NATIONAL MEDICAL EDUCATIONAL CHARITABLE TRUST Vs. KERALA NURSING

JUDGEMENT

(1.) The petitioner trust has filed this Writ Petition, challenging the order of the 1st respondent Kerala Nurses and Midwives Council, declining to grant approval for its School of Nursing, for the academic year 2O05-06. The brief facts of the case, as stated by the petitioner, are the following :

(2.) The petitioner has obtained a No Objection Certificate from the Kerala Government, for establishing a Nursing School, as per Ext.P1 order dated 13.06.2005. It took a three storeyed rented building with a floor area of 14000 sq.ft. at Perumapadappa Panchayat in Malappuram district, for starting the Nursing school during this academic year itself. It has already purchased a plot of 7.04 acres in Thirumittakode Panchayat to construct the building to house the Nursing School. It has provided all requisite facilities like four class rooms, laborataries for Nursing Practice, Community Practice, Nutrition Laboratory, Audio Visual Aids, Fundamental and Anatomy Laboratories, rooms for the Principal and the Vice-Principal, Library, Reading room and Tutors' room etc., as per the norms of the Indian Nursing Council, in the said building. The petitioner moved the third respondent Indian Nursing Council for permission to start the Nursing School. The details of the facilities available, which were furnished before the Indian Nursing Council, are contained in Ext.P2. The petitioner has cited Santhi Nursing Home, Punnayurkulam, Arafa Hospital, Changaramkulam and K.V.M. Medical Centre, Perumpadappa, with 100 beds each and situated within a distance of 8 kms., as the parent/affiliated hospitals. The consent letters given by those hospitals are produced as Ext.P3 series. The 3rd respondent Indian Nursing Council made an inspection of the facilities provided by the petitioner and granted permission to it, for starting the General Nursing and Midwifery Programme, with an intake of 20 students. Ext.P4 is the communication issued by the Council to the petitioner. The Council simultaneously wrote to the State Government and to the 1st respondent, Kerala Nursing and Midwifery Council about the permission granted by it, to the petitioner. The permission contained in Ext.P5 was subject to the stipulation that the petitioner should get approval of the State Nursing Council and the Board. The Board mentioned therein, is the Examination Board. Pursuant to Ext.P5, the petitioner moved the 1st respondent for approval, for starting the Nursing School, during this academic year itself. The said respondent, after inspecting the facilities provided by the petitioner, issued Ext.P6 communication dated 28.10.2005, pointing out four deficiencies to be cured, for granting approval. Aggrieved by Ext.P6, the petitioner preferred Ext.P7 representation before the 1st respondent and along with that, Ext.P8 list of newly appointed staff and Head Nurses in the parent/affiliated hospitals, was also attached. The Nursing Council has fixed 30.11.2005 as the last date for admission to the Nursing Course, during this academic year. Therefore, aggrieved by Ext.P6, this Writ Petition is filed. According to the petitioner, Ext.P6 is ultra vires of the powers of the 1st respondent.

(3.) The petitioner has all the prescribed infra-structure and hospital facilities. Santhi Nursing Home is shown as the parent hospital. Therefore, the objection that there is no parent hospital for the petitioner, is not correct. Thirumittakode Panchayat, where the School building is going to be constructed, though, in Palakkad district, is a Panchayat, boardering Malappuram district. The distance between the present school and the new building is only 20 kms. The absence of an own building is not a deficiency, in terms of the provisions of the Indian Nursing Council Act, 1947, or the Regulations framed thereunder, for starting a Nursing School. The dearth of qualified teachers, has been taken care of, by making fresh appointments to those posts. Ext.P8 will prove the same. The physical and clinical facilities available in the Nursing School, are to be certified by the Indian Nursing Council. The State Nursing Council can lay down the guidelines and regulations, concerning academic matters only. On the above grounds, the petitioner seeks to quash Ext.P6 and prays for consequential reliefs.