Kerala High Court
The Principal, K.M.C.T College Of ... vs The Kerala University Of Health Science on 10 January, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
FRIDAY, THE 10TH DAY OF JANUARY 2025 / 20TH POUSHA, 1946
WA NO. 2180 OF 2024
AGAINST THE JUDGMENT DATED 19.12.2024 IN WP(C) NO.45402 OF
2024 OF HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER:
THE PRINCIPAL, K.M.C.T COLLEGE OF NURSING,
AGED 67 YEARS,
THE PRINCIPAL, K.M.C.T COLLEGE OF NURSING,
MANASSERY P.O, KOZHIKODE, PIN - 673602
BY ADVS.
K.S.SAJEEV KUMAR
BISMI T.A.
RAMESH.P.N.
MOHANDAS K.CHACKO
SUKESAN P.S.
ANSILA C.A.
RESPONDENT(S):
1 THE KERALA UNIVERSITY OF HEALTH SCIENCE,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O,
THRISSUR,, PIN - 680596
2 THE VICE CHANCELLOR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR, PIN - 680596
3 INDIAN NURSING COUNCIL,
8TH FLOOR, NBCC CENTRE, PLOT.NO.2, COMMUNITY CENTRE,
OKHLA, PHASE-1, NEWDELHI ,
A STATUTORY BODY UNDER THE MINISTRY OF HEALTH AND
FAMILY WELFARE, REPRESENTED BY ITS SECRETARY,
WA NO. 2180 OF 2024 -2-
2025:KER:1869
PIN - 110020
4 THE DIRECTOR OF MEDICAL EDUCATION,
MEDICAL COLLEGE .P.O, TRIVANDRUM-,
PIN - 695011
5 THE ADMISSION SUPERVISORY COMMITTEE,
HEAD OFFICE, T.C 15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD,
VAZHUTHAKKAD, THIRUVANANTHAPURAM-
REPRESENTED BY ITS CHAIRMAN, PIN - 695014
6 THE FEE REGULATORY COMMITTEE,
T.C 15/1553-4, PRASANTHI BUILDINGS,
M.P.APPAN ROAD, VAZHUTHAKKAD,
THIRUVANANTHAPURAM-
REPRESENTED BY ITS CHAIRMAN, PIN - 695014
7 KERALA NURSES AND MIDWIVES COUNCIL,
RED CROSS ROAD, THIRUVANANTHAPURAM -,
REPRESENTED BY ITS REGISTRAR, PIN - 695035
8 THE PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-, PIN - 685001
9 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO THE
GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY
WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM,
PIN - 695001
10 THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAVAN, NEW DELHI, PIN - 110001
BY ADVS.
BINNY THOMAS
P.SREEKUMAR (SR.)(K/410/1994)
WA NO. 2180 OF 2024 -3-
2025:KER:1869
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
03.01.2025, THE COURT ON 10.01.2025 DELIVERED THE
FOLLOWING:
WA NO. 2180 OF 2024 -4-
2025:KER:1869
JUDGMENT
AMIT RAWAL, J.
1. The present writ appeal is directed against the
judgment of the Single Bench whereby the following
claim preferred by the college has been declined.
"1. Issue a writ of mandamus or any other
appropriate writ, order or direction, directing
the respondent no.3 to enlarge the last date
for admission to BSc Nursing Course from
30.11.2024 to 31.12.2024
2. Issue a writ of mandamus or any other
appropriate writ, order or direction, directing
the respondents nos. 4,8 and 9 to issue NOC
to carryout BSc Nursing Course for enhanced
intake capacity of 150 seats for the academic
year 2024-25 within a time frame.
3. Issue a writ of mandamus or any other
appropriate writ, order or direction, directing
the respondents 1, 2 and 7 to grant affiliation
for BSc Nursing Course for enhanced intake
capacity of 150 seats within a time frame.
4. Issue a writ of mandamus or any other
appropriate writ, order or direction, directing
2025:KER:1869
the respondents 5 and 6 to approve the
prospectus for BSc Nursing Course for
academic year 2024-25 with an enhanced
intake capacity of 150 seats within a time
frame.
5. Issue such other writ, directions or orders
which this Hon'ble Court may deem fit in the
facts and circumstances of the case."
2. Appellant - petitioner had approached the
Court for a direction to the Indian Nursing Council-
Respondent No.3 to enlarge the last date of admission
for B.Sc. Nursing course, which has already expired on
30.11.2024, for, they have already an intake of ninety(90)
students. On 05.04.2024, applied to the 8 th respondent
i.e., Principle Secretary, Department of Health and
Family Welfare, Government of Kerala,
Thiruvananthapuram for issuance of No Objection
Certificate for enhancement of seats to 150 for the
academic year 2024-2025. The inspection was carried
out, certain short comings were raised which were not
rectified as late as on 01.11.2024 and application was re-
2025:KER:1869
submitted after rectification on 08.11.2024. On
21.11.2024 again an inspection was conducted by the
faculty members appointed by the statutory authorities.
The last date for admission to B.Sc.Nursing Course was
30.11.2024 and it is in these circumstances, the reliefs as
noticed above have been sought.
3. We are of the view that such reliefs at the
belated stage cannot be granted for, no explanation has
come forth in not rectifying the mistake in pursuance to
the request submitted on 05.04.2024 much less the
inspection conducted. In the other words, the delay of
almost seven(7) months have not been explained
knowing full well that the last date for taking admissions
will be expiring on 30.11.2024. The writ petition was
filed before this Court on 17.12.2024 and by that time,
the period was already over. Court cannot relay/rewrite
the application and extend the period of limitation in the
domain of competent authority. The No Objection
Certificate from the State Government and thereafter the
affiliation from the Council are still to be updated.
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In such circumstances we do not find any
justification in interfering with the judgment of the
Single Bench. No merit in the matter, accordingly,
dismissed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
P. V. BALAKRISHNAN
JUDGE
vv
