpatients admitted in the hospital, there will be direction to the University to arrange for inspection without any delay and if the appellant is found eligible on inspection, to grant affiliation for the said course also without any delay. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) (P.S.GOPINATHAN, JUDGE) jg