Kerala High Court
Mar Baselios Medical Mission ... vs The State Of Kerala on 21 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:4734
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF JANUARY 2025 / 1ST MAGHA, 1946
WP(C) NO. 27616 OF 2023
PETITIONER:
THE PRINCIPAL
AGED 45 YEARS
MARIA THERESA COLLEGE OF NURSING,
MARIA THERESA HOSPITAL TRUST,
KUZHIKKATTUSSERY P.O.,
THRISSUR, PIN - 680697
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
KAVYA VARMA M. M.
RESPONDENTS:
1 INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTRE,
PLOT NO.2, COMMUNITY CENTRE,
OKHLA PHASE -I, NEW DELHI - 110 020,
REPRESENTED BY ITS SECRETARY
2 KERALA UNIVERSITY OF HEALTH SCIENCES
MULAMKUNNATHUKAVU,
MEDICAL COLLEGE P.O.,
THRISSUR DISTRICT ,
REPRESENTED BY THE REGISTRAR,
PIN - 680596
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2
3 LBS CENTRE FOR SCIENCE AND TECHNOLOGY
NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM - 695033,
REPRESENTED BY THE DIRECTOR
BY ADVS.
SRI.ABRAHAM P.MEACHINKARA
SRI.P.SREEKUMAR,STANDING COUNSEL
SMT.SHAMEENA SALAHUDHEEN,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.01.2025, ALONG WITH WP(C).29127/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF JANUARY 2025 / 1ST MAGHA, 1946
WP(C) NO. 29127 OF 2023
PETITIONER
TALIPARAMBA CO-OPERATIVE COLLEGE OF NURSING
TALIPARAMBA, KANNUR DISTRICT - 670141,
REPRESENTED BY THE SECRETARY,
THE TALIPARAMBA CO-OPERATIVE HOSPITAL SOCIETY
LTD. NO. C 1468,
TALIPARAMBA P.O., TALIPARAMBA,
KANNUR DISTRICT, PIN - 670141
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
KAVYA VARMA M. M.
RESPONDENTS:
1 INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE -I,
NEW DELHI
REPRESENTED BY ITS SECRETARY, PIN - 110020
2 KERALA UNIVERSITY OF HEALTH SCIENCES
MULAMKUNNATHUKAVU,
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4
MEDICAL COLLEGE P.O.,
THRISSUR DISTRICT
REPRESENTED BY THE REGISTRAR,
PIN - 680596
3 LBS CENTRE FOR SCIENCE AND TECHNOLOGY
NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM,
REPRESENTED BY THE DIRECTOR,
PIN - 695033
BY ADVS.
SRI.ABRAHAM P.MEACHINKARA
SRI.P.SREEKUMAR,STANDING COUNSEL
SMT.SHAMEENA SALAHUDHEEN,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.01.2025, ALONG WITH WP(C).27616/2023, 30165/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF JANUARY 2025 / 1ST MAGHA, 1946
WP(C) NO. 30165 OF 2023
PETITIONER:
AKG MEMORIAL CO-OPERATIVE HOSPITAL,
(A UNIT OF KANNUR CO-OPERATIVE
HOSPITAL SOCIETY LTD. NO. C 834)
TALAP, KANNUR,
REPRESENTED BY ITS SECRETARY,
PIN - 670002
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR)
LIJIN THAMBAN
KAVYA VARMA M. M.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 INDIAN NURSING COUNCIL,
8TH FLOOR, NBCC CENTRE,
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PLOT NO. 2, COMMUNITY CENTRE,
OKHLA PHASE-I, NEW DELHI,
PIN - 110020
3 KERALA UNIVERSITY OF HEALTH SCIENCES,
MULAMKUNNATHUKAVU,
MEDICAL COLLEGE P.O,
THRISSUR, PIN - 680596
4 LBS CENTRE FOR SCIENCE AND TECHNOLOGY,
NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 695033
BY ADVS.
SRI.ABRAHAM P.MEACHINKARA
SRI.P.SREEKUMAR,STANDING COUNSEL
SMT.SHAMEENA SALAHUDHEEN,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.01.2025, ALONG WITH WP(C).29127/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF JANUARY 2025 / 1ST MAGHA, 1946
WP(C) NO. 34391 OF 2023
PETITIONER:
MAR BASELIOS MEDICAL MISSION ASSOCIATION
AGED 64 YEARS
KOTHAMANGALAM, ERNAKULAM DISTRICT - 686691,
REPRESENTED BY ITS SECRETARY C.I. BABY,
AGED 64 YEARS, S/O. ITTIYAVIRA,
RESIDING AT CHUNDATTU HOUSE, THANKALAM,
KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN - 686691
BY ADVS.
NISHA GEORGE
KAVYA VARMA M. M.
GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF MEDICAL EDUCATION
MEDICAL COLLEGE,
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KUMARAPURAM ROAD, CHALAKKUZHI,
THIRUVANANTHAPURAM, PIN - 695011
3 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O.,
MULANKUNNATHUKAVU, THRISSUR,
REPRESENTED BY THE REGISTRAR.,
PIN - 680596
ADDL.R4 LBS CENTRE FOR SCIENCE AND TECHNOLOGY
REPRESENTED BY THE DIRECTOR,
NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM - 695 033
ADDL.R4 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 27.10.2023 IN WP(C)34391/2023.
BY ADVS.
SRI.ABRAHAM P.MEACHINKARA
SRI.P.SREEKUMAR,STANDING COUNSEL
SMT.SHAMEENA SALAHUDHEEN,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2025, ALONG WITH WP(C).29127/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF JANUARY 2025 / 1ST MAGHA, 1946
WP(C) NO. 34821 OF 2023
PETITIONER:
THE PRINCIPAL
VINAYAKA COLLEGE OF NURSING,
SULTHAN BATHERY, WAYANAD DISTRICT,
PIN - 673592
BY ADVS.
NISHA GEORGE
KAVYA VARMA M. M.
GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTRE,
PLOT NO.2, COMMUNITY CENTRE,
OKHLA PHASE -I, NEW DELHI-110 020,
REPRESENTED BY ITS SECRETARY, PIN - 110020
2 KERALA UNIVERSITY OF HEALTH SCIENCES
MULAMKUNNATHUKAVU,
MEDICAL COLLEGE P.O.,
THRISSUR DISTRICT - 680596,
REPRESENTED BY THE REGISTRAR,
PIN - 680596
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3 LBS CENTRE FOR SCIENCE AND TECHNOLOGY
NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM - 695033,
REPRESENTED BY THE DIRECTOR, PIN - 695033
BY ADVS.
SRI.ABRAHAM P.MEACHINKARA
SRI.P.SREEKUMAR,STANDING COUNSEL
SMT.SHAMEENA SALAHUDHEEN,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.01.2025, ALONG WITH WP(C).29127/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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11
JUDGMENT
Dated this the 21st day of January, 2025
[WP(C) Nos. 27616, 29127, 30165, 34391 & 34821 of 2023]
The petitioners in these writ petitions approached this
Court seeking to direct the LBS Centre for Science and
Technology to include the petitioner-Institutions for allotment
of candidates, who are opting to get admission in the
petitioner-Institutions.
2. I have heard the learned counsel for the petitioners,
the learned Standing Counsel representing the LBS Centre for
Science and Technology and the learned Standing Counsel
appearing for the Kerala University of Health Sciences.
3. The admissions in question in all these writ
petitions is to the course of B.Sc Nursing. Pursuant to the
interim orders passed by this Court on 05.09.2023 and on
other dates, certain number of students have been admitted to
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the Institutions and they are undergoing B.Sc Nursing course.
4. Considering the entire facts and circumstances of
the case, I am of the view that the admissions so made as per
the interim orders in the case are to be regularised.
The writ petitions are therefore disposed of confirming
the interim orders passed in these writ petitions. The
admissions made pursuant to the interim orders in this case
shall stand regularised.
Sd/-
N.NAGARESH
JUDGE
hmh
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WP(C) NOs.27616 of 2023 & con.cases
APPENDIX OF WP(C) 27616/2023
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(P) NO. 261/2022/H&FWD
DATED 05.12.2022
Exhibit-P2 TRUE COPY OF THE ORDER NO. G1.
43991/2023/NC DATED 15.07.2023 ISSUED
BY THE KERALA NURSES AND MIDWIVES
COUNCIL
Exhibit-P3 TRUE COPY OF THE CONSENT OF
AFFILIATION BEARING NO. 40305/AC
II/NSG/A1/KUHS/ 2022 DATED 29.07.2023
ISSUED BY THE 2ND RESPONDENT
UNIVERSITY
Exhibit-P4 COPY OF THE PROVISIONAL AFFILIATION
GRANTED BEARING U.O.NO.1157/2023/
ACADEMIC/KUHS DATED 04.08.2023 ISSUED
BY THE 2ND RESPONDENT UNIVERSITY
Exhibit-P5 COPY OF THE APPLICATION SUBMITTED BY
THE MARIA THERESA HOSPITAL TRUST TO
THE 1ST RESPONDENT ALONG WITH INVOICE
ISSUED BY THE 1ST RESPONDENT DATED
29.07.2023
Exhibit-P6 TRUE COPY OF THE NOTICE PUBLISHED FOR
THE BENEFIT OF THE GENERAL PUBLIC
ISSUED BY THE NURSING COUNCIL OF INDIA
BEARING F.NO.28-02/2019-INC DATED
09.12.2020
Exhibit-P7 TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(MS)NO.181/ 2023/H&FWD
DATED 02.08.2023, ALONG WITH
ANNEXURES,
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Exhibit-P8 TRUE COPY OF THE NOTIFICATION ISSUED
IN THIS REGARD BY THE INDIAN NURSING
COUNCIL BEARING F.NO.22-10/NEET/2018-
19-INC DATED 06.04.2023
Exhibit-P9 TRUE COPY OF THE COMMUNICATION
NO.40680/A3/NSG/ACII/KUHS/2022 DATED
11.08.2023 ISSUED BY THE 2ND
RESPONDENT UNIVERSITY
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WP(C) NOs.27616 of 2023 & con.cases
APPENDIX OF WP(C) 29127/2023
PETITIONER'S EXHIBITS
Exhibit -P1 TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O(MS) NO. 246/2022/H&FWD
DATED 29.11.2022
Exhibit-P2 A TRUE COPY OF THE ORDER NO.
G1.3902/2021/NC DATED 16.03.2023
ISSUED BY THE KERALA NURSES AND
MIDWIVES COUNCIL
Exhibit-P3 A TRUE COPY OF THE CONSENT OF
AFFILIATION BEARING NO.
40177/ACII/NSG/A3/KUHS/2022 DATED
09.08.2023 ISSUED BY THE 2ND
RESPONDENT UNIVERSITY
Exhibit-P4 A TRUE COPY OF THE ORDER BEARING
U.O.NO: 1227/2023/ACADEMIC/KUHS DATED
16.08.2023 ISSUED BY THE 2ND
RESPONDENT UNIVERSITY
Exhibit-P5 TRUE COPY OF THE APPLICATION DATED
26.04.2023 SUBMITTED BY THE PETITIONER
COLLEGE
Exhibit-P6 TRUE COPY OF THE NOTICE PUBLISHED FOR
THE BENEFIT OF THE GENERAL PUBLIC
ISSUED BY THE NURSING COUNCIL OF INDIA
BEARING F.NO.28-02/2019-INC DATED
09.12.2020 ALONG WITH GUIDELINES
Exhibit-P7 A COPY OF THE APPLICATION DATED
22.08.2023 SUBMITTED BY THE PETITIONER
BEFORE THE HEALTH AND FAMILY WELFARE
(C) DEPARTMENT WITHOUT ENCLOSURE,
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Exhibit-P8 TRUE COPY OF THE NOTIFICATION ISSUED
BY THE INDIAN NURSING COUNCIL BEARING
F.NO.22-10/NEET/2018-19-INC DATED
06.04.2023
Exhibit-P9 TRUE COPY OF THE COMMUNICATION
NO.40680/A3/NSG/ACII/KUHS/2022 DATED
11.08.2023 ISSUED BY THE 2ND
RESPONDENT UNIVERSITY.
Exhibit-P10 A TRUE COPY OF THE INTERIM ORDER DATED
18.08.2023 PASSED BY THIS HON'BLE
COURT IN W.P(C) NO. 27616 OF 2023.
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APPENDIX OF WP(C) 30165/2023
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(MS)NO. 28/2008/H&FWD
DATED 25.01.2008 ISSUED BY THE 1ST
RESPONDENT
Exhibit -P2 A COPY OF THE LETTER DATED 05.07.2012
BEARING FILE NO. 02/JUL/2012 ISSUED BY
THE 2ND RESPONDENT
Exhibit -P2(a) A TRUE COPY OF THE ORDER/CERTIFICATE
NO.18-16/4565 DATED 16.09.2013 ISSUED
BY THE 2ND RESPONDENT
Exhibit-P3 A COPY OF THE GOVERNMENT ORDER BEARING
G.O.(MS) NO. 281/2016/H&FWD DATED
29.12.2016
Exhibit-P4 A COPY OF THE NOTIFICATION BEARING
U.O.NO: 25494/2019/ACAD/GENERAL/ KUHS
DATED 22.08.2022 ISSUED BY THE 3RD
RESPONDENT UNIVERSITY
Exhibit-P5 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING G.O.(MS) NO.264/2022/H&FWD
DATED 05.12.2022
Exhibit-P6 A COPY OF THE ORDER NO. G/48/08/NC
DATED 22.05.2023 ISSUED BY THE KERALA
NURSES AND MIDWIVES COUNCIL
Exhibit-P7 A TRUE COPY OF THE ORDER BEARING
U.O.NO. 1101/2023/ACADEMIC/KUHS DATED
21.07.2023 ISSUED BY THE 3RD
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RESPONDENT UNIVERSITY
Exhibit-P8 A TRUE COPY OF THE ORDER BEARING
U.O.NO. 1286/2023/ACADEMIC/KUHS DATED
25.08.2023 ISSUED BY THE 3RD
RESPONDENT UNIVERSITY
Exhibit-P9 A COPY OF THE ONLINE APPLICATION DATED
26.05.2023 SUBMITTED BY THE PETITIONER
Exhibit-P10 A COPY OF THE LETTER BEARING FILE NO.
18-16/4565-INC DATED 04.08.2023 ISSUED
BY THE 2ND RESPONDENT
Exhibit -P11 A TRUE COPY OF THE LETTER
NO.GEN-CON/INC/62/23 DATED 17.08.2023
SERVED BY THE PRINCIPAL OF THE
PETITIONER'S COLLEGE
Exhibit-P12 A COPY OF THE LETTER BEARING FILE NO.
16/8672-INC DATED 29.08.2023 ALONG
WITH ANNEXURE-I ISSUED BY THE 2ND
RESPONDENT
Exhibit-P13 THE COPY OF THE E-MAIL DATED
02.09.2023 SERVED BY THE PETITIONER'S
COLLEGE TO THE INDIAN NURSING COUNCIL
Exhibit-P14 COPY OF THE E-MAIL DATED 04.09.2023
SERVED BY THE PETITIONER'S COLLEGE TO
THE INDIAN NURSING COUNCIL
Exhibit-P15 COPY OF THE E-MAIL DATED 05.09.2023
SERVED BY THE PETITIONER'S COLLEGE TO
THE INDIAN NURSING COUNCIL
Exhibit-P16 THE COPY OF THE E-MAIL DATED
06.09.2023 SERVED BY THE PETITIONER'S
COLLEGE TO THE INDIAN NURSING COUNCIL
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Exhibit-P17 THE COPY OF THE E-MAIL DATED
07.09.2023 SERVED BY THE PETITIONER'S
COLLEGE TO THE INDIAN NURSING COUNCIL
Exhibit-P18 TRUE COPY OF THE NOTICE PUBLISHED FOR
THE BENEFIT OF THE GENERAL PUBLIC
ISSUED BY THE NURSING COUNCIL OF INDIA
BEARING F.NO.28-02/2019-INC DATED
19.12.2020
Exhibit-P19 TRUE COPY OF THE NOTIFICATION ISSUED
BY THE INDIAN NURSING COUNCIL BEARING
F.NO.22-10/NEET/2018-19-INC DATED
06.04.2023
Exhibit-P20 TRUE COPY OF THE CIRCULAR
NO.40680/A3/NSG/ACII/ KUHS/2022 DATED
11.08.2023 ISSUED BY THE 3RD
RESPONDENT UNIVERSITY
Exhibitt-P21 A COPY OF THE INTERIM ORDER DATED
03.08.2023 PASSED BY THIS HON'BLE
COURT IN W.P(C) NO. 20025 OF 2023
Exhibit -P22 A COPY OF THE INTERIM ORDER DATED
05.09.2023 IN W.P(C) NO. 29127 OF 2023
PASSED BY THIS HON'BLE COURT.
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APPENDIX OF WP(C) 34391/2023
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS)NO.263/ 2022/H&FWD DATED
05.12.2022
Exhibit-P2 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS) NO.181/2023/H&FWD DATED
02.08.2023
Exhibit-P3 TRUE COPY OF THE COMMUNICATION BEARING
FILE NO. 18-16/2158-INC DATED
30.09.2023 ISSUED BY THE INDIAN
NURSING COUNCIL
Exhibit -P4 TRUE COPY OF THE COMMUNICATION BEARING
ORDER NO. G.2878/03/NC DATED
30.06.2023 ISSUED BY THE KERALA NURSES
AND MIDWIVES COUNCIL
Exhibit -P5 TRUE COPY OF THE AFFILIATION ORDER
BEARING U.O.NO. 1209/2023/
ACADEMIC/KUHS DATED 14.08.2023 PASSED
BY THE 3RD RESPONDENT UNIVERSITY
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APPENDIX OF WP(C) 34821/2023
PETITIONER'S EXHIBITS
Exhibit P1 A COPY OF THE ORDER DATED 02.05.2023
BEARING G.O (MS.) NO. 105/2023/H&FWD
ISSUED BY THE GOVERNMENT
Exhibit-P2 A COPY OF THE ORDER DATED 27.09.2023
BEARING NO. G.3844/11/NC ISSUED BY THE
KERALA NURSES & MIDWIVES COUNCIL
Exhibit-P3 A COPY OF THE ORDER DATED 08.10.2023
BEARING NO. G.O (MS) NO.
277/2023/H&FWD ALONG WITH ANNEXURE
ISSUED BY THE GOVERNMENT
Exhibit -P4 A COPY OF THE ORDER DATED 12.10.2023
BEARING U.O.NO. 1515/2023/
ACADEMIC/KUHS
Exhibit-P5 TRUE COPY OF THE NOTICE PUBLISHED FOR
THE BENEFIT OF THE GENERAL PUBLIC
ISSUED BY THE NURSING COUNCIL OF INDIA
BEARING F.NO.28-02/2019-INC DATED
09.12.2020 ALONG WITH GUIDELINES
Exhibit-P6 A TRUE COPY OF THE INTERIM ORDER DATED
18.08.2023 PASSED BY THIS HON'BLE
COURT IN W.P(C) NO. 27616 OF 2023
Exhibit-P7 A TRUE COPY OF THE INTERIM ORDER DATED
05.09.2023 PASSED BY THIS HON'BLE
COURT IN W.P(C) NO. 29127/2023
