The Principal, Sree Narayana ... vs Lbs Centre For Science And ...
2022 Latest Caselaw 12219 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA,
                            1944
                   WP(C) NO. 42201 OF 2022
PETITIONER:

           THE PRINCIPAL, SREE NARAYANA COLLEGE OF NURSING
           CHALAKA, N.KUTHIATHODE P.O, NORTH PARAVUR ROAD,
           ERNAKULAM DISTRICT - 683594
           BY ADVS.
           P.M.SANEER
           TONY GEORGE KANNANTHANAM


RESPONDENTS:

    1      LBS CENTRE FOR SCIENCE AND TECHNOLOGY
           REPRESENTED BY ITS DIRECTOR, NANDAVANAM,
           PALAYAM, THIRUVANANTHAPURAM - 695 033.
    2      INDIAN NURSING COUNCIL,
           REPRESENTED BY ITS SECRETARY, NBCC CENTRE, PLOT
           NO.2, COMMUNITY CENTRE, OKHALA PHASE I, NEW
           DELHI - 110 020.
    3      KERALA UNIVERSITY OF HEALTH SCIENCES,
           REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE.
           P.O. TRICHUR - 680 596
    4      STATE OF KERALA,
           REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH
           & FAMILY WELFARE DEPARTMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
           BY ADV DR.ABRAHAM P.MEACHINKARA,SC, INDIAN
           NURSING COUNCIL


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P (C) No. 42201 of 2022

                                   2




                 DEVAN RAMACHANDRAN, J.
           -------------------------------------------
                  W.P (C) No. 42201 of 2022
             ----------------------------------------------
            Dated this the 22nd day of December, 2022

                              JUDGMENT

Since it is conceded by Sri.Kurian George

Kannanthanam - learned Senior Counsel and learned counsel

for the parties that the disputes in this case are covered by

Ext.P10 judgment, I dispose of this matter with the consent of

both sides with the afore directions:

(a) The competent Authority of the Government will

immediately intimate the 1st respondent - LBS Centre For

Science And Technology, including the petitioner in the

Centralised Allotment Process for the Academic Year 2022-23;

and this shall be done within three days form the date of

receipt of a copy of this judgment. I am fixing this date short

because the last date for allotment is stated to be expired on

28.12.2022.

(b) On the 1st respondent obtaining the afore

requisition from the competent Authority of the State, they

will immediately include the petitioner in the list and allow W.P (C) No. 42201 of 2022

them to make admissions for the Academic Year 2022-23

without any impediment; however, subject to all other

requirements being satisfied.

(c) I record that the petitioner states they have

already applied to the 'Indian Nursing Council' (INC) under

Section 13(1) of the Indian Nursing Council Act, 1947 for

inspection; and that further action will be taken by them, as

per law in due course. This is affirmed by Dr.Abraham P.

Meachinkara - learned Standing Counsel for INC also.

(d) I finally clarify, with the consent of Dr.Abraham P.

Meachinkara, that direction (c) above is not a pre-condition

for the other directions.

Sd/-DEVAN RAMACHANDRAN, JUDGE lsn W.P (C) No. 42201 of 2022

APPENDIX OF WP(C) 42201/2022

PETITIONER EXHIBITS Exhibit P1 COPY OF THE ORDER G.O.(MS)NO.157/2022/ H&FWD DATED 23-07-2022 OF THE GOVERNMENT.

Exhibit P2 COPY OF THE ORDER NO.G54948/2022/NC DATED 14-09-2022 OF THE KERALA NURSES & MIDWIVES COUNCIL.

Exhibit P3 COPY OF THE AFFILIATION ORDER NO.UO NO.28830/A3/NSG/ACII/KUHS/2020 DATED 20-10-2022 ISSUED BY THE 3RD RESPONDENT Exhibit P4 COPY OF THE FIRST INSPECTION APPLICATION FORM NILL DATED SUBMITTED BY THE PETITIONER Exhibit P5 COPY OF THE LETTER F.NO.18-

15/UTY/2020INC/8674 DATED 5-10-2020 OF INDIAN NURSING COUNCIL.

Exhibit P6 COPY OF THE PUBLIC NOTIFICATION DATED 9-12-2020 OF INDIAN NURSING COUNCIL. Exhibit P7 COPY OF THE NOTIFICATION DATED 12-3-

2021 ISSUED BY THE INDIAN NURSING COUNCIL.

Exhibit P8 COPY OF THE NOTIFICATION DATED 21-10-

2022 ISSUED BY THE INDIAN NURSING COUNCIL.

Exhibit P9 COPY OF THE NOTIFICATION DATED 8-12-

2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P10 A TRUE COPY OF THE JUDGMENT IN WPC.

NO.40178/2022 DATED 14/12/2022 OF THIS HON'BLE COURT Exhibit P11 A TRUE COPY OF THE COMMUNICATION NO.SNCON/009/2022 DATED 21/12/2022 SUBMITTED BY THE PETITIONER.

RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE LSN