IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 32139 of 2009(J) -------------------------- PETITIONER: --------------- CHITRA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTER, CHITRA COLLEGE OF NURSING, M.C.ROAD,PANDALAM P.O.,PATHANAMTHITTA DISTRICT, REP.BY ITS MANAGING TRUSTEE DR.I.JAYACHANDRAN, S/O.LAKSHMANA NAIKAR,AGED 58 YEARS,CHITRA MULTI SPECIALTY HOSPITAL,ADOOR,PATHANAMTHITTA. BY ADV. SRI.AJITH MURALI RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY,DEAPRTMENT OF HEALTH AND FAMILY WELFARE AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. INDIAN NURSING COUNCIL, COMBINED COUNCIL BUILDING, KOTLA ROAD, TEMPLE LANE, NEW DELHI-110 002, REPRESENTED BY ITS SECRETARY. 4. KERALA NURSES AND MIDWIVES COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM-35, REPRESENTED BY ITS REGISTRAR. BY GOVERNMENT PLEADER SHRI HANIL KUMAR FOR R1 ADV.SHRI M.RAJAGOPALAN NAIR SC) FOR R2 SHRI NOUSHAD THOTTATHIL (SC) FOR R3 SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.32139/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE CIRCULAR NO.F.NO.1-5/GB-CIR/2007-INC DATED 29.9.08 ISSUED BY THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE NOC GRANTED BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE APPLICATION DATED 14.4.09 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE INTERIM ORDR OF THIS COURT DATED 15.4.09 IN W.P.(C) No. 11470/09. EXT.P5: TRUE COPY OF THE JUDGMENT OF THIS COURT DATED 4.6.09 IN W.P.(C) No.11470/09. EXT.P6: TRUE COPY OF THE ORDER DATED 23.7.09 OF THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF THE ORDER OF THIS COURT DATED 3.8.09 IN C.C.C.NO.806/09. EXT.P8: TRUE COPY OF THE NOC ISSUED BY THE 2ND RESPONDENT. EXT.P9: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 29.8.08. EXT.P10: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25.9.08.. EXT.P11: TRUE COPY OF THE RECOMMENDATION LETTER ISSUED BY THE 4TH RESPONDENT DATED 9.1.09. EXT.P12: TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 9.12.08. EXT.P13: TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 9.1.09. EXT.P14: TRUE COPY OF THE LETER SENT TO THE 3RD RESPONDENT BY THE PETITIONER DATED16.4.09. EXT.P15: TRUE COPY OF THE SETTLEMENT DEED DATED 1.4.09. EXT.P16: TRUE COPY OF THE COVERING LETTER AND TRUE COPIES OF TAX RECEIPT, POSSESSION CERTIFICATE AND ENCUMBRANCE CERTIFICATE DATED 18.7.09. EXT.P17: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE INC DATED 31.3.2010. TRUE COPY T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.32139 OF 2009 ----------------------------------------------------- DATED THIS THE 10th DAY OF MARCH, 2010 J U D G M E N T The Writ Petition is filed by the petitioner challenging Exhibit P6 communication made by the University of Kerala rejecting the application for NOC submitted by the petitioner. The learned counsel for the petitioner submitted that actually the petitioner wanted only an NOC for submitting the same before the University in the light of the NOC granted by the Government as per Exhibit P2. But his application has been considered as an application for affiliation by the University which is evident from a reading of Exhibit P6. 2. Heard the learned Standing Counsel for the University. 3. The petitioner is conducting a Nursing School (GNM) named Chithra Nursing College which is attached to the Chithra Multi Specialty Hospital at Pandalam in Pathanamthitta District. 4. By Exhibit P1 circular, the 3rd respondent invited applications from various institutions desirous of starting College of Nursing. Accordingly, the petitioner submitted an application. W.P.(C)No.32139/2009 -2- One of the requirements is to produce the NOC from the concerned University and the Government. Going by Exhibit P2, the Government has included the petitioner's institution for grant of NOC. 5. Since there was delay in the matter from the part of the University, the petitioner had moved this Court by filing W.P. (C)No.11470/09, which was disposed of by Exhibit P5 judgment directing the University to take a decision. In the meanwhile Exhibit P3 application was submitted within the time prescribed. 6. A reading of Exhibit P6 shows the following facts: 7. The Standing Committee of the Syndicate of Affiliation of Colleges and Courses of Studies considered and recommended to approve the report of the Commission and also recommended that the application need not be considered as the documents submitted by the educational agency does not satisfy the statutory requirements for affiliation of colleges prescribed by the University and as the arrangements made by the educational agency for the establishment of the College was not found satisfactory by the University Inspection Commission. W.P.(C)No.32139/2009 -3- 8. This recommendation was approved by the Syndicate. The learned counsel for the petitioner submitted that it is too premature to consider the grant of affiliation, as the same need be considered only after a decision is taken by the Indian Nursing Council based on the application submitted by the petitioner. Affiliation is required before starting the course, which is evident from Exhibit P2 order of the Government. What is required is only a grant of NOC by the University and therefore Exhibit P6 cannot be supported. I find force in the above submission made by the learned counsel for the petitioner. In that view of the matter, as the 3rd respondent has to consider the application, it was unnecessary to treat the application for grant of NOC as one seeking for affiliation. 9. Therefore Exhibit P6 is quashed. There will be a direction to the University to issue NOC to the petitioner for production before the 3rd respondent, as the Government has already granted sanction as per Exhibit P2. After the application is considered favourably by the 3rd respondent, then alone the further process with regard to the affiliation could be taken by W.P.(C)No.32139/2009 -4- the University for which the petitioner may have to file a fresh application. The needful shall be done by the University for issuing NOC within a period of three weeks. 10. In the light of the pendency of the Writ Petition, the petitioner has forwarded a fresh application before the Indian Nursing Council as per Exhibit P17 without the NOC issued by the University. The said application will be kept pending by the 3rd respondent without rejection for enabling the petitioner to produce the NOC from the University. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn