Pims College Of Nursing vs State Of Kerala
2022 Latest Caselaw 12439 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                      WP(C) NO. 39664 OF 2022
PETITIONER:

          PIMS COLLEGE OF NURSING,MALAMPUZHA VILLAGE, MALAMPUZHA
          TEHSIL,PALAKKAD-PIN - 678624
          REPRESENTED BY ITS PRINCIPAL.

          BY ADVS.
          S.VINOD BHAT
          ANAGHA LAKSHMY RAMAN
          GREESHMA CHANDRIKA.R


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
           OF HEALTH AND FAMILY WELFARE, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001

    2     KERALA UNIVERSITY OF HEALTH SCIENCES,
          THRISSUR -680596 REPRESENTED BY ITS REGISTRAR.

    3     KERALA STATE NURSES AND MIDWIVES COUNCIL
          RED CROSS ROAD, JAI VIHAR,
          KUNNUKUZHY, THIRUVANANTHAPURAM-PIN - 695035
          REPRESENTED BY ITS REGISTRAR.

    4     INDIAN NURSING COUNCIL
          8TH FLOOR, NBCC CENTRE, PLOT NO.2,
          OKHLA PHASE-I, NEW DELHI-PIN - 110020
          REPRESENTED BY ITS SECRETARY.

          BY ADV N.RAGHURAJ

          SRI JOSHY THANNICKKAMATTAM-GP;

          SRI P SREEKUMAR-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39664 OF 2022
                                       2

                                 JUDGMENT

The petitioner alleges that even though

they have made a request for continuing

their provisional affiliation for 50 seats

for B.Sc. Nursing Course from the Kerala

University of Health Sciences (KUHS) - as is

evident from Ext.P11, the said University

has issued Ext.P1 granting only 40 seats.

They thus pray that Ext.P1, to the extent

impugned, be set aside; and the KUHS be

directed to grant them provisional

affiliation for 10 more seats for the

academic year 2022-23.

2. The afore submissions of Sri.Vinod

Bhat - learned counsel for the petitioner,

were answered by Sri.P.Sreekumar - learned

Standing Counsel for the KUHS, saying that

Ext.P11 is not a proper application and WP(C) NO. 39664 OF 2022

that, in fact, the petitioner had made one

in its proper format on 21.05.2022, seeking

affiliation only for 40 seats. He pointed

out that this application has been produced

on record as Ext.R2(a), along with statement

of his client. He argued that, therefore,

when the petitioner had already made an

application seeking affiliation of 40 seats

alone, it was not proper for them to have

then made Ext.P11 request, which, in any

case, is not one that could have been

considered by his client, since it is not in

its proper format.

3. Presumably being aware of the

predicament faced by his client, Sri.Vinod

Bhat submitted that, if this be so, then

this Court may close this writ petition;

however, leaving liberty to his client to

apply for 50 seats for the next academic WP(C) NO. 39664 OF 2022

year and prayed that the KUHS be directed to

consider the same in terms of law.

4. Indubitably, if the petitioner has

the credentials to apply for 50 seats next

year, then liberty for the same cannot be

shut out in any manner.

In the afore circumstances, without

acceding to any reliefs sought for in this

writ petition, I close it; however, leaving

liberty to the petitioner to apply for

suitable number of seats next academic year,

which shall certainly be considered by the

KUHS in terms of law.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 39664 OF 2022

APPENDIX OF WP(C) 39664/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF ORDER DATED 29-09-2022 PASSED BY THE 2 ND RESPONDENT

Exhibit P2 THE COPY OF ORDER DATED 27-11-2021.

Exhibit P3 THE COPY OF ORDER DATED 11-11-2022 PASSED BY THE 1ST RESPONDENT .

Exhibit P4 THE COPY OF THE ORDER DATED 23-12-2021 PASSED BY THE 3RD RESPONDENT.

Exhibit P5 THE COPY OF THE ORDER 25-08-2022 FOR THE ACADEMIC YEAR 2022-23.

Exhibit P6 THE COPY OF THE LETTER DATED 03-03-2022.

Exhibit P7 THE COPY OF LETTER DATED 12-08-2022 ISSUED BY THE 4TH RESPONDENT.

Exhibit P8 THE COPY OF THE ORDER DATED 26-03-2022.

Exhibit P9 THE COPY OF ORDER DATED 27-11-2022 IS ISSUED BY THE 1ST RESPONDENT.

Exhibit P10 THE COPY OF THE LETTER DATED 16- 06-2022 SENT BY PAALANA INSTITUTE OF MEDICAL SCIENCES TO THE PETITIONER.

Exhibit P11 THE COPY OF THE REPRESENTATIONS DATED 29-08-

Exhibit P12 THE TRUE COPY OF THE REPRESENTATIONS DATED 26-11-2022