IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 31ST JANUARY 2007 / 11TH MAGHA 1928 WP(C).No. 1327 of 2007(G) ----------------------------------- PETITIONER: --------------------- L.WILSON, CHAIRMAN, MARY MATHA EDUCATION SOCIETY, OLATHANNI, NEYYATTINKARA, TRIVANDRUM DISTRICT. BY ADV. SRI.S.GOPAKUMARAN NAIR RESPONDENTS: ---------------------- 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OFFICE, PALAYAM, TRIVANDRUM. 2. INDIAN NURSING COUNCIL, KOLLA ROAD TEMPLE LANE, NEW DELHI REP.BY ITS SECRETARY. 3. THE KERALA NURSES AND MIDWIVES COUNCIL, REP. BY ITS REGISTRAR, RED CROSS ROAD, TRIVANDRUM. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT. DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT.SECRETARIAT, TRIVANDRUM. BY ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC for R3 SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. for R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No. 1327 OF 2007-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 31st day of January, 2007. JUDGMENT The petitioner applied for an affiliation from the University of Kerala for the establishment of a Nursing College. That application was filed well in time, going by Statute 6 in Chapter 24 of the Kerala University First Statutes, 1977. The request for affiliation was from the year 2006-2007. The application of the petitioner was not rejected or declined in terms of Statute 7. Nor were they called upon to provide any further information, as could be called for, in terms of Statute 7 in Chapter 24. 2. However, in January, 2006, the Registrar of the University issued Ext.P6 to the petitioner stating that the University will have no objection to affiliate the proposed Nursing College of the petitioner during the year 2006-2007, WP(C)1327/2007 -: 2 :- subject to the grant of recognition/approval by the Indian Nursing Council, Kerala Nurses' and Midwives' Council and the State Government. The petitioner obtained the recognition/approval from the Indian Nursing Council and the State Government. The Kerala Nurses' and Midwives' Council did not grant approval/recognition, though they inspected the premises of the petitioner on 22-7-2006. That request was rejected on the basis of the inspection. This Court interfered with the decision of the Kerala Nurses' and Midwives' Council and directed recognition to be granted. The matter went up to the Division Bench resulting in a modification of the decision thereby directing the Kerala Nurses' and Midwives' Council to grant provisional recognition/approval. 3. Therefore, if one were to go by Ext.P6, as of now, the petitioner has all the necessary certificates, including the provisional approval by the Kerala Nurses' and Midwives' Council in terms of the direction of this Court. This Court had also, in those proceedings, directed the Controller of Examinations to allot 20 students to the College of the petitioner. Further directions were also issued regarding the WP(C)1327/2007 -: 3 :- State Government's approval. The intention of this Court is writ large in that judgment that the institution will have a full- fledged affiliated course with the academic year 2006-07 and all that remained was the seal of approval by way of recognition from the University of Kerala. 4. It is true that the University officials had not conducted any local enquiry in terms of Statute 8 in Chapter 24 of the First Statutes and they had left the application without any final decision. It is now stated by the learned counsel for the University that the application for affiliation was, ultimately, rejected in December, 2006 on the ground that appropriate materials have not been placed. 5. Going by the Statutes contained in Chapter 24 of the Kerala University First Statutes, 1977, if an application is not rejected under Statute 7 on account of it being premature, or on account of non-furnishing of the materials that are called for, the University is duty bound to have a local enquiry conducted through competent people and it is on the basis of such enquiry that the grant of affiliation will come in the WP(C)1327/2007 -: 4 :- backdrop of Statute 9 in Chapter 24. This has just not happened in this case and the reported rejection of the application of the petitioner is essentially on the ground that necessary certifications by the other authorities have not been placed. 6. In the situation in which the petitioner is placed, immediate advertence is also to be made to Statute 19(3), relied on by the learned standing counsel for the University, which creates an embargo on an institution to admit students to courses in anticipation of affiliation. Having regard to the nature in which Ext.P6 has been issued by the Registrar of the University, who is the principal administrative officer of the University, it would be wholly inappropriate to treat Statute 19 (3) as a rule on which the entire request for affiliation will fall. 7. In the situation, that is obtained as of now, that is, 20 students undergoing instructions in the College of the petitioner and all the relevant institutions, including the Indian Nursing Council, a statutory body having granted the recognition and the State Government having granted WP(C)1327/2007 -: 5 :- approval, justice in this situation requires that the University grants provisional affiliation to the petitioner and carry out its exercises commencing from Statute 8 in Chapter 24 immediately thereafter, if possible, during the currency of this academic year so that the question of affiliation could be regularised next year. This means that following this judgment, the University shall forthwith grant provisional affiliation, following the earlier judgments, though the University was not a party to that and this Court had issued directions to the University specifically taking care of an area of the education which requires the superintendence at times, at least. In the result, this writ petition is disposed of directing that the first respondent will take up the application of the petitioner for recognition/approval for the year 2006-07 and act on the certificates of approval/recognition issued by respondents 2 and 3, the latter of which is provisional and also the recognition/approval given by the fourth respondent and forthwith grant provisional affiliation to the petitioner. This shall be immediately followed by appropriate action in the WP(C)1327/2007 -: 6 :- form of local enquiry in terms of Statute 8 in Chapter 24 of the First Statutes. In doing so, the competent authority in the University will also bestow due attention to the reports already available with the Indian Nursing Council and Kerala Nurses' and Midwives' Council. All the aforesaid will be subject to the result of W.A.No.2230/2006 to which stands Ext.P7 of the Kerala Nurses' and Midwives' Council. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/-