Citation : 2021 Latest Caselaw 1447 Ker
Judgement Date : 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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