DIRECTOR L F HOSPITAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The question involved in these writ petitions is the same, - it is whether respondents have power to regulate admissions to private Nursing Schools, run by minority communities. The notification impugned in all the writ petitions, is the notification, 'Ext. P1 in O.P. No.10229/89.

(2.) Petitioners represent Nursing Schools, established and administered by a minority community, namely the Christian Community. Taking power under Sub-s.(1) of S.36 of the Travancore -Cochin Nurses & Midwives Act 10 of 1953, as amended by Act 15 of 1961 and Act 14 of 1964, the Kerala Nurses & Midwives Council issued Ext. P1 notification dated 29-11-1989, regulating admissions to Nursing Schools. S.36 of the Act, enables the Council to make regulations:

(3.) The regulations are challenged on the grounds, that they are ultravires of the powers under S.36, that they are void by reason of repugnancy, and that they are violative of the fundamental right guaranteed to minority communities under Art.30 of the Constitution to establish and maintain, educational institutions. It is submitted that S.36 of the State Act, unlike S.16 of the Central Act confers power only to make regulations in respect of enumerated purposes. S.16 of the Central Act, enables the Council to make regulations: