IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 W.P(C).No. 8504 of 2008(K) -------------------------------- PETITIONERS: --------------- 1. M. MUKUND, MURALIKA, NORTH FORT NEYYATTINKARA. 2. SREEJITH S.NAIR, T.C.6/1297 KONATHUKULANKARA PUTHEN VEEDU VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.A.AHAMMED SRI.THOUFEEK AHAMED RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., HIGHER EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDING, PALAYAM THIRUVANANTHAPURAM. BY ADV. SRI. M. RAJAGOPALAN NAIR, SC GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 8504 OF 2008 - K = = = = = = = = = = = = = = Dated this the 18th March, 2008 J U D G M E N T Petitioners are Nursing students who had commenced their course in the Mary Matha College of Nursing in Thiruvananthapuram District. It is stated that subsequent to their joining the course in the college, the affiliation was withdrawn as a result of which the petitioners had to discontinue their course. It is stated that while withdrawing the affiliation the University had undertaken to accommodate the students in other colleges and accordingly the petitioners had submitted Exts. P7 and P7(a) applications. In the applications given by them they had indicated the Medical College, Thiruvananthapuram coming under the respondent University as the college of their choice. Since they have not been accommodated in any one of the colleges, this writ petition has been filed praying for directing the respondents to admit the petitioners either in the Medical College, Thiruvananthapuram or Upasana College of W.P.(C)No.8504/2008 - 2 - Nursing, Kollam or in any other colleges under the Kerala University having vacancies in B.Sc. Nursing course. 2. Standing counsel appearing for the University submits that the number of seats in a nursing college is decided by the Nursing Council and that the University has no role to play in the matter. It is stated that depending upon the availability seats out of 29 candidates, 7 have already been accommodated and 11 has been asked to produce their certificates. It is also stated that subject to availability of seats, the University shall arrange for the accommodation of the students. University also submits that if those students who cannot be accommodated in the colleges coming under the University are able to point out the availability of seats in any college, the University is willing to issue NOC to them in order to enable those students to join such of those colleges and continue their studies. 3. I have considered the submissions made by both sides. 4. As stated by the Standing Counsel for the University, if it is the Nursing Council which decides on the number of seats available in a Nursing College, the University cannot alter the same. W.P.(C)No.8504/2008 - 3 - Therefore, the University can accommodate the students only in the vacant seats available in the existing colleges. This as undertaken by the University shall be done as expeditiously as possible so that the students will not loose their chance to complete the course. In the process of such allotment, the University shall certainly take into account Exts. P7 and P7(a) applications made by the petitioners, wherein they have indicated their choice of college as well. If going by the norms adopted by the University and in view of the limitted seats available it is not possible for the University to accommodate all the 29 students, in so far as those students who have not accommodated, the University will give then NOC if they indicate to the University, the availability of seats in outside colleges. With these directions, this writ petition is disposed of. ANTONY DOMINIC JUDGE jan/-