IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 720 of 2009(I) --------------------------------- PETITIONER(S): ----------------------- 1. S.V.ABIDA, D/O.VISWAMBHARAN, MOTHER BLESS, PANAYADU, VELLARADA P.O., THIRUVANANTHAPURAM - 695 505. 2. ARATHY.R., D/O.RAJAMANI, PADATHALAVILA VEEDU, RC STREET, NEYYATTINKARA P.O., THIRUVANANTHAPURAM - 695 121. 3. ASHA C., D/O.CHARLES, PATTAVILAI (NEAR BLOCK OFFICE), PACODE P.O., K.K.DIST - 629 168. 4. DIVYA.K., D/O.G.KRISHNANKUTTY, KALLUVILPUTHEN, KP 9/601, PEROORKADA P.O., THIRUVANANTHAPURAM - 695 043. 5. GANGA.G., D/O.S.VIJAYAKUMARAN NAIR, VIJAYA MOHINI MILLS QUARTERS NO.C.5, THIRUMALA P.O., THIRUVANANTHAPURAM - 695006. 6. INDHU.T.M., D/O.R.MADHUKUMAR, M.T.HOUSE, VILLUCaHRI, KOTTOR, THIRUVANANTHAPURAM - 695 574. 7. SHYNIKALAM, D/O.ABDUL KALAM, SHAN MANZIL, THATTATHUIMALA P.O. KILIMANOOR, THIRUVANANTHAPURAM - 695 043. 8. SUBHA JABA MALAR, D/O.PAUL THANGAM, MUTHALAR, KUNCHUVEETU VILAI, CHENKODY P.O., K.K.DIST - 629 177. 9. ANUMOL.C.S., D/O.C.STEPHEN CLARA BHAVAN, VAZHUTHOOR, NEYYATTINKARA P.O., THIRUVANANTHAPURAM BY ADV. SRI.SUMAN CHAKRAVARTHY WP(C).No. 720 of 2009(I) -2- RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, DEPT OF HEALTH AND FAMILY AFFAIRS, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 2. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 3. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 4. RUCKMONI MEMORIAL CHARITABLE EDUCATIONAL HEALTH TRUST, BHOOMATHY BHAVAN, PONNABI, VELLARADA P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN, DR.C.A.MOHAN, S/O.A.CHELLIAH NADAR. BY GOVERNMENT PLEADER SMT.M.R. SREELATHA ADVOCATE MR.M.RAJAGOPALAN NAIR FOR R2,3 ADVOCATE MR.M.R.RAJESH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 720 of 2009(I) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - A TRUE COPY OF THE JUDGMENT DATED 10.7.2008 IN W.P(C) NO. 36579 OF 2007. EXT.P2 - A TRUE COPY OF THE ORDER GRANTING AFFILIATION DATED 15/12/2008. EXT.P3 - A TRUE COPY OF THE ADVERTISEMENT DATED 19/1/2008 ON MALAYALA MANORAMA DAILY. EXT.P4 - A TRUE COPY OF THE REPRESENTATION DATED 22.12.2008. // TRUE COPY // PA TO JUDGE rhs ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.720 of 2009 -------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT In the 4th respondent college, petitioners were admitted for the B.Sc Nursing course. Petitioners 1 to 8 were admitted in the academic year 2006-2007 and the 9th petitioner was admitted in the academic year 2007-2008. At that time, the college did not have affiliation from the University and finally by Exhibit P2 order, affiliation was granted with effect from 2008-2009. In Exhibit P1 judgment rendered by this Court, where petitioners 1 to 8 are also parties, this Court held that if students are eligible for admission, once college gets affiliation from the University, they should be readmitted and after completing course permit them to appear for the examination. Relying on Exhibit P1, petitioners now contend that by Exhibit P2, affiliation has been obtained by the College, and therefore they should be readmitted. 2. Counsel for the University submits that if there are vacancies and if the petitioners are eligible, it is open to the management to grant admission. He also clarifies that their W.P.(C) No.720/ 2009 2 appearance in the University examination will be subject to other regulations of the University. 3. Counsel for the 4th respondent submits that there are vacancies, to which petitioners can be accommodated. However, he also apprehends any such action would be in violation of the certain clauses in Exhibit P2. 4. Now that the University has made its stand clear that subject to the availability of seats and eligibility of the petitioner, they can be readmitted for the course. I do not think that any of the clauses in Exhibit P2 will stand in the way of the management granting admission to the petitioners, so long as vacant seats are also available. Therefore, the writ petition is disposed of with a direction to the 4th respondent to grant readmission to the petitioners in the B.Sc Nursing course. This shall be done expeditiously as possible, at any rate, within two weeks from today. ANTONY DOMINIC, JUDGE scm