IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 32054 of 2009(B) --------------------------------------- PETITIONER(S): ---------------------- K.VELAYUDHAN MEMORIAL TRUST, POST BOX - 13, CHERTHALA, REPRESENTED BY ITS DIRECTOR DR.V.V. PYARELAL. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------ STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No.32054 of 2009 - B ---------------------------------------- Dated 10th November, 2009 Judgment Heard Sri.George Poonthottam, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. By Ext.P1 letter dated 25.5.2009, the Indian Nursing Council granted permission to the petitioner to start the M.Sc. degree course in Nursing in five different disciplines, subject to the college obtaining approval from the Kerala Nurses and Midwives Council and the University of Kerala. By Ext.P2 order dated 26.9.2009, the Kerala Nurses and Midwives Council accorded sanction to start the M.Sc. degree course in Nursing only in two disciplines. Shortly thereafter, the State Government issued Ext.P3 letter of permission to start the M.Sc. degree course in Nursing in five different disciplines. Aggrieved by Ext.P2, the petitioner has filed Ext.P4 appeal before the State Government under section 27 of the Nurses W.P.(C) No.32054/2009 2 and Midwives Act, 1953. In this writ petition, the petitioner seeks expeditious disposal of Ext.P4 appeal. 3. The petitioner had earlier filed W.P.(C) No.18199 of 2009 in this Court in the matter of affiliation for the M.Sc. degree course in Nursing. In Ext.P5 order passed in the said case, this Court had noticed that it will be open to the petitioner to move the Government if they are aggrieved by Ext.P2 order under section 27 of the Nurses land Midwives Act, 1953. However, this Court did not direct that even in the event of petitioner filing an appeal, it should be expeditiously disposed of. In view of the fact that the dispute relates to admission to the M.Sc. degree course in Nursing and the Kerala Nurses and Midwives Council has already granted approval for the said course in two disciplines, I am of the opinion that the State Government should consider Ext.P4 appeal and pass orders thereon expeditiously. I accordingly dispose of this writ petition with a direction to the respondent to consider Ext.P4 appeal and pass orders thereon after notice to and affording the petitioner a reasonable opportunity of being heard, expeditiously and in W.P.(C) No.32054/2009 3 any event, within one month from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Health and Family Welfare Department. P.N.RAVINDRAN Judge vaa