Kerala High Court
Sabine Educational Trust vs State Of Kerala on 4 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:58013
WP(C) NO. 27793 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(C) NO. 27793 OF 2025
PETITIONER:
SABINE EDUCATIONAL TRUST
PEZHAKKAPPILLY.P.O., MUVATTUPUZHA, KERALA
REPRESENTED BY ITS EXECUTIVE DIRECTOR/TRUST
MEMBER, PIN - 686673
BY ADVS.
SHRI.M.SASINDRAN
SHRI.JOGGY MATHUNNI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPLE SECRETARY, HEALTH AND
FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE
(P.O), THRISSUR ., PIN - 680596
3 THE REGISTRAR
THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE (P.O), THRISSUR, PIN - 680596
4 THE KERALA NURSES AND MIDWIVES COUNCIL,
REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD,
JAI VIHAR, KUNNUKUZHI, THIRUVANANTHAPURAM, PIN
- 695035
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WP(C) NO. 27793 OF 2025
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5 THE INDIAN NURSING COUNCIL
REPRESENTED BY ITS SECRETARY, 8TH FLOOR NBCC
CENTER, PLOT NO.2 COMMUNITY CENTER, OKKALA
PHASE 1, NEW DELHI, PIN - 110020
BY ADVS.
SMT.AMMINIKUTTY, SR GOVERNMENT PLEADER
SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SHRI.P.SREEKUMAR (SR.)
SRI.VIVEK MENON, SC
DR.ABRAHAM P.MEACHINKARE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 27793 OF 2025
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N. NAGARESH, J.
----------------------
W.P.(C) No.27793 of 2025
------------------------------
Dated this the 4th day of August, 2025
JUDGMENT
Petitioner is an Educational Trust. The petitioner Trust
was established in the year 2010. Thereafter, the petitioner
decided to start a Nursing College. An application dated
17.03.2024 was submitted by the petitioner to the 1st
respondent-State of Kerala. The 1st respondent-State of
Kerala granted No Objection Certificate to the petitioner on
16.10.2024.
2. The petitioner submits that immediately
thereafter on 18.10.2024 itself, the petitioner submitted
application for affiliation before the 4th respondent-Nursing
Council. The 4th respondent-Nursing Council granted
affiliation on 17.06.2025. To start the College, the petitioner
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WP(C) NO. 27793 OF 2025
had to make application to the University.
3. The last date for submission of application to the
University was 30.10.2024. The date was subsequently
extended upto 31.01.2025, contends the petitioner. In view of
the delay in receipt of affiliation from the 4 th respondent-
Nursing Council, the petitioner could make an application only
on 29.07.2025 as per Ext.P14. The University is not
processing the application for affiliation. The University has
started the allotment process already. The refusal of the
University to process the application for affiliation is
unjustifiable, contended the counsel for the petitioner.
4. Standing Counsel representing the University
pointed out that the declared last date for submission of
application for affiliation was 30.10.2024. The said last date
was extended upto 31.01.2025. All applications submitted till
that date were considered and processed. The petitioner
failed to make an application before 31.01.2025.
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WP(C) NO. 27793 OF 2025
5. Standing Counsel pointed out that pursuant to
the direction of the Government, the portal was opened on
29.07.2025 to facilitate the submission of application of
another College in a different circumstance. The petitioner
managed to upload an application on 29.07.2025 when the
portal was open. In fact, such uploading of application is
unauthorised.
6. The petitioner failed to make application within
the extended time. The petitioner therefore cannot seek
processing of the application. The writ petition is liable to be
dismissed, submitted the Standing Counsel.
7. The counsel for the petitioner pointed out that
even the Rajiv Gandhi University of Health Science,
Karnataka has given time upto 04.07.2025 for submitting
application for affiliation of Nursing Courses. In similar
circumstances, this Court has passed orders as can be seen
from Exts.P10 and P11 directing to consider the applications
submitted by institutions in similar circumstances, considering
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the requirement of Nursing Graduates in the State. Therefore,
the respondents are compellable to process the application
for affiliation of the petitioner.
8. I have heard the learned counsel for the
petitioner and the respective learned Standing Counsel
representing respondents 2 to 5. I have also heard the
learned Government Pleader representing the 1st respondent.
9. In this case, the petitioner submitted application
for No Objection Certificate from the Government and the
Government issued No Objection Certificate on 16.10.2024.
An application was thereafter made by the petitioner to the
Nursing Council on 18.10.2024. The Nursing Council gave
affiliation to the petitioner on 17.06.2025. However, by the
time the last date for submission of application for affiliation to
the University was over by that time.
10. According to the University, applications ought to
have been submitted on or before 30.10.2024. This time was
extended by the University upto 31.01.2025. The petitioner
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WP(C) NO. 27793 OF 2025
failed to submit the application before the said date.
11. The University opened the portal for a day on
29.07.2025. The portal was opened for a different purpose.
The petitioner managed to submit an application on that date.
Such uploading of application cannot be considered as legal
uploading of application. The allotment process has already
been started and according to the Standing Counsel for the
University, the first round of allotment process is already over.
In the afore circumstances, the prayer of the
petitioner for grant of University affiliation is unsustainable.
The writ petition fails and it is accordingly dismissed.
Sd/-
N. NAGARESH
JUDGE
Mn
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WP(C) NO. 27793 OF 2025
APPENDIX OF WP(C) 27793/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE
G.O.(MS)NO.287/2024/H& FWD DATED
16.10.2024 ISSUED BY THE 1ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 13.05.2024 APPOINTING PROF. BETSY
SAM AS THE PRINCIPAL OF LILAC COLLEGE OF
NURSING
Exhibit P2(a) A TRUE COPY OF THE APPOINTMENT ORDER
DATED 16.10.2024 APPOINTING MR. JOSE
JOHN AS THE PROFESSOR OF LILAC COLLEGE
OF NURSING
Exhibit P2(b) A TRUE COPY OF THE APPOINTMENT ORDER
DATED 16.10.2024 APPOINTING MR.
CERIN.M.D AS THE ASSOCIATE PROFESSOR OF
LAILAC COLLEGE OF NURSING
Exhibit P2(c) A TRUE COPY OF THE APPOINTMENT ORDER
DATED 16.10.2024 APPOINTING MR. RAHUL.R.
IN THE POST OF LECTURER OF LILAC COLLEGE
OF NURSING
Exhibit P2(d) A TRUE COPY OF THE APPOINTMENT ORDER
DATED 16.10.2024 APPOINTING MRS. NEETHU
KRISHNA IN THE POST OF LECTURER OF LILAC
COLLEGE OF NURSING
Exhibit P2(e) A TRUE COPY OF THE APPOINTMENT ORDER
DATED 15.10.2024 APPOINTING MRS. GOPIKA
BOSE IN THE POST OF ASSISTANT LECTURER
OF LILAC COLLEGE OF NURSING
Exhibit P2(f) A TRUE COPY OF THE APPOINTMENT ORDER
DATED 16.10.2024 APPOINTING MRS.
GREESHMA A.G. IN THE POST OF ASSISTANT
LECTURER OF LILAC COLLEGE OF NURSING
Exhibit P3 A A TRUE COPY OF THE IMAGES OF THE
INFRASTRUCTURAL FACILITIES OF THE
PROPOSED LILAC COLLEGE OF NURSING
Exhibit P4 A TRUE COPY OF THE COVERING LETTER OF
THE APPLICATION FOR SANCTION OF THE 4TH
RESPONDENT, FOR THE NURSING COLLEGE
Exhibit P4(a) A TRUE COPY OF THE CHALLAN RECEIPT DATED
18.10.2024 PROCESSED IN THE NAME OF THE
4TH RESPONDENT FOR AN AMOUNT OF
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WP(C) NO. 27793 OF 2025
RS.50,000/-
Exhibit P4(b) A TRUE COPY OF THE CHALLAN RECEIPT DATED
18.10.2024 PROCESSED IN THE NAME OF THE
4TH RESPONDENT FOR AN AMOUNT OF
RS.2,50,000/-
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED
10.06.2025 IN W.P.(C)NO.38344 OF 2024
Exhibit P6 . A TRUE COPY OF THE ORDER
NO.G2.91425/24/NC DATED 17.06.2025
ISSUED BY THE 4TH RESPONDENT
Exhibit P7 TRUE COPY OF THE SCREEN SHORT FROM THE
WEBSITE OF THE UNIVERSITY, REGARDING THE
DETAILS OF NOTIFICATION ISSUED DURING
RELEVANT TIME
Exhibit P8 A TRUE COPY OF THE APPLICATION PUBLISHED
BY THE RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES KARNATAKA IN THE TIMES OF INDIA
DAILY DATED 18-06-2025
Exhibit P9 A TRUE COPY OF THE B.SC ADMISSION
PROSPECTUS FOR THE YEAR 2022 -2023 OF
AL-AZHAR COLLEGE OF NURSING, THODUPUZHA
Exhibit P10 A TRUE COPY OF THE INTERIM ORDER DATED
25.09.2024 IN W.P.(C).NO.32104/2024
Exhibit P11 A TRUE COPY OF THE INTERIM ORDER DATED
27.09.2024 IN W.P.(C).NO.33927/2024
Exhibit P12 A TRUE COPY OF THE JUDGMENT OF THE
MADRAS HIGH COURT IN IMMANUEL ARASAR
INTERNATIONAL INSTITUTE OF SCIENCE AND
TECHNOLOGY EDUCATIONAL AND CHARITABLE
TRUST V. STATE OF TAMIL NADU REPORTED IN
[2024 KHC 2181]
Exhibit P13 A TRUE COPY OF THE ONLINE APPLICATION
DATED 29.07.2025 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P13(a) A TRUE COPY OF THE E-CHALLAN RECEIPT
ISSUED BY THE 2ND RESPONDENT
Exhibit P14 A TRUE COPY OF THE COMMUNICATION
NO.LCON/ADMN/2025/19 DATED 30.07.2025
ISSUED BY THE PRINCIPAL, LILAC COLLEGE
OF NURSING TO THE 2ND RESPONDENT
