Kerala High Court
Laxmi Meghan College Of Nursing vs State Of Kerala on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 18th day of March 2022 / 27th Phalguna, 1943
WP(C) NO. 9321 OF 2022
PETITIONER:
LAXMI MEGHAN COLLEGE OF NURSING, HARIPURM P.O., PULLUR, KANHANGAD,
KASARAGOD DISTRICT- 671 531, REPRESENTED BY ITS PRINCIPAL DR.
RENUKA, W/O. R. UGANATHAN AGED 48 YEARS, RESIDING AT SOUPARNIKA
RESIDENCY, HARIPURAM P.O., PULLUR, KANHANGAD, KASARAGOD DISTRICT-
671 531.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY , HEALTH AND FAMILY
WELFARE DEPARTMENT, GOVERNMENT OF KERALA, 6TH FLOOR, SECRETARIAT,
ANNEXE -II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2. KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR,
OFFICE OF THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE
P.O., ATHANI, THRISSUR DISTRICT- 680 596.
3. KERALA NURSES AND MIDWIVES COUNCIL, REPRESENTED BY ITS REGISTRAR,
RED CROSS ROAD, JAI VIHAR, KUNNUKUZHY, THIRUVANANTHAPURAM- 695 035.
4. INDIAN NURSING COUNCIL, REPRESENTED BY ITS PRESIDENT , 8TH FLOOR,
NBCC CENTER, PLOT NO. 2, COMMUNITY CENTER, OKHLA PHASE -1, NEW
DELHI- 11020.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd Respondent to grant provisional affiliation to
enhanced intake of 75 B.Sc. Nursing Students for the Academic Year
2021-2022 at the Petitioner College, pending disposal of this Writ
Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/s. SAJITH KUMAR V., SHREEKANTHA.K, VIVEK A.V., GODWIN JOSEPH and REMYA
VARMA N.K., Advocates for the petitioner, GOVERNMENT PLEADER for R1, SRI.
P.SREEKUMAR, STANDING COUNSEL for R2, SRI. N.REGHURAJ, Advocate for R3 and
of SRI. ABRAHAM P. MACHINKARA, Advocate for R4, the court passed the
following:
p.t.o
Exhibit P1:- A TRUE COPY OF THE G.O.(MS) NO. 25/2021/H & FWD DATED
09.02.2021 ISSUED ON BEHALF OF THE IST RESPONDENT.
Exhibit P9:- A TRUE COPY OF THE ORDER DATED 11.09.2017 IN CIVIL
APPEAL NO. 12759/2017 OF THE HON'BLE SUPREME COURT OF INDIA.
Exhibit P11:- A TRUE COPY OF THE APPLICATION DATED 14.02.2022
SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT (WITHOUT ENCLOSURES).
Exhibit P12 (A):- A TRUE COPY OF THE LETTER F. NO. 28-02/2019-INC
DATED 09.12.2020 ISSUED BY THE 4TH RESPONDENT.
Exhibit P13:- A TRUE COPY OF THE G.O. (RT) NO. 563/2022/H& FWD DATED
13.03.2022 ISSUED BY THE 1ST RESPONDENT.
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P.(C) No.9321 of 2022
-------------------------------------------------
Dated this the 18th day of March, 2022
ORDER
Admit.
2. The learned Government Pleader takes notice for
the 1st respondent. Sri.P.Sreekumar, the learned counsel
takes notice for the 2nd respondent. Sri.N.Reghuraj takes
notice for the 3rd respondent. Sri.Abraham P.Machinkara,
the learned counsel takes notice for the 4th respondent.
3. The petitioner is challenging Ext.P13 order
passed by the 1st respondent rejecting Ext.P11 request for
modification of the condition regarding the requirement to
obtain recognition from the Indian Nursing Council
stipulated in Ext.P1 with respect to the petitioner College.
According to the petitioner, the Honourable Supreme Court
in Ext.P9 judgment as well this Court in National Medical
Educational Charitable Trust Vs. Kerala Nursing and
W.P.(C) No.9321 of 2022
Midwifery Council [2006 (2) KLT 612] and Full Bench in
Velayudhan Memorial Trust Vs. State of Kerala [2010
(3) KLT 367] has categorically held that the prerogative of
granting the approval and recognition is essentially
conferred on the State Council whereas the Central Council
has no authority to grant recognition to the institutions
imparting nursing courses.
4. The learned counsel also points out that even the
Indian Nursing Council has issued Ext.P12(a)
communication stating that it has no power to grant
recognition to nursing institutions. The learned counsel
also points out that the Full Bench in Velayudhan's case
(supra) has struck down Clauses (2) and (6) of Regulation
78 of the Indian Nursing Council Regulations, 2007, which
provides for prior approval of the Indian Nursing Council.
5. It appears that Ext.P13 order has been passed by
the Government without taking into consideration the order
of the Apex Court in Ext.P9 and the Full Bench judgment in
W.P.(C) No.9321 of 2022
Velayudhan's case (supra). The request of the petitioner
for modification of the conditions in Ext.P1 has been
rejected for the reason that the requirement of obtaining
recognition from the Indian Nursing Council are to be
followed. Prima facie, the order is wrong.
In the circumstances, there will be a direction to the
2nd respondent to grant provisional affiliation to the
enhanced intake of 75 B.Sc. nursing students for the
academic year 2021-2022 at the petitioner College. The
2nd respondent University shall expedite the process for
grant of provisional affiliation, taking note of the last date
of admission for the academic year 2021-2022, subject to
the availability of the facilities in the petitioner College.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
18-03-2022 /True Copy/ Assistant Registrar
