IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 28668 of 2007(K) ---------------------------------- PETITIONERS: ----------------- 1. BINCY JOSE, AGED 27 YEARS, D/O T.V.JOSE, 2ND YEAR POST BASIC B.SC NURSING, SIDHI SADAN LOURDES COLLEGE OF NURSING, THRIKKAKARA P.O., KOCHI. 2. SHIJI ANNIE CHACKO, AGED 26 YEARS, 2ND YEAR POST BASIC B.SC NURSING, SIDHI SADAN LOURDES COLLEGE OF NURSING, THRIKKAKARA P.O., KOCHI. 3. MONCY A.PHILIP, AGED 24 YEARS, 2ND YEAR POST BASIC B.SC NURSING, SIDHI SADAN LOURDES COLLEGE OF NURSING, THRIKKAKARA P.O., KOCHI. 4. SR.REENA JACOB, AGED 33 YEARS, 2ND YEAR POST BASIC B.SC NURSING, SIDHI SADAN LOURDES COLLEGE OF NURSING, THRIKKAKARA P.O., KOCHI. 5. SR.ANNIE.S., AGED 30 YEARS, 2ND YEAR POST BASIC B.SC NURSING, SIDHI SADAN LOURDES COLLEGE OF NURSING, THRIKKAKARA P.O., KOCHI. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: ------------------- 1. MAHATHMA GANDHI UNIVERSITY, UNIVERSITY CAMPUS, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. WP(C).No. 28668/07 ...2... 2. KERALA NURSES AND MIDWIVES COUNCIL, RED CROSS ROAD, TRIVANDRUM, REPRESENTED BY ITS REGISTRAR. 3. SIDHI SADAN LOURDES COLLEGE OF NURSING, THRIKKAKARA P.O., KOCHI. REPRESENTED BY ITS PRINCIPAL. BY ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R2 SRI.BECHU KURIAN THOMAS FOR R3 SRI. T.A. SHAJI, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28668/07 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the RELEVANT EXTRACT OF THE PROSPECTUS 2006-2007 ISSUED BY THE 3RD RESPONDENT. EXT. P2 : COPY OF THE RELEVANT EXTRACT OF THE REVISED SYLLABUS ISSUED BY 1ST RESPONDENT. EXT. P3 : COPY OF THE CALL LETTER ISSUED TO THE FIRST PETITIONER DATED 28.8.06. EXT. P4 : COPY OF the CERTIFICATE OF REGISTRATION OF THE FIRST PETITIONER ISSUED BY TAMIL NADU NURSING AND MIDWIFERY COUNCIL. EXT. P4(a) : COPY OF the CERTIFICATE OF REGISTRATION FOR MIDWIFE ISSUED BY TAMIL NADU NURSING AND MIDWIFERY COUNCIL. EXT. P5 : COPY OF THE APPLICATION SUBMITTED FOR REGISTRATION WITH KERALA NURSING AND MIDWIVES COUNCIL. EXT. P6 : COPY OF THE RECEIPT SHOWING PAYMENT OF THE REGISTRATION FEE BY THE PETITIONER. EXT. P7 : COPY OF the CERTIFICATE ISSUED BY 2ND RESPONDENT. EXT. P8 : COPY OF the LETTER DATED 23.9.06 ISSUED BY THE 3RD RESPONDENT. EXT. P9 : COPY OF THE RECEIPT ISSUED TO THE FIRST PETITIONER. EXT. P10 : COPY OF THE CERTIFICATE OF REGISTRATION FOR GENERAL NURSING ISSUED BY 2ND RESPONDENT. EXT. P10(a): COPY OF THE CERTIFICATE OF REGISTRATION FOR MIDWIFERY ISSUED BY 2ND RESPONDENT. EXT. P11 : COPY OF the LETTER DATED 1.3.07 BY 1ST RESPONDENT. EXT. P12 : COPY OF THE REPRESENTATION DATED 19.03.2007. WP(C).No. 28668/07 EXT. P13 : COPY OF the LETTER DATED 28.5.07 BY 2ND RESPONDENT. EXT. P14 : COPY OF the COMMUNICATION RECEIVED BY THE SECOND PETITIONER FROM TAMIL NADU NURSES AND MIDWIFERY COUNCIL DATED 13.12.07. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.28668 OF 2007 ---------------------------------------- Dated this the 13th day of June, 2008 JUDGMENT The petitioners are candidates, who have been admitted to Post Basic B.Sc Nursing Degree Course. They studied outside Kerala for the qualifying examination and obtained registration under the Nurses and Midwives Council from the State from which they passed the examination. According to the petitioners, such registration is equivalent to registration with Kerala Nurses and Midwives Council and to the registration of the Indian Nursing Council. The petitioners applied for obtaining registration in September 2006 from the Kerala Nurses and Midwives Council also. But now, by Ext.P11, the University has informed them that their admissions are not regular in so far as at the time of admission, they did not have the registration with the Kerala Council, which they state is a condition prescribed for becoming eligible for admission to the Degree Course. The petitioners therefore seek the following reliefs: W.P.(c)No.28668/08 2 “i) to issue a writ of certiorari or any other writ order or direction quashing Exhibit P11. ii) to issue a writ of mandamus or any other writ order or direction directing the first respondent to take a decision on Exhibit P12 within a time frame and permitting petitioners to appear the examination in the meanwhile. iii) to declare that the petitioners are entitled to pursue their study in post Basic B.sc Nursing Degree Courses under the first respondent University and that their admission is valid since they obtained KNC registration on the strength of application made in September 2006 and the registration being deemed to have been granted from the date of application.” 2. The learned counsel for the 1st respondent submits that since the registration with the Kerala State Council is an eligibility condition prescribed and the petitioners did not possess that eligibility condition at the time of admission, their admission is irregular and therefore, they cannot continue the studies. However, from Ext.P13, issued by the 2nd respondent I find that they have written to the University stating that as a special case, the petitioners admission to Post Basic B.Sc Degree Course may be considered as regular since the delay in processing their applications for registration was that of the Council. W.P.(c)No.28668/08 3 3. After hearing all parties, I feel that as recommended by the 2nd respondent in Ext.P13, the case of the petitioners can be considered as a special case warranting appropriate orders in that regard. At least, the petitioners have obtained registration from the Nursing Council of the State from where they passed the basic qualifying examination for admission. The question as to whether that is equivalent to the registration with the Kerala Council itself is admittedly pending consideration of the University. Further they had applied for registration with the Kerala Council sufficiently early and as admitted by the 2nd respondent, the delay in granting registration was purely the fault of the 2nd respondent. In such circumstances, I am of opinion that the admission of the petitioners can be treated as regular and they can be allowed to continue studies, as if they had possessed all qualifications necessary for the admission at least as a special case. Ordered accordingly. Naturally, as a result, the results of any examination written by the petitioners shall be published forthwith. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.28668/08 4