ST.JOSEPH SCHOOL OF NURSING Vs. DIRECTOR

JUDGEMENT

(1.) The writ petitioner is a Nursing School. It was started in the year 2000. The State Government granted permission vide G.O.No. 303 Health and Family Welfare Department dtd. 21/8/2000. The Tamil Nadu Nurses and Midwives Council and Indian Nursing Council also granted permission to the writ petitioner to conduct three years course in Diploma in Nursing. In fact, the permission was given only in favour of the third respondent, Dr.Evalin Arasi. It appears that she entered into an agreement with one Sivakumar and allowed him to run the institution. The college was closed in the year 2010 and renewal was obtained during 2015-2016. The petitioner states that the first batch of students have completed the course successfully and the remaining students are still studying in the institution.

(2.) In the meanwhile, dispute had arisen between the building owner and the present management. O.S.No.337 of 2017 has been filed by the petitioner against the building owner. Further, the Tamilnadu Nurses and Midwives Council had withheld admission for the year 2018-2019. At this stage, the second respondent after conducting an inspection found that there are no proper facility for the existing students and that they are decided to recommend the Board to transfer them. In this regard, a notice dtd. 15/10/2018 was issued by the second respondent. The petitioner is said to have given a reply on 22/11/2018. Not satisfied with the same, the impugned order dtd. 4/1/2019 has been passed transferring the second and third year students numbering 12 and 10 respectively to another institution. Certain directions with regard to refund of fees have also been made. This order is challenged by the writ petitioner on the grounds mentioned in the affidavit filed in support of this petition.

(3.) The learned counsel appearing for the writ petitioner reiterated all the grounds. This Court also heard the learned counsel appearing for the respondents and also the learned counsel for the students who wanted to implead themselves.