JOSE KOSHY GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER in W.P.(C) No.25533/2012 is the same as the petitioner in W.P.(C) No.22350/2012. The prayers in the amended Writ Petition No.25533/2012 is as follows:

(2.) VERY briefly put, the case of the petitioner is as follows: Petitioner is an educational agency of a self financing Nursing College by name "Josco College of Nursing". It is affiliated to the 2nd respondent University. It obtained consent of affiliation dated 22.08.2011 for enhancement of seats in B.Sc Nursing course from 50 to 60 for the academic year 2011-2012 and 2012-2013 vide Ext.P1. The Indian Nursing Council vide Ext.P2 dated 27.10.2011 enhanced the number of students to be admitted to 60 for B.Sc Nursing. The Registrar of Kerala Nurses and Midwives Council resolved to accord sanction to admit the 8th batch of B.Sc Nursing in the petitioner's college for 2012-2013 with seat enhancement from 50 to 60. Petitioner, vide letter dated 15.6.2012 requested the 2nd respondent University to give affiliation for the enhancement of seats in B.Sc Nursing course. But, vide Ext.P4 the University required production of No Objection Certificate. Ext.P5 purports to be the Circular dated 22.11.2010 framing guidelines for affiliation of self financing medical/dental/nursing and paramedical institutions. Petitioner filed Writ Petition No.16442/2012 seeking affiliation for the enhanced seats. The Court directed the first respondent to consider and pass orders on the application on merit within one week. Pursuant to the same, vide Ext.P6 the application was rejected. Petitioner preferred W.P.(C) No.19949/2012 which is disposed of by Ext./P7 judgment directing the Government to reconsider the matter after quashing Ext.P6. However, by Ext.P8 the Government has rejected the application for enhancement. Ext.P9 purports to be the certificate issued by St.Gregorious Hospital, Parumala showing the number of inpatients as 230. Ext.P10 purports to be the position of patients in Century Hospital. Ext.P11 purports to be the position certificate by the Medical Superintendent, District Hospital, Mavelikkara. Ext.P12 purports to be a certificate issued from the affiliated hospital Lifeline showing the number of patients. Ext.P13 purports to be the inspection report obtained by the University. Ext.P14 purports to be the inspection report on the basis of the inspection conducted by the University again dated 9.5.2012. Ext.P15 purports to be the inspection proforma. Ext.P16 purports to be an order of the University. Ext.P17 purports to be the order issued by the Information Officer of the University.

(3.) IN this case, petitioner alleges in brief as follows: Apart from making allegations which are common to the writ petition in relation to B.Sc Nursing, it is stated that, Ext.P2 is consent of affiliation for enhancement of one seat in M.Sc Mental as per which the University granted consent of affiliation for M.Sc Child Health Nursing with the sanctioned strength as 4, M.Sc OBG Nursing, sanctioned strength as 4 and enhancement of seats in M.Sc Mental Health Nursing from 3 to 4. Vide Ext.P3 the Indian Nursing Council also granted approval with the number seats shown as 20, Medical Surgical-4, OBG-4, CHN-4, Paediatrics -4, Psychiatric-4 which was valid for affiliation during 2011- 2012. Ext.P4 purports to be the proceedings of the Kerala Nurses and Midwives Council by which sanction was given to the Chairman of the petitioner college in regard to the seats mentioned hereunder. <FRM>JUDGEMENT_1113_TLKER0_2013.htm</FRM> It is also observed thereafter as under: