Citation : 2024 Latest Caselaw 26964 Ker
Judgement Date : 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
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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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