VELAYUDHAN MEMORIAL TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) These four appeals arise out of a common judgment dated 31/03/2010 in four writ petitions. As a matter of fact, five writ petitions were heard and disposed of by the abovementioned judgment. Petitioner in WP (C) No. 35587 of 2009 did not choose to carry the matter any further in appeal. Hence there are only four appeals.

(2.) The legal issue is common to all these appeals though there are factual variations in each of these appeals. The common factual matrix of the appeals is thus, that each of the appellants established an educational institution within the State of Kerala and proposed to impart education in Nursing. In the background of the abovementioned proposal, each of the appellants made applications to the 3rd respondent in WA No. 796 of 2010, i.e., the Indian Nursing Council (hereinafter referred to as 'the National Council'), a statutory body established under the Indian Nursing Council Act, 1947 (for short 'Central Act') which is a body corporate with perpetual succession and common seal and all other incidental powers and privileges of a body corporate.

(3.) On receipt of the applications, the abovementioned 3rd respondent issued proceedings purporting to permit the applicant and declaring the applicant to be suitable for conducting various courses indicated in the corresponding communication addressed to each of the writ petitioners wherein it was also indicated the intake which was permitted with reference to each of the courses (five seats for each branch of the courses). To illustrate, we may extract the relevant portion of Ext. P10 communication in WA No. 796 of 2010. The relevant portion reads as follows: