IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 34590 of 2006(P) ------------------------------------ PETITIONER(S): ------------------------ MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE (P) LTD., PATHANAMTHITTA, REP. BY ITS DIRECTOR, GEORGE ALEXANDER. BY MR.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE BY ADV. MR.TONY GEORGE KANNANTHANAM RESPONDENT(S): ------------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH & FAMILY WELFARE (C) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, TRIVANDRUM. 3. M.G.UNIVERSITY, REPRESENTED BY REGISTRAR PRIYADARSINI HILLS P.O., KOTTAYAM. 4. THE VICE CHANCELLOR, M.G.UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM. R1 BY GOVT. PLEADER SMT.M.R.SREELATHA R3 & R4 BY ADVS. MR. T.A. SHAJI, SC, M.G.UNIVERSITY MR.V.A.MOHAMMED-SC -B/O THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34590/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 31.1.2006 OF THE HEALTH & FAMILY WELFARE (C) DEPARTMENT. P2:- COPY OF THE CERTIFICATE DTD. 5.7.06 ISSUED BY 3RD RESPONDENT. P3:- COPY OF THE LETTER DTD. 30.8.06 OF THE SECRETARY OF INDIAN NURSING COUNCIL. P4:- COPY OF THE LETTER PERMISSION DTD. 25.9.06 OF DO. DO. P5:- COPY OF THE CERTIFICATE DTD. 25.9.06 OF DO. DO. P6:- COPY OF THE JUDGMENT DTD. 31.10.06 IN WPC. 16586/06 OF THIS HONOURABLE COURT. P7:- COPY OF THE ORDER DTD. 20.12.06 OF THE REGISTRAR OF KERALA NURSES & MIDWIVES COUNCIL. P8:- COPY OF THE JUDGMENT DTD. 14.11.06 IN WPC. NO.29274/06 OF THIS HONOURABLE COURT. P9:- COPY OF THE JUDGMENT DTD. 22.11.06 IN WPC. NO.26413/06 OF DO. DO. P10:- COPY OF THE ORDER DTD. 18.1.07 OF ACADEMIC A1 SECTION MAHATMA GANDHI UNIVERSITY. P11:- COPY OF THE LETTER DTD. 20.4.07 TO THE PETITIONER. R3(a):- COPY OF THE LETTER NO.AC.A1/1/733/07 DTD. 15.2.07 SUBMITTED BY THE UNIVERSITY. R3(b):- COPY OF THE LETTER NO.AC.A1/1/733/07 DTD. 24.10.07 SUBMITTED BY THE UNIVERSITY. TRUE COPY P.A. TO JUDGE tss A copy of this writ petition shall be served on the Standing Counsel for Respondents 3 and 4. When the matter came up for consideration on 29.12.2006, the Standing Counsel prayed for time for getting instruction. Accordingly, the matter came up for consideration today. Urgent Notice to other respondents. Petitioner is an educational agency which proposes to start a self-financing nursing college under the M.G. University. They seek a direction to the Commissioner for Entrance Examination to allot students in government quota and in case students are not alloted, to permit the petitioner to fill up the seats. Petitioner seeks a further direction to the University to grant affiliation to the college. It is the contention of the petitioner that in similar situation, this Court has already directed the University to consider the application for affiliation. Petitioner relies on the judgment in W.P.(C)26413/2006, which is produced as Ext.P9 in the case. I find from ext.P9 judgment that in a similar case this Court directed the M.G. University /Vice Chancellor to verify the documents and examine whether the norms under the University Regulations are satisfied for the Syndicate to grant affiliation dehors the opinion, if any, given by the Government in the matter. The said judgment is stated to have become final. In the circumstances, the following order is passed: The Vice Chancellor/M.G. University shall verify the documents and examine whether the norms under the University Regulations are satisfied for the Syndicate to grant affiliation without being obsessed by the views expressed by the Government in this regard. If the Vice Chancellor is satisfied, he will refer the file to the Syndicate for a decision; but pending decision by the Syndicate, he will permit the petitioner to commence the course this year itself. If students are not available in the merit list, petitioner has to take students based on their eligibility. The second respondent - Commissioner of Entrance Examinations shall allot candidates from the merit list within a period of ten days from the date of production of eligibility certificate to commence the course from the Vice Chancellor. P.R.R. (J) 2.1.2007.