THIRUMURUGA KIRUPANANDA VARIYAR Vs. PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) ORIGINALLY, W. P. No. 15877/2003 was filed for the issue of a Writ of mandamus directing the 1st respondent University to process the application for affiliation in respect of B. Sc (Nursing)Course and grant affiliation with effect from the academic year 2002-2003 by holding necessary inspection and observing other formalities. Subsequently,the prayer has been amended. As per the amended prayer, the relief sought for is to issue a Writ of Certiorarified Mandamus calling for the records comprised in the proceedings of the 1st respondent University dated 18. 2. 2003 issued in Ref. No. PU/asi/aca-8/26/2002/vmcp/200, dated 11. 4. 2003 issued in Ref. No. PU/as-I/aca-8/26/2002/vmcp/247 and dated 10. 6. 2003 in Ref. No. PU/as-I/aca-8/26/2002/vmcp/274 and quash the same and consequently direct the 1st respondent University to consider and grant affiliation for the B. Sc (Nursing) Course offered by the petitioner for the academic years 2002-2003 and 2003-2004 in the light of the permission granted by the Government of pondicherry, the recognition granted by the Indian Nursing Council and the Tamil Nadu Nurses and Midwives Council Etc. to enable the students to continue the course and undertake all examinations until the completion of the course. In this order, the parties will be referred in the same rank as they are arrayed in W. P. No. 15877/2003.

(2.) THE following facts are necessary to decide the issue in question: the R. M. College of Para-Medical Sciences was established by the Al-Islamic Trust for imparting education in Physiotherapy, Prosthetics and Orthotics, Pharmacy, Optometry, Speech therapy, Radiography, Nursing and M. L. T. The Government of Pondicherry, by proceedings dated 27. 3. 1998 had also granted No Objection Certificate for starting the said institution subject to certain conditions. Subsequently, when the petitioner Trust approached the 1st respondent University for grant of No Objection Certificate to establish the said institute, it was also considered and granted by proceedings dated 17. 6. 1999 for the academic year 1999-2000 only for the following courses (i) B. Pharm (ii) B. P. T (iii) Nursing and (iv) M. L. T. But, when the Al-Islamic Education Trust approached the 1st respondent University for grant of affiliation of the r. M. College of Para-Medical Sciences, the University, by letter dated 21. 1. 2000, rejected the same on the ground that the requirements, as contemplated, in the Academic Ordinance of the university were not satisfied. Consequence of this, the erstwhile Trust filed W. P. Nos. 19646 and 19647 of 2000 challenging the applicability of the provisions of the Pondicherry University academic Ordinance on the ground that the Trust is a minority Trust. Pending the above writ petitions, the said R. M. College of Para-Medical Sciences was taken over by the petitioner Trust by name, Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust and the name of the college was changed as Vinayaka Mission's College of Para-Medical Sciences and by letter dated 11. 6. 2002, the 2nd respondent herein, when permission was sought for the merger of the R. M. College of Paa-Medical Sciences with the petitioner Trust, specifically stated that it does not have any role to play in this regard. But, at the same time, in the said order, it was also clearly stated that the interest of the students already admitted and studying in various courses should be protected. Subsequent to this, by letter dated 5. 7. 2002, the petitioner applied for grant of affiliation for the academic year 2002-2003, but, in the meanwhile, by proceedings dated 4. 12. 2002, the Tamil Nadu Nurses and midwives Council, Chennai has granted temporary recognition to the above said institution subject to the following conditions:

(3.) AS far as W. P. No. 36847/2004 is concerned, it has been filed to issue a Writ of Mandamus directing the 1st respondent University to allow the petitioners who have been admitted in the b. Sc (Nursing) Course in the 3rd respondent institution during the academic year 2002-2003 and who have been permitted to undertake the 1st and 2nd semester examinations by orders of this Hon'ble Court to undertake the 3rd and 4th semester examinations commencing on 15. 12. 2004 or on any other date by issuing necessary examination application form, registration form accepting the registration and examination fees and by issuing hall-tickets and other materials and declare their results.