Kerala High Court
Mar Baselios Medical Mission ... vs The State Of Kerala on 27 October, 2023
WP(C) No.34391/2023 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 27th day of October 2023 / 5th Karthika, 1945
WP(C) NO. 34391 OF 2023 (Y)
PETITIONER:
MAR BASELIOS MEDICAL MISSION ASSOCIATION, KOTHAMANGALAM, ERNAKULAM
DISTRICT - 686691, REPRESENTED BY ITS SECRETARY C.I. BABY, AGED 64
YEARS, S/O. ITTIYAVIRA, RESIDING AT CHUNDATTU HOUSE, THANKALAM,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE, KUMARAPURAM
ROAD, CHALAKKUZHI, THIRUVANANTHAPURAM, PIN - 695011
3. KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O.,
MULANKUNNATHUKAVU, THRISSUR, REPRESENTED BY THE REGISTRAR, PIN -
680596
4. ADDL.R4. LBS CENTRE FOR SCIENCE AND TECHNOLOGY REPRESENTED BY THE
DIRECTOR, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM - 695 033 [IS SUO
MOTU IMPLEADED AS PER ORDER DATED 27.10.2023 IN WP(C)34391/2023].
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 pass an order directing/enabling the college to admit 80
students following Exhibit P1, P3 and P4 for the academic year 2022-23,
pending disposal of the 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
SRI.GEORGE POONTHOTTAM (SENIOR ADVOCATE) along with M/S.NISHA GEORGE &
KAVYA VARMA M.M., Advocates for the petitioner, GOVERNMENT PLEADER for
R1and R2, STANDING COUNSEL for R3, the court passed the following:
WP(C) No.34391/2023 2/7
VIJU ABRAHAM,J
-------------------
W.P.(C).No.34391 of 2023
------------------------------
Dated this the 27th day of October, 2023
ORDER
Petitioner has approached this Court seeking a
direction to quash Ext.P5, whereby the 3rd
respondent University has reduced the intake of
students from 80 to 76.
2. Petitioner content that the Government has
accorded sanction for increase of intake of
students for B.Sc Nursing from 60 to 80 as per
Ext.P1 Government Order. Later on while issuing a
communication to LBS, which is the allotment
agency as per Ext.P2, the same was reduced to 76
seats with a ratio of 38:38 in between Government
quota and Management quota. An enquiry with the
Government revealed that the intake would be
increased to 80 on getting approval from the
Nursing Council of India. Petitioner submits that
by Ext.P3 Nursing Council has approved the intake
of students to 80 seats for the academic years
2023-2024. The State Nurses and Midwives Council
WP(C) No.34391/2023 3/7
as per Ext.P4 also granted permission for increase
to 80 seats. While so, Ext.P5 was issued by the
3rd respondent University wherein the intake of
students was reduced to 76 seats. The petitioner
contended that the said reduction in intake by the
Government as per Ext.P2 is due to the reduction
done by the 3rd respondent University. Petitioner
would contend that a perusal of Ext.P5 would
reveal that the said reduction was made on finding
reduction in student patient ratio in the
inspection conducted. Petitioner relies on the
judgment in WP(C) No.26099 of 2023 wherein this
Court has issued direction permitting to maintain
the seats that was granted for the previous
academic year on condition that the petitioner
therein shall give an undertaking before the
respondent university that the student patient
ratio would be maintained by increasing the
infrastructure or other facilities required.
Petitioner would submit that the only impediment
in reducing the seats from 80 to 76 is the finding
in Ext.P5 that the student patient ratio is not
WP(C) No.34391/2023 4/7
satisfied in the petitioner's college. Petitioner
would submit that the reduction as evident from
Ext.P2 is only as per a decision of the 3 rd
respondent. It is further averred by the learned
counsel for the petitioner that the admission
process will have to be completed on or before
31.10.2023.
3. The learned Government Pleader upon
instructions submitted that if the court is
permitting the petitioner to fill up 4 more seats,
then 2 of the seats should be filled up on merit
quota and 2 seats could be permitted to be filled
up in management seats, since Government is
maintaining 50:50 ratio in the matter of
admission.
I find that the LBS Centre for Science and
Technology is not made a party in the writ
petition. Therefore, LBS Centre for Science and
Technology represented by the Director,
Nandavanam, Palayam, Thiruvananthapuram-695033 is
suo motu impleaded as additional respondent No.4
in this writ petition.
WP(C) No.34391/2023 5/7
In view of the facts and circumstances as
above, this Court is inclined to issue the
following directions:
(i) The petitioner shall be permitted to
admit students in 4 more seats over and above 76
seats allotted as per Ext.P2.
(ii) The 50% of the said seats, i.e 2 seats
shall be filled up through merit candidates and
balance 2 seats could be filled up through
management quota.
(iii) The additional 4th respondent shall make
necessary steps to make allotment to the merit
seats. The additional 4th respondent shall make
allotment to the merit seats on or before
30.10.2023, failing which the petitioner will be
entitled to fill up all the 4 seats under the
management quota.
(iv) The petitioner shall give an undertaking
before the 3rd respondent University that the
student patient ratio would be maintained by
increasing infra structure or other facilities
required and such undertaking shall be filed on or
WP(C) No.34391/2023 6/7
before 31.10.2023.
The said direction issued shall be subject to
the final decision in the writ petition.
Registry to communicate this order to the
Secretary of the Advocate General Office and also
the learned Standing counsel for the 3rd and
additional 4th respondent forthwith.
sd/-
VIJU ABRAHAM,
JUDGE
pm
27-10-2023 /True Copy/ Assistant Registrar
WP(C) No.34391/2023 7/7
APPENDIX OF WP(C) 34391/2023
Exhibit -P1 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)NO.263/
2022/H&FWD DATED 05.12.2022
Exhibit-P2 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)
NO.181/2023/H&FWD DATED 02.08.2023
Exhibit-P3 TRUE COPY OF THE COMMUNICATION BEARING FILE NO.
18-16/2158-INC DATED 30.09.2023 ISSUED BY THE INDIAN
NURSING COUNCIL
Exhibit -P4 TRUE COPY OF THE COMMUNICATION BEARING ORDER NO.
G.2878/03/NC DATED 30.06.2023 ISSUED BY THE KERALA
NURSES AND MIDWIVES COUNCIL
Exhibit -P5 TRUE COPY OF THE AFFILIATION ORDER BEARING U.O.NO.
1209/2023/ ACADEMIC/KUHS DATED 14.08.2023 PASSED BY THE
3RD RESPONDENT UNIVERSITY
27-10-2023 /True Copy/ Assistant Registrar
