IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH OCTOBER 2011 / ]9TH ASWINA 1933 WP(C).No. 25577 of 2011(V) -------------------------- PETITIONER(S): ---------------------- THE MANAGING DIRECTOR,MERCY COLLEGE OF NURSING,VALAKOM ,KOTTARAKARA 691 532. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.MATHEW K. SIMON RESPONDENT(S): ------------------------ 1. THE KERALA UNIVERSITY OF HEALTH SCIENCES,REP.BY ITS REGISTRAR,TRICHUR 680 596. 2. THE VICE CHANCELLOR, THE KERALA UNIVERSITY OF HEALTH SCIENCES,TRICHUR 680 596. SRI.P.SREEKUMAR, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25577/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 27/4/2011 ISSUED BY THE INDIAN NURSING COUNCIL. EXHIBIT P2 TRUE COPY OF LETTER DATED 29/6/2011 ISSUED BY THE IST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 28/6/2011 ISSUED BY THE REGISTRAR ,KERALA NURSES & MIDWIVES COUNCIL. EXHIBIT P4 TRUE COPY OF THE CONSENT OF AFFILIATION BY THE IST RESPONDENT DATED 7/7/2011. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 7/9/2011 ISSUED FROM THE IST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 25577 OF 2011 ===================== Dated this the 11th day of October, 2011 J U D G M E N T Petitioner challenges Ext.P5. 2. Petitioner is the Managing Director of an unaided Nursing College. Exts.P1 and P3 are the proceedings of the Indian Nursing Council and the Kerala Nursing and Midwives Council permitting the petitioner to commence M.Sc Nursing Programmes in three disciplines viz., Medical Surgical Nursing, Obstetrics and Gynecological Nursing and Community Health Nursing. It is the case of the petitioner that these orders were issued after necessary inspection of the infrastructure provided by the petitioner and that although the University had issued Exts.P2 and P4 orders consenting to grant affiliation, affiliation was rejected by Ext.P5 order based on an inspection conducted by itself. It is in these circumstances, the writ petition is filed. 3. While the learned Senior Counsel for the petitioner submits that the Nursing Council's Inspection team were satisfied with the infrastructure provided by he petitioner, learned standing counsel for the University submits that the inspection reports are WPC No. 25577/11 :2 : to the effect that the infrastructure are insufficient to grant affiliation as sought for. 4. In my view, this contradiction in the reports obtained by the respective authorities can be reconciled, if a fresh inspection is conducted by the University, and on that basis, the request of the petitioner for affiliation of the aforesaid courses is reconsidered. 5. Therefore, in order to enable the University to undertake the said exercise, I quash Ext.P5 and direct that the University shall conduct inspection and complete the process as expeditiously as possible, at any rate within 2 weeks. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp