Kerala High Court
Sabine Educational Trust vs State Of Kerala on 4 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:58013
WP(C) NO. 27793 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(C) NO. 27793 OF 2025
PETITIONER:
SABINE EDUCATIONAL TRUST
PEZHAKKAPPILLY.P.O., MUVATTUPUZHA, KERALA
REPRESENTED BY ITS EXECUTIVE DIRECTOR/TRUST
MEMBER, PIN - 686673
BY ADVS.
SHRI.M.SASINDRAN
SHRI.JOGGY MATHUNNI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPLE SECRETARY, HEALTH AND
FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE
(P.O), THRISSUR ., PIN - 680596
3 THE REGISTRAR
THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE (P.O), THRISSUR, PIN - 680596
4 THE KERALA NURSES AND MIDWIVES COUNCIL,
REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD,
JAI VIHAR, KUNNUKUZHI, THIRUVANANTHAPURAM, PIN
- 695035
2025:KER:58013
WP(C) NO. 27793 OF 2025
2
5 THE INDIAN NURSING COUNCIL
REPRESENTED BY ITS SECRETARY, 8TH FLOOR NBCC
CENTER, PLOT NO.2 COMMUNITY CENTER, OKKALA
PHASE 1, NEW DELHI, PIN - 110020
BY ADVS.
SMT.AMMINIKUTTY, SR GOVERNMENT PLEADER
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.)
SRI.VIVEK MENON, SC
DR.ABRAHAM P.MEACHINKARE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:58013
WP(C) NO. 27793 OF 2025
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N. NAGARESH, J.
----------------------
W.P.(C) No.27793 of 2025
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Dated this the 4th day of August, 2025
JUDGMENT
Petitioner is an Educational Trust. The petitioner Trust was established in the year 2010. Thereafter, the petitioner decided to start a Nursing College. An application dated 17.03.2024 was submitted by the petitioner to the 1st respondent-State of Kerala. The 1st respondent-State of Kerala granted No Objection Certificate to the petitioner on 16.10.2024.
2. The petitioner submits that immediately thereafter on 18.10.2024 itself, the petitioner submitted application for affiliation before the 4th respondent-Nursing Council. The 4th respondent-Nursing Council granted affiliation on 17.06.2025. To start the College, the petitioner 2025:KER:58013 WP(C) NO. 27793 OF 2025 4 had to make application to the University.
3. The last date for submission of application to the University was 30.10.2024. The date was subsequently extended upto 31.01.2025, contends the petitioner. In view of the delay in receipt of affiliation from the 4 th respondent-
Nursing Council, the petitioner could make an application only on 29.07.2025 as per Ext.P14. The University is not processing the application for affiliation. The University has started the allotment process already. The refusal of the University to process the application for affiliation is unjustifiable, contended the counsel for the petitioner.
4. Standing Counsel representing the University pointed out that the declared last date for submission of application for affiliation was 30.10.2024. The said last date was extended upto 31.01.2025. All applications submitted till that date were considered and processed. The petitioner failed to make an application before 31.01.2025.
2025:KER:58013 WP(C) NO. 27793 OF 2025 5
5. Standing Counsel pointed out that pursuant to the direction of the Government, the portal was opened on 29.07.2025 to facilitate the submission of application of another College in a different circumstance. The petitioner managed to upload an application on 29.07.2025 when the portal was open. In fact, such uploading of application is unauthorised.
6. The petitioner failed to make application within the extended time. The petitioner therefore cannot seek processing of the application. The writ petition is liable to be dismissed, submitted the Standing Counsel.
7. The counsel for the petitioner pointed out that even the Rajiv Gandhi University of Health Science, Karnataka has given time upto 04.07.2025 for submitting application for affiliation of Nursing Courses. In similar circumstances, this Court has passed orders as can be seen from Exts.P10 and P11 directing to consider the applications submitted by institutions in similar circumstances, considering 2025:KER:58013 WP(C) NO. 27793 OF 2025 6 the requirement of Nursing Graduates in the State. Therefore, the respondents are compellable to process the application for affiliation of the petitioner.
8. I have heard the learned counsel for the petitioner and the respective learned Standing Counsel representing respondents 2 to 5. I have also heard the learned Government Pleader representing the 1st respondent.
9. In this case, the petitioner submitted application for No Objection Certificate from the Government and the Government issued No Objection Certificate on 16.10.2024.
An application was thereafter made by the petitioner to the Nursing Council on 18.10.2024. The Nursing Council gave affiliation to the petitioner on 17.06.2025. However, by the time the last date for submission of application for affiliation to the University was over by that time.
10. According to the University, applications ought to have been submitted on or before 30.10.2024. This time was extended by the University upto 31.01.2025. The petitioner 2025:KER:58013 WP(C) NO. 27793 OF 2025 7 failed to submit the application before the said date.
11. The University opened the portal for a day on 29.07.2025. The portal was opened for a different purpose.
The petitioner managed to submit an application on that date.
Such uploading of application cannot be considered as legal uploading of application. The allotment process has already been started and according to the Standing Counsel for the University, the first round of allotment process is already over.
In the afore circumstances, the prayer of the petitioner for grant of University affiliation is unsustainable.
The writ petition fails and it is accordingly dismissed.
Sd/-
N. NAGARESH JUDGE Mn 2025:KER:58013 WP(C) NO. 27793 OF 2025 8 APPENDIX OF WP(C) 27793/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE G.O.(MS)NO.287/2024/H& FWD DATED 16.10.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE APPOINTMENT ORDER DATED 13.05.2024 APPOINTING PROF. BETSY SAM AS THE PRINCIPAL OF LILAC COLLEGE OF NURSING Exhibit P2(a) A TRUE COPY OF THE APPOINTMENT ORDER DATED 16.10.2024 APPOINTING MR. JOSE JOHN AS THE PROFESSOR OF LILAC COLLEGE OF NURSING Exhibit P2(b) A TRUE COPY OF THE APPOINTMENT ORDER DATED 16.10.2024 APPOINTING MR.
CERIN.M.D AS THE ASSOCIATE PROFESSOR OF LAILAC COLLEGE OF NURSING Exhibit P2(c) A TRUE COPY OF THE APPOINTMENT ORDER DATED 16.10.2024 APPOINTING MR. RAHUL.R. IN THE POST OF LECTURER OF LILAC COLLEGE OF NURSING Exhibit P2(d) A TRUE COPY OF THE APPOINTMENT ORDER DATED 16.10.2024 APPOINTING MRS. NEETHU KRISHNA IN THE POST OF LECTURER OF LILAC COLLEGE OF NURSING Exhibit P2(e) A TRUE COPY OF THE APPOINTMENT ORDER DATED 15.10.2024 APPOINTING MRS. GOPIKA BOSE IN THE POST OF ASSISTANT LECTURER OF LILAC COLLEGE OF NURSING Exhibit P2(f) A TRUE COPY OF THE APPOINTMENT ORDER DATED 16.10.2024 APPOINTING MRS.
GREESHMA A.G. IN THE POST OF ASSISTANT LECTURER OF LILAC COLLEGE OF NURSING Exhibit P3 A A TRUE COPY OF THE IMAGES OF THE INFRASTRUCTURAL FACILITIES OF THE PROPOSED LILAC COLLEGE OF NURSING Exhibit P4 A TRUE COPY OF THE COVERING LETTER OF THE APPLICATION FOR SANCTION OF THE 4TH RESPONDENT, FOR THE NURSING COLLEGE Exhibit P4(a) A TRUE COPY OF THE CHALLAN RECEIPT DATED 18.10.2024 PROCESSED IN THE NAME OF THE 4TH RESPONDENT FOR AN AMOUNT OF 2025:KER:58013 WP(C) NO. 27793 OF 2025 9 RS.50,000/-
Exhibit P4(b) A TRUE COPY OF THE CHALLAN RECEIPT DATED 18.10.2024 PROCESSED IN THE NAME OF THE 4TH RESPONDENT FOR AN AMOUNT OF RS.2,50,000/-
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 10.06.2025 IN W.P.(C)NO.38344 OF 2024 Exhibit P6 . A TRUE COPY OF THE ORDER NO.G2.91425/24/NC DATED 17.06.2025 ISSUED BY THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF THE SCREEN SHORT FROM THE WEBSITE OF THE UNIVERSITY, REGARDING THE DETAILS OF NOTIFICATION ISSUED DURING RELEVANT TIME Exhibit P8 A TRUE COPY OF THE APPLICATION PUBLISHED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA IN THE TIMES OF INDIA DAILY DATED 18-06-2025 Exhibit P9 A TRUE COPY OF THE B.SC ADMISSION PROSPECTUS FOR THE YEAR 2022 -2023 OF AL-AZHAR COLLEGE OF NURSING, THODUPUZHA Exhibit P10 A TRUE COPY OF THE INTERIM ORDER DATED 25.09.2024 IN W.P.(C).NO.32104/2024 Exhibit P11 A TRUE COPY OF THE INTERIM ORDER DATED 27.09.2024 IN W.P.(C).NO.33927/2024 Exhibit P12 A TRUE COPY OF THE JUDGMENT OF THE MADRAS HIGH COURT IN IMMANUEL ARASAR INTERNATIONAL INSTITUTE OF SCIENCE AND TECHNOLOGY EDUCATIONAL AND CHARITABLE TRUST V. STATE OF TAMIL NADU REPORTED IN [2024 KHC 2181] Exhibit P13 A TRUE COPY OF THE ONLINE APPLICATION DATED 29.07.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P13(a) A TRUE COPY OF THE E-CHALLAN RECEIPT ISSUED BY THE 2ND RESPONDENT Exhibit P14 A TRUE COPY OF THE COMMUNICATION NO.LCON/ADMN/2025/19 DATED 30.07.2025 ISSUED BY THE PRINCIPAL, LILAC COLLEGE OF NURSING TO THE 2ND RESPONDENT