Kerala High Court
Chancy Chacko vs Kerala University Of Health Sciences on 1 November, 2024
2024:KER:81068
WPC.No.37529/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO.37529 OF 2024
PETITIONER:
CHANCY CHACKO, AGED 37 YEARS,
D/O.CHACKO, THELAKKATTUMATTATHIL HOUSE, BK PURAM
P.O, ATHANI, THIRUVANIYOOR, ERNAKULAM DISTRICT,
PIN - 682 308.
BY ADVS.N.V.VINAY
RIA THOMAS
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR, KERALA REPRESENTED
BY ITS VICE-CHANCELLOR, PIN - 680 596.
2 MEDICAL TRUST COLLEGE OF NURSING,
HOC TOWNSHIP, BACK SIDE ROAD, BMC NAGAR COLONY,
IRUMPANAM, P.O, KOCHI, ERNAKULAM, KERALA REP BY
ITS PRINCIPAL, PIN - 682 309.
BY ADVS.Binny Thomas
P.SREEKUMAR (SR.)(K/410/1994)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WPC.No.37529/24 2
JUDGMENT
The petitioner had completed Diploma in General Nursing
and Midwifery, from the Rajiv Gandhi School of Nursing,
Koothattukulam Co-operative Hospital Ltd., Ernakulam. Ext.P1
is the Diploma certificate issued by the Kerala Nurses and
Midwifes Council. The petitioner completed the studies during
the period from January, 2005 to July, 2008. Thereafter, the
petitioner submitted an application to undergo B.Sc Nursing
Course and in the admission process, the petitioner was
successful as well. However, when the petitioner approached
the 2nd respondent institution to join, she was denied admission
on the reason that she could not produce the Transfer
Certificate (TC) from the institution in which she had undergone
the Diploma course. The predicament of the petitioner is that,
she is unable to obtain the TC from the institution from which
she obtained Diploma Certificate as the said institution is closed
down years ago. It was in these circumstances, the petitioner
approached this Court seeking the following reliefs:
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"i) To issue a Writ of Mandamus directing the 1 st
respondent to pass an order directing the 2nd
respondent to grant exemption to the petitioner from
producing the transfer certificate to serve the ends of
justice.
ii) To issue a Writ of Mandamus directing the 1st
respondent to duly consider Ext.P2 representation
within a time frame as fixed by this Hon'ble Court after
affording an opportunity of hearing the
iii) To issue appropriate direction to 2nd respondent to
admit the petitioner to the course of PB B.Sc nursing
and to allow her to attend the classes to serve the ends
of justice.
iv) To issue such other writs, order or directions as this
Hon'ble court may deem fit and necessary in the facts
and circumstances of the case.
v) To award cost of these proceedings to the petitioner.
vi) To award compensation to the petitioner for the
hardship caused to him from the state."
2. Heard the learned counsel for the petitioner and the
Senior counsel appearing for the 1st respondent.
3. Of course, it is true that, as far as the TC is
concerned, it is one of the crucial documents required for
considering for admission to an institution. Evidently, the same
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is intended to ensure that the student had undergone the course
in the particular institution during the relevant period and not
undergoing any other course parallelly. However, the fact that
there is an impossibility to secure the certificate as of now
cannot be ignored. The fact that the institution in which the
petitioner had undergone the Diploma Course is closed down is
not disputed.
4. In such circumstances, considering the impossibility
of fulfilling the criteria of furnishing the TC, I am of the view
that some alternate arrangement has to be made. It is well
settled that, the law does not insist a person to perform an act
which is impossible to perform and thus the doctrine of
impossibility would be applicable.
5. Therefore, this writ petition is disposed of directing
the respondents 1 and 2 to provide admission to the petitioner
in case the petitioner submits an affidavit duly notarized, stating
the period during which she had undergone the Diploma, the
details of the institution and also declaring that she did not
undergo any studies thereafter. She will also undertake that she
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will not undergo any other course simultaneously, after getting
admitted to the 2nd respondent college. The affidavit shall also
contain a statement that, in case the details furnished in the
affidavit were found to be false, the petitioner will not have any
objection in cancelling the admission.
With the above directions, this writ petition is disposed of.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/1.11.24
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APPENDIX OF WP(C) 37529/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF DIPLOMA CERTIFICATE
ISSUED BY KERALA NURSES AND MIDWIVES
COUNCIL TO THE PETITIONER
Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED
30.09.2024 MADE BY THE PETITIONER TO THE
1ST RESPONDENT
