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Chitra College Of Nursing vs The Kerala University Of Health ...
2021 Latest Caselaw 1447 Ker

Citation : 2021 Latest Caselaw 1447 Ker
Judgement Date : 14 January, 2021

Kerala High Court
Chitra College Of Nursing vs The Kerala University Of Health ... on 14 January, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                      W.P.(C) No.21970 OF 2020(U)


PETITIONER:

               CHITRA COLLEGE OF NURSING,
               MC ROAD, PANDALAM P.O., PATHANAMTHITTA-689 501
               REPRESENTED BY THE PRINCIPAL PROF. JAMES CHACKO,
               AGED 43 YEARS, S/O. N.J.CHACKO,
               MAROOR HOUSE,
               MANDAPAM, CHITTARIKKAL, KASARGOD-671 326.

               BY ADVS.
               SRI.A.BALAGOPALAN
               SRI.A.RAJAGOPALAN
               SRI.M.N.MANMADAN
               SRI.M.S.IMTHIYAZ AHAMMED
               SMT.P.SEENA
               SRI.ASHER REVI JOB
               SHRI.RALITZINE MENDEZ
               SMT.GOURI BALAGOPAL

RESPONDENTS:

      1        THE KERALA UNIVERSITY OF HEALTH SCIENCES,
               MULANGUNNATHUKAVU,
               MEDICAL COLLEGE P.O., THRISSUR-680 596
               REPRESENTED BY ITS REGISTRAR.

      2        STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      R1       BY SRI.P.SREEKUMAR, STANDING COUNSEL,
               KERALA UNIVERSITY OF HEALTH SCIENCES

      R2       SRI.K.R.RANJITH, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.21970 OF 2020(U)

                                 -2-


                              JUDGMENT

The petitioner, which is a Self Financing Nursing College

conducting B.Sc. Nursing Course with the affiliation granted by the

1st respondent Kerala University of Health Sciences, has filed this

writ petition under Article 226 of the Constitution of India, seeking

a writ of certiorari to quash Ext.P12 order dated 27.08.2020 issued

by the University, whereby the request made by the petitioner for

annual intake of 40 students for B.Sc. Nursing Course, for the

academic year 2020-21, as against the present annual intake of 30

students. The petitioner has also sought for a writ of mandamus

commanding the 1st respondent to issue order of affiliation in

favour of the petitioner College with an intake of 40 students for

B.Sc Nursing course, as sanctioned and permitted by the Indian

Nursing Council and the Kerala Nurses and Midwives Council for

the academic year 2020-21.

2. On 15.10.2020, when this writ petition came up for

admission, the learned Standing Counsel for the 1 st respondent

University sought time to get instructions.

3. A statement has been filed on behalf of the 1 st

respondent University, opposing the reliefs sought for in this writ W.P.(C) No.21970 OF 2020(U)

petition, wherein it is pointed out that by Ext.P12 order, the

request made by the petitioner for annual intake of 40 students for

B.Sc. Nursing Course, for the academic year 2020-21 was rejected

since intake recommended by the Scrutiny Committee was only 18

seats for the academic year 2020-21.

4. Today, when this case is taken up for consideration, the

learned counsel for the petitioner seeks permission to withdraw

this writ petition.

Recording the aforesaid submission made by the learned

counsel for the petitioner, this writ petition is dismissed as

withdrawn.

Sd/-

ANIL K. NARENDRAN JUDGE bpr

 
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