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Malankara Orthodox Syrian Church ... vs The Director Of Medical Education
2024 Latest Caselaw 26964 Ker

Citation : 2024 Latest Caselaw 26964 Ker
Judgement Date : 6 September, 2024

Kerala High Court

Malankara Orthodox Syrian Church ... vs The Director Of Medical Education on 6 September, 2024

WP(C) No.29309 of 2024
                                        1
                                                           2024:KER:68268
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR. JUSTICE P.M.MANOJ

     FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                       WP(C) NO. 29309 OF 2024


PETITIONER/S:

              MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL MISSION
              REPRESENTED BY ITS SECRETARY, M.O.S.C. MEDICAL
              COLLEGE, KOLENCHERRY, ERNAKULAM DISTRICT, PIN -
              682311


              BY ADVS.
              TONY GEORGE KANNANTHANAM
              THOMAS GEORGE
              BIBIN B. THOMAS




RESPONDENT/S:

      1       THE DIRECTOR OF MEDICAL EDUCATION
              MEDICAL COLLEGE .P.O. THRIUVANANTHAPURAM, PIN -
              695011

      2       THE KERALA NURSES & MIDWIVES COUNCIL (KNMC)
              REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD,
              THRIUVANANTHAPURAM, PIN - 695035



OTHER PRESENT:

              ADV RAGJU RAJ- SC, ADV SAROJINI KG- GP


          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    06.09.2024,   THE   COURT    ON   THE   SAME   DAY    DELIVERED   THE
FOLLOWING:
 WP(C) No.29309 of 2024
                                         2
                                                          2024:KER:68268

                                 JUDGMENT

Dated this the 6th day of September, 2024

This Writ Petition is preferred by an Educational Institution which

runs a Medical College and Nursing College. In the last academic year

the Nursing College was sanctioned to undertake an intake capacity of

70 students for B.Sc Nursing course. The petitioner management

wants to enhance the seat numbers to 90 this year. However, the 2 nd

respondent, Kerala Nursing and Midwifery Council, confined it to 80.

Being aggrieved by that, this Writ Petition is filed.

2. It is stated that the petitioner's College had the capacity of 70

B,Sc Nursing seats for the last academic year. Petitioner's demand for

90 seats in this year has been accorded by the Government and the

University. After a thorough inspection, the Government accorded

sanction for the same, and the University granted affiliation to the 90

seats. However, the Kerala Nursing and Midwifery Council, after

conducting a detailed inspection, though did not find any deficiencies,

without assigning any reason, confined the enhancement to 80 seats.

On these alleged circumstances the Writ Petition is preferred.

3. When the matter was taken up today, the Standing Counsel

for the 2nd respondent submitted that during the pendency of this Writ

Petition, they increased the number of seats by '5'. Therefore, the

petitioner has a capacity of 85 seats in this academic year.

2024:KER:68268

4. In the aforesaid circumstances, the counsel for the petitioner

submitted that the Writ Petition can be closed, leaving open the

contention of the petitioner with respect to the claim for 90 seats.

Recording the said submission, the Writ Petition is closed

accordingly.

Sd/-

P.M.MANOJ JUDGE SSS

2024:KER:68268 APPENDIX OF WP(C) 29309/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE CERTIFICATE OF ACCREDITATION SERIAL NO. 014/2023 DATED 17-1-2023

Exhibit-P2 TRUECOPY OF THE SAID ORDER NO.U.O.40/ 2022/DEAN/KUHS DATED 17-2-2022 OF THE UNIVERSITY

Exhibit-P3 A COPY OF G.O.(MS) 293/2023/H&FWD DATED 25-10-2023

Exhibit-P4 TRUE COPY OF THE SAID ORDER –

U.O.NO. 860/2024/ACADEMIC/KUHS DATED 12- 8-2024

Exhibit-P5 TRUE COPY OF THE ORDER NO.G.1735/ 06/NC DATED 9-8-2023 OF THE KERALA NURSES & MIDWIVES COUNCIL

Exhibit-P6 TRUE COPY OF THE NOTIFICATION F.NO. 22- 10/NEET/2018-19-INC DATED 29-1-2024 OF THE INDIAN NURSING COUNCIL

 
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