Kerala High Court
Csi College Of Nursing vs State Of Kerala on 28 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 28TH DAY OF DECEMBER 2021 / 7TH POUSHA, 1943
WP(C) NO. 29496 OF 2021
PETITIONER/S:
CSI COLLEGE OF NURSING
DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE AND HOSPITAL,
KARAKONAM P.O., THIRUVANANTHAPURAM DISTRICT-695504,
REPRESENTED BY ITS PRINCIPAL SUJA BABY Y.Y.,
D/O. P.YESUDASAN, AGED 46 YEARS, DEIGRATIA, OLIPPUSALA,
KODANGAVILA P.O., THIRUVANANTHAPURAM-695123.
BY ADVS.
S.SREEKUMAR (SR.)
ARUN.B.VARGHESE
AISWARYA V.S.
VARNA MANOJ
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA NURSES & MIDWIVES COUNCIL,
REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD,
THIRUVANANTHAPURAM-695035.
3 INDIAN NURSING COUNCIL,
REPRESENTED BY ITS SECRETARY, 8TH FLOOR,
NBCC CENTRE, PLOT NO.2, COMMUNITY CENTRE,
OKHLA PHASE-I, NEW DELHI-110020.
4 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE P.O., THRISSUR-680596.
5 L B S CENTRE FOR SCIENCE AND TECHNOLOGY,
REPRESENTED BY ITS DIRECTOR, EXTRA POLICE ROAD,
NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM-695033.
WP(C) NO. 29496 OF 2021 ..2..
SCIENCE AND TECHNOLOGY
OTHER PRESENT:
GP-SRI.PREMCHAND R.NAIR
R3 BY ADV.DR.ABRAHAM P.MEACHINKARA, SC, INC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29496 OF 2021 ..3..
JUDGMENT
The petitioner is a nursing college affiliated to
the 4th respondent University. By Ext.P1, the
petitioner applied for enhancement of seats for
the nursing course in the college from 50 to 100
seats for the academic year 2021-2022.
2. By Ext.P2, the Government enhanced the
seats from 50 to 100 subject to certain conditions
including approval of Kerala Nursing and Midwives
Council, Indian Nursing Council and Kerala
University of Health Sciences.
3. By Ext.P3, the Kerala Nursing and Midwives
Council accorded sanction for enhancement of
seats for the nursing course in the college to 85.
WP(C) NO. 29496 OF 2021 ..4..
4. By Ext.P4, the Indian Nursing Council
granted suitability to conduct the course with an
intake capacity of 85.
5. By Ext.P6, the Kerala University of Health
Sciences informed the petitioner that, the
application of the petitioner for enhancement of
seats cannot be considered favourably, since, for
enhancing the seats as applied for, the College
has to have a percentage of pass above 50%,
whereas the petitioner College is having
percentage of pass below 50%, which is against
the norms of the 4th respondent.
6. Aggrieved by Ext.P6, the petitioner
submitted Exts.P7 & P8 representations before the
4th respondent University pointing out that the
WP(C) NO. 29496 OF 2021 ..5..
percentage of pass in the college is above 50% as
on the date of submission of the application.
However, the 4th respondent rejected Exts.P7 and
P8 applications by Ext.P9 order holding that the
average pass percentage of the college is 43.75%,
which is below 50% as per the norms of University.
7.The petitioner has filed this writ petition
challenging Exts.P6 and P9 and for a direction to
enhance the seats of B.Sc. Nursing Course in the
college from 50 to 85.
8. The petitio5ner has produced Exts.P10 to
P13 mark lists to show that the percentage of pass
in the college is above 50% and the decision of the
4th respondent in Ext.P9 is factually incorrect. The
petitioner also relied on Ext.P14 order issued by
WP(C) NO. 29496 OF 2021 ..6..
the University where in it is provided that the
percentage of pass as on the date of consideration
of the application has to be looked into and the
percentage of pass in the college is above 50%.
Sri. P. Sreekumar, the learned counsel for the
University submits that Ext.P10 cannot be looked
into since that relates to the students who have
passed out of the College.
9. I have heard the learned Senior Counsel for
the petitioner, the learned Standing Counsel for
the University, the learned Standing Counsel for
the INC, the learned Government Pleader for the
respondents and the learned Standing Counsel for
the 5th respondent.
WP(C) NO. 29496 OF 2021 ..7..
10. The learned Standing Counsel for the 5th
respondent submits that, the last date for
admission to the Nursing course has been
extended up to 31.03.2022.
11. In the light of Exts.P11 to P 13 mark lists
produced by the petitioner in the writ petition, it
appears that the percentage of pass for the course
is above 50%. Exts.P6 and P9 are passed without
reference to Exts.P11 to P13 mark lists of the
petitioner college. Therefore, the said orders
require a revisit by the University. For the said
purpose, Exts.P6 and P9 orders are set aside. The
4th respondent University shall re-consider Ext.P1
application in the light of the percentage of pass
for the course in the college as on the relevant
WP(C) NO. 29496 OF 2021 ..8..
date and pass appropriate orders with regard to
enhancement of seats. This shall be done with
notice to the petitioner and within a period of
three weeks from the date of receipt of a copy of
this judgment.
12. I make it clear that, I have not considered
the merits of the issues raised in Ext.P1 as well in
the writ petition and the University is to pass
orders in accordance with law.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
spr
WP(C) NO. 29496 OF 2021 ..9..
APPENDIX OF WP(C) 29496/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF APPLICATION DATED 30.12.2020
SUBMITTED BY THE WRIT PETITIONER BEFORE THE
4TH RESPONDENT FOR ENHANCEMENT OF SEATS.
Exhibit P2 TRUE COPY OF GO (MS) NO.63/2021/H&FWD DATED
22.2.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF ORDER NO.G.11654/03/NC DATED
21.6.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE FILE NO.18-16/3660-INC
DATED 6.9.2021 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P5 TRUE COPY OF THE LETTER NO.MCHK/2838/NC/20
DATED 5.10.2021 SUBMITTED BY THE WRIT
PETITIONER.
Exhibit P6 TRUE COPY OF THE LETTER
NO.2020/28689/ACII/NSG/A1/KIHS DATED
18.7.2021 ISSUED BY THE 4TH RESPONDENT TO
THE WRIT PETITIONER.
Exhibit P7 TRUE COPY OF THE LETTER NO.MCHK/2838/NC
DATED 18.10.2021 SUBMITTED BY THE WRIT
PETITIONER TO THE 4TH RESPONDENT
UNIVERSITY.
Exhibit P8 TRUE COPY OF LETTER NO.MCHK/2838/NC DATED
20.10.2021 SUBMITTED BY THE WRIT PETITIONER
TO THE 4TH RESPONDENT UNIVERSITY.
Exhibit P9 TRUE COPY OF LETTER
NO.2020/28689/ACII/NSG/A1/KIHS DATED
7.11.2021 ISSUED BY THE 4TH RESPONDENT TO
THE WRIT PETITIONER.
Exhibit P10 TRUE COPY OF THE EXAMINATION RESULT OF
FOURTH YEAR REGULAR EXAMINATION OF THE 2015
ADMISSION.
WP(C) NO. 29496 OF 2021 ..10..
Exhibit P11 TRUE COPY OF THE EXAMINATION RESULT OF
FOURTH YEAR REGULAR EXAMINATION OF THE 2016
ADMISSION.
Exhibit P12 TRUE COPY OF THE EXAMINATION RESULT OF
SECOND YEAR REGULAR EXAMINATION OF THE 2017
ADMISSION.
Exhibit P13 TRUE COPY OF THE EXAMINATION RESULT OF
FIRST YEAR REGULAR EXAMINATION OF THE 2018
ADMISSION.
Exhibit P14 TRUE COPY OF ORDER NO.2022/AC.H/2015/KUHS
DATED 16.4.2015 ISSUED BY THE 4TH
RESPONDENT UNIVERSITY.
