IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 23273 of 2010(H) ---------------------------------------- PETITIONER(S): ----------------------- WELCARE MEDICAL AND EDUCATIONAL TRUST S.A.ROAD, VYTTILA P.O., KOCHI - 682019, REPRESNTED BY AUTHORISED SIGNATORY. BY ADV. SRI.K.JAJU BABU SRI.M.U.VIJAYALAKSHMI SRI. BRIJESH MOHAN SRI.DHANYA CHANDRAN SRI.T.S.SHYAMPRASANTH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM-695001. 2. KERALA NURSES AND MIDWIVES COUNCIL, TRIVANDRUM - 695035 REPRESENTED BY REGISTRAR. 3. KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCE, THRISSUR - 630560, REPRESENTED BY REGISTARAR. 4. MAHATMA GANDHI UNVERSITY, PRIYADARSINI HILLS, KOTTAYAM - 686560, REPRESENTED BY REGISTRAR. 5. INDIAN NURSING COUNCIL, COMBINED COUNCILS BUILDING, KOTLA ROAD, TEMPLE LANE, NEW DELHI-110002, REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER SRI.SANDESH RAJA R2 BY SRI.N.RAGHURAJ R3 BY ADV. SRI.T.R.RAVI, SRI.P.SUKUMAR R4 BY ADV. SRI.T.A.SHAJI R5 BY ADV. SRI.NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2010 , THE COURT ON THE SAME DELIVERED THE FOLLOWING: W.P.(C) NO.23273/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT ON 2.12.09. P2:- COPY OF THE APPLICATION FROM IN THE PRESCRIBED FORMAT WITH RECEIPT SHOWING REMITTANCE OF FEE DTD. 16.1.2010. P3:- COPY OF THE RELEVANT EXTRACT OF REGULATIONS FRAMED UNDER SEC. 16(1) OF THE INDIAN NURSING COUNCIL ACT. P4:- COPY OF THE NOTICE DTD. 19.1.2010 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION TO THE PETITIONER. P5:- COPY OF THE OBJECITON CERTIFICATE ISSUED BY THE STATE GOVERNMENT ON 25.2.2010. P6:- COPY OF THE REMINDER SENT BY THE PETITIONER BEFORE THE 5TH RESPONDENT ON 4.6.2010. P7:- COPY OF THE COMMUNICATION DTD. 28.6.2010 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER . P8:- COPY OF THE WRITTEN REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P9:- COPY OF THE COVERING LETTER DTD. 16.8.2010 ALONG WITH FILED UP APPLCIATION WITH DEMAND DRAFT SUBMTITED BY THE PETITIONER. P10:- COPY OF THE ORDER NO.G.6304/2010/NC DTD. 15.9.2010 ISSUED BY THE 2ND RESPONDENT. P11:- COPY OF THE REPLY LETTER NO.474/AC.NUR/2010/KUHAS DTD. 8.7.2010 ISSUED BY THE 3RD RESPONDENT. P12:- COPY OF THE APPLICATION SUBMTITED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD. 11.8.2010. P13:- COPY OF THE ORDER DTD. 16.8.2010 IN WPC. 24489/2010 OF THIS HONOURABLE COURT. P14:- COPY OF THE NOTIFICATION NO.3367/AC/NUR/2010/KUHAS DTD. 7.10.2010 ISSUED BY REGISTARAR , KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES. TRUE COPY PS. TO JDUGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 23273 of 2010-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2010. JUDGMENT The petitioner herein seeks for a direction to the University to grant affiliation for conducting the course in B.Sc. Nursing. The petitioner has already been granted NOC by the State Government as per Ext.P5. The proceedings of the Nursing Council of Kerala has been produced as Ext.P10, whereby they are allowed to have an intake of 40 students. 2. The application submitted by the petitioner for affiliation before the 4th respondent University was forwarded to the third respondent University. Pointing out that the same is not in the format prescribed, Ext.P11 reply was given by the third respondent. Thereafter, the petitioner submitted Ext.P12 application in the format prescribed pursuant to the interim order passed by this Court and the required fee has also been remitted. 3. Learned counsel for the petitioner submitted that in the light of the directions issued by a Division Bench of this Court in W.A. No.1715/2010 and connected cases, the petitioner is also entitled for a similar treatment. 4. The Division Bench considered similar questions concerning wpc 23273/2010 2 affiliation by the 3rd respondent-University and ultimately the following directions have been issued in para 5 of the judgment: “We therefore allow writ appeals 1716 and 1717 of 2010 directing the University to entertain applications already filed and consider the same for affiliation for the new courses. Here again since these colleges are already affiliated nursing colleges, we direct the University not to decline affiliation on technicalities but to grant affiliation with direction to colleges to make up for deficiencies in infrastructural or instructional facilities if found lacking. Since the time is up for current academic year and since prima facie eligibility is established through approvals obtained both from Central and State Nursing Councils, appellants are permitted to admit students on provisional basis without waiting for final affiliation by University which will certainly take a few months time.” 5. Since the point raised by the petitioner herein is also covered by the directions issued by the Division Bench in the above judgment, Ext.P7 is quashed. Therefore, there will be a direction to the respondent University to consider Ext.P12 application for grant of affiliation. In the meanwhile, the petitioner will be allowed to admit students on a provisional basis without waiting for final affiliation by the University. It is made clear wpc 23273/2010 3 that all the directions contained in the judgment of the Division Bench will govern this case also. The writ petition is allowed as above. No costs (T.R. Ramachandran Nair, Judge.) kav/