IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 16546 of 2011(P) -------------------------- PETITIONER(S): --------------- VIJAYA COLLEGE OF NURSING GURUGI CAMPUS, NEELESWARAM P.O., KOTTARAKKARA, KOLLAM DISTRICT, REP.BY THE CHAIRMAN, DR.V.S.RAJEEV BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES, MEDICAL COLLEGE P.O.,THRISSUR-680596 REP.BY THE REGISTRAR 2. KERALA NURSES & MIDWIVES COUNCIL RED CROSS ROAD, THIRUVANANTHAPURAM REPRESENTED BY THE REGISTRAR - 35 ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R2 SRI.P.SREEKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16546 of 2011(P) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE ORDER DTD.25.5.2009 EXT.P2: COPY OF THE ORDER DTD.6.11.2009 EXT.P3: COPY OF THE ORDER DTD.24.10.2009 EXT.P4: COPY OF THE ORDER DTD.12.1.2010 EXT.P5: COPY OF THE ORDER DTD.15.9.2010 EXT.P6: COPY OF THE APPROVAL ORDER DTD.29.12.2010 EXT.P7: COPY OF THE COMMUNICATION DTD.7.4.2011 EXT.P8: COPY OF THE REPORT SUBMITTED TO THE REGISTRAR THROUGH LETTER DTD.25.4.2011 EXT.P9: COPY OF THE ORDER DTD.18.5.2011 EXT.P10: COPY OF THE ORDER NO.G2558/11/NC DTD.17.5.2011 EXT.P11: COPY OF THE ORDER NO.G.6021/10/NC DTD.17.5.2011 EXT.P12: COPY OF THE DETAILS OF PHYSICAL FACILITIES WHICH WERE AVAILABLE ON THE DATE OF INSPECTION. EXT.P13: COPY OF THE DETAILS OF THE PHYSICAL FACILITIES AVAILABLE ON THE DATE OF INSPECTION FOR THE POST BASIC B.SC NURSING INCLUDING THE DETAILS OF THE QUALIFICATION AND EXPERIENCE OF TEACHERS. EXT.P14: COPY OF THE BILLS DTD.15.3.2011 EXT.P15: COPY OF THE BILL DTD.24.1.2011 EXT.P16: COOPY OF THE BILL DTD.14.2.2011 EXT.P17: COPY OF THE GUIDELINES FOR STARTING THE NURSING COURSES AND THE GUIDELINES ISSUED BY THE STATE NURSING COUNCIL. EXT.P18: COPY OF THE DETAILS OF THE VEHICLES USED BY THE COLLEGE ALONG WITH REGISTRATION DETAILS OF THE VEHICLES. EXT.P19: PHOTOGRAPH OF THE VEHICLE. EXT.P20: PHOTOGRAPH OF THE SHED EXT.P21: PHOTOGRAPH SHOWING THE COLLEGE CAMPUS. WP(C).No. 16546 of 2011(P) EXT.P22: COPY OF THE LIST CONTAINING THE BOOKS ON VARIOUS SUBJECTS EXT.P23: COPY OF THE LIST OF LIBRARY BOOKS WITH THE BILLS EXT.P24: COPY OF THE LIST OF JOURNALS SUBSCRIBED BY THE COLLEGE. EXT.P25: COPY OF THE LIST OF A.V AIDS EXT.P26: COPY OF THE BILLS DTD.20.3.2011 AND 19.7.2011 EXT.P27: COPY OF THE BILL EVIDENCING THE PURCHASE OF COMPUTER AND OTHER EQUIPMENTS EXT.P28: COPY OF THE LIST OF AFFILIATED HOSPITALS. EXT.P29: COPY OF THE PHOTOGRAPH SHOWING THE PODIUM IN THE CLASS ROOM EXT.P30: COPY OF THE NORMS PUBLISHED BY THE NURSING COUNCIL. RESPONDENT'S EXHIBITS: EXT.R1A : COPY OF THE INSPECTION REPORT DTD.29.3.2011 FOR B.SC NURSING COURSE EXT.R1B : COPY OF THE INSPECTION REPORT DTD. 29.3.2011 FOR POST BASIC B.SC NURSING COURSE EXT.R1C: COPY OF THE INSPECTION REPORT DTD.29.3.2011 FOR M.SC NURSING COURSE EXT.R1D: COPY OF THE NORMS FIXED BY THE INDIAN NURSING COUNCIL FOR B.SC NURSING COURSE EXT.R1E: COPY OF THE NORMS FIXED BY THE INDIAN NURSING COUNCIL FOR POST BASIC B.SC NURSING COURSE EXT.R1F: COPY OF THE NORMS FIXED BY THE INDIAN NURSING COUNCIL FOR M.SC NURSING COURSE //TRUE COPY// P.A TO JUDGE ab ANTONY DOMINIC, J --------------------------------------- W.P(C) No.16546 of 2011 ---------------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T Challenge in this writ petition is against Ext.P7, an order passed by the 1st respondent, rejecting the applications made by the petitioner seeking affiliation for enhancing the intake in B.Sc Nursing from 60 to 70, to start Post Basic B.Sc Nursing Course with an intake of 30 sets and to start M.Sc Nursing Programmes in three more specialties. 2. Ext.P7 order has been passed by the University based on Exts.R1(a), R1(b) and R1(c) inspection reports, which according to the University indicated that the infrastructure provided by the petitioner are inadequate for granting affiliation as sought for by the petitioner. However, Exts.P9, P10 and P11 are the proceedings of the State Nursing Council, the 2nd respondent, which according to the petitioner shows that the conclusions of the inspection team are factually erroneous. 3. It is in the aforesaid background, the writ petition is filed challenging Ext.P7 and seeking consequential directions to the University to grant affiliation as sought for by the petitioner. W.P(C) No.16546 of 2011 2 4. I heard the learned counsel for the petitioner and the learned standing counsel appearing for the 1st respondent. On a perusal of Exts.P9, P10 and P11 proceedings of the 2nd respondent, I feel that this is a matter which requires reconsideration, in view of the prima facie inconsistency in the views taken by the inspection team and the 2nd respondent. 5. Therefore, I direct that the 1st respondent shall get the infrastructure offered by the petitioner inspected once again, preferably by another inspection team and on that basis, reconsider the applications made by the petitioner for affiliation. In order to enable the 1st respondent to do so I quash Ext.P7. 6. This exercise shall be completed by the 1st respondent as expeditiously as possible, at any rate within four weeks from the date of production of a copy of this judgment. The Writ Petition is disposed of. ANTONY DOMINIC JUDGE ab