Citation : 2024 Latest Caselaw 10536 Ker
Judgement Date : 11 April, 2024
WP(C) NO. 22380 OF 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 22380 OF 2015
PETITIONER/S:
1 NIKHILA
AGED 25 YEARS
D/O.E.HARIKUMARAN THAMPY, ATHAM,
KANCHIYOORKONAM,KATTAKKADA P.O., THIRUVANANTHAPURAM -
695 572.
2 VIJITHA V.T
AGED 24 YEARS
D/O.THANAPPAN S., VIJAYA VILASOM,
VEMBANNOOR,ARUVIKKARA P.O., THIRUVANANTHAPURAM -695
564.
BY ADVS.
SRI.R.SURAJ KUMAR
SMT.DEEPA V.
SRI.SUNIL J.CHAKKALACKAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT OF
KERALA,DEPARTMENT OF HEALTH AND FAMILY
WELFARE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695
001.
2 THE COMMISSIONER OF ENTRANCE EXAMINATIONS
HOUSING BOARD BUILDINGS, SHANTHI
NAGAR,THIRUVANANTHAPURAM.
WP(C) NO. 22380 OF 2015 2
3 THE REGISTRAR
KERALA NURSES AND MIDWIVES COUNCIL,RED CROSS ROAD,
THIRUVANANTHAPURAM - 695 035.
4 RUBY HALL CLINIC
40, SASSOON ROAD, PUNE, STATE OF MAHARASHTRA 411 001,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22380 OF 2015 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 22380 of 2015
--------------------------------------
Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with following prayers :
(i) "issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to permit the petitioners to attend the M.Sc. Nursing (PGN) 2015 on 25.07.2015.
(ii) issue a writ of certiorari or any other writ, order or direction quashing exhibits P-11 and P-12 to the extend the same insistes the petitioners to produce Nursing Council registration certificate to calculate one year internship.
(iii) Declare the sub clause (i) of clause 7.2.3. of Exhibit P-13 prospectus to the extend the same is applicable to the candidates who had registered with the Nursing Councils in Kerala, ultravires the Indian Nursing Council Act, 1947.
(iv) Such other reliefs as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case." [sic]
2. When this writ petition came up for consideration on
24.07.2015, this Court passed the following order :
"The learned Government Pleader takes notice for respondents 1 to 3.
The petitioners shall be permitted to appear for the entrance examination, however provisionally and subject to satisfaction of Clause 7.2.3 of the prospectus produced at Ext.P13 which satisfaction shall be considered only at the time of counseling. Hand over."
3. In the light of the above order, no further direction is
necessary.
Recording the order dated 24.07.2015, this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS
APPENDIX OF WP(C) 22380/2015
PETITIONER EXHIBITS
EXT.P-1: TRUE COPY OF THE DEGREE CERTIFICATE DATED 12.12.2014 OF THE IST PETITIONER.
EXT.P-2: TRUE COPY OF THE DEGREE CERTIFICATE DATED 12.12.2014, OF THE 2ND PETITIONER
EXT.P-3: TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 8.4.2014 ISSUED THE IST PETITIONER
EXT.P-4: TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 8.4.2014 ISSUED TO THE 2ND PETITIONER
EXT.P-5: TRUE COPY OF THE LETTER OF APPOINTMENT DATED 20.4.2014 ISSUED TO THE 2ND PETITIONER
EXT.P-6: TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 6.5.2015
EXT.P-7: TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 6.5.2015 ISSUED TO THE 2ND PETITIONER
EXT.P-8: TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE 2ND PETITIONER
EXT.P-9: TRUE COPY OF THE ADMIT CARD ISSUED TO THE IST PETITIONER
EXT.P-10: TRUE COPY OF THE ADMIT CARD ISSUED TO THE 2ND PETITIONER
EXT.P-11: TRUE COPY OF THE MEMO DATED 17.7.2015 ISSUED TO THE IST PETITIONER
EXT.P-12: TRUE COPY OF THE MEMO DATED 17.7.2015 ISSUED TO THE 2ND PETITIONER
EXT.P-13: TRUE COPY OF THE SAID PROSPECTUS DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE 2ND RESPONDENT.
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