IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 15705 of 2008(T) -------------------------- PETITIONER: ------------ PRIYADARSHINI MEDICAL AND EDUCATIONAL CHARITABLE TRUST, KUNNUMMAL, MANIKOTH P.O., KANHANGAD, KASARAGOD DISTRICT. (REGISTRATION NO. S.397/2003 UNDER THE SOCIETIES REGISTRATION ACT- (ACT XXI OF 1869) REPRESENTED BY ITS CHAIRMAN, P.PRABHAKARAN, S/O. LATE NARAYANAN, PAYYANNUR. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: ------------- 1. INDIAN NURSING COUNCIL, COMBINED COUNCILS BUILDING, KOTLA ROAD, TEMPLE LANE, NEW DELHI 110 002, REPRESENTED BY ITS SECRETARY. 2. KERALA NURSES AND MIDWIVES COUNCIL, REPRESENTED BY ITS REGISTRAR, RED CORSS ROAD, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,THIRUVANANTHAPURAM BY ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R.2 SRI.NOUSHAD THOTTATHIL,SC,INDIAN NURSING FOR R1 GP. SRI.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 15705 OF 2008 = = = = = = = = = = = = = Dated this the 23rd day of June, 2008. J U D G M E N T The petitioner started a Nursing College. The same was sanctioned at a time when the Rules did not prescribe that the college should be run in own buildings. Now the Rules have been changed and it has been made mandatory that college should be conducted in own buildings of the petitioner. Petitioner submits that in so far as, at the time when petitioner started the college, there was no such condition, such condition cannot be imposed on the petitioner. Petitioner therefore challenges Ext.P8 direction issued by the Nursing Council to the petitioner in this matter. 2. The learned standing counsel for the Nursing Council has filed a statement as per which the Rule has been made uniformly to all Nursing Colleges to the effect that all nursing colleges should have own buildings. In respect of the colleges which had come into existence prior to the introduction of a new Rule, time has been granted for acquiring own buildings. The standing counsel has also produced Ext.R1(4) direction to all Nursing Institutions and Colleges which reads thus: W.P.(C).No. 15705 OF 2008 2 “With reference to the press release dated 8th June, 2007 and even number letter dated 23 November, 2005. It is hereby informed, that the institution which does not have its own building, should have its own building before 31st March, 2009. The trustee or the Managing Director should give undertaking, stating that the institution will have its own building before 31st March, 2009. The affidavit should be submitted to Indian Nursing Council within one month along with the Blue-Print of the building. Indian Nursing Council will be constrained to withdraw affiliation if the institution has lease or rented building. It is, therefore, necessary to submit the above affidavit wherein the institution does not have its own building within one month from the date of issue of this letter. Failing which it will be assumed that you have nothing to say and then action deemed fit under INC Act, 1947 will be initiated to withdraw the affiliation.” 3. When a new rule has been made uniformly applicable to all Nursing Colleges, I do not think that the petitioner can now validly challenge the new rule. In any event, the petitioner has been given ample time for acquiring own buildings. 4. Therefore I do not find it necessary to issue further directions to the respondents in the matter apart from recording the above statements in Ext.R1(4). However it would be open to the petitioner to approach the nursing council for extension of time and the Nursing Council may consider such request on its merits. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE bkn/-