JOSHY.C. GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is a second round litigation on the same subject matter with a different cause of action. Earlier, the petitioner filed W.P.(C) No. 16442/2012 seeking mainly a direction to grant affiliation to the petitioner's college for enhanced seats, which is approved by Indian Nursing Council, Kerala Nursing Council and Kerala University of Health and Allied Sciences, without insisting NOC of the Government. But in the counter statement, Government expressed its willingness to consider application for NOC for the enhancement of seats from 50 to 60 and the petitioner expressed his willingness to file such an application. In that circumstance, we directed the Government to consider the application, within a specified time, if the application is filed within the stipulated time and accordingly the writ petition was disposed of by Ext.P15 Judgment of this Court. Now the present grievance of the petitioner in this second round of litigation is that the petitioner's application for NOC, pursuant to Ext.P15 order of this Court, has been rejected by Ext.P19 order of the Government on the ground that clinical facilities are inadequate in the parent hospital as well as in affiliated hospitals and Student-Patient ratio is not maintained as per the norms. This writ petition is filed challenging Ext.P19 order on the ground that it is arbitrary, illegal, unsustainable and passed on extraneous considerations.

(2.) BRIEFLY put, the averments in the writ petition are as follows: The petitioner is the Chairman of a self financing Nursing College by name Josco College of Nursing, Panthalam in Alappuzha District. The above college is affiliated to the Kerala University of Health and Allied Sciences and obtained approval from the Indian Nursing Council and the Kerala Nursing Council for conducting M.Sc. and B.Sc. nursing courses. By Ext.P1, the Government of India declared that the aforesaid college is a minority educational institution covered under Article 30 of the Constitution of India.

(3.) THE grievance of the petitioner is that though the petitioner as per letter dated 15-06-2012 requested the second respondent University to give affiliation for enhancement of seats in B.Sc. nursing course; the second respondent as per Ext.P9 letter dated 21-06-2012 informed the petitioner that the application for affiliation to enhancement of seats in B.Sc. nursing course for the year 2012-13 will be considered only on production of No Objection Certificate from the Government of Kerala. The Government of Kerala by Ext.P10 circular issued guidelines for affiliation of self financing medical/ dental/ nursing and paramedical institutions to the Kerala University of Health and Allied Sciences. It is averred that the Government has no power to issue such circular, nor the University has any obligation to obey such directions. That apart, the petitioner's college has already entered into an agreement with the Government regarding admission of B.Sc. Nursing for the academic year 2011-12. The petitioner entered into similar agreement with the Government for the year 2012-13 by Ext.P11. The Government of Kerala by Ext.P11 order dated 30-06-2012 notified the list of self financing colleges which entered into agreement with the Government of Kerala on admission and fee regarding B.Sc. nursing course for the academic year 2012-13. The petitioner's college is also included in Ext.P17 Government order as serial No. 22 with 50 seats.