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Judgment
Devan Ramachandran, J
The petitioner is the Principal of a Nursing College and seek a direction to the 1st respondent - Kerala University of Health Sciences (KUHS) to grant them affiliation for additional intake of ten students for the present batch.
Sri.Kurian George Kannanthanam, learned Senior Counsel instructed by Sri.Thomas George – learned counsel for the petitioner, explained that Ext.P10 has already been issued by the KUHS granting consent of affiliation for the batch with the student strength of 100; but that when his client applied for recognition for the said number, it has now been refused to be acted upon for technical reasons. He, thus prayed that the KUHS be directed to grant affiliation for the additional intake without any further delay, particularly because the admission is to close by 30.10.2022.
Sri.P.Sreekumar – learned Standing Counsel for KUHS, conceded that Ext.P10 had been issued by his client, but argued that this by itself, does not mean that his client is obliged to grant affiliation for the additional intake of students this year itself. He explained that, going by Statute 5(ii)(v) of Chapter XXI of the First Statutes relating to affiliation, a College can obtain the benefit of affiliation for additional intake only when the present batch completes its Course. He pointed out that, originally, the student intake granted to the College was 70, which was enhanced to 90 last year; and therefore, that going by the afore Statute, they will be eligible for a further enhancement of intake only after the said batch completes its Course. He argued that, this norm has been fixed for a salutary purpose, namely, that the University must assess whether the enhanced batch obtains all necessary educational support with the infrastructure and faculty requirements of the College. He, thus prayed that this writ petition be dismissed.
On hearing Sri.P.Sreekumar as afore, I specifically asked him whether the KUHS has a case that the College in question does not have requirements – either infrastructural and faculty - to accommodate 100 students. He submitted that, he does not have instructions in this regard but conceded that the Institution is one of repute, which had been given an enhancement up to 90 last year on account of the said factors. He, however, added that the present scenario can be evaluated only through an inspection.
In the afore context, when one examines Ext.P10, it is clear that the KUHS itself had allowed the petitioner – College to enhance the seats from 90 to 100, but with a condition that the approval for conduct of the Course shall be obtained from the Indian Nursing Council. There is no case that such a consent has been denied by the said Council; and on the contrary, it is evident from Ext.P12 that they have obtained it.
Of course, going by the statutory Scheme as mentioned by Sri.P.Sreekumar, the affiliation for additional intake depends on satisfaction of necessary facilities, which the KUHS normally assesses only after the present batch completes its Course. As already said above, this is for a salutary purpose that the University gets an overall picture as to how the students of the said batch is able to perform, with the infrastructure and faculty requirements provided by the College.
However, since it is without contest that the petitioner – College satisfies all requirements as are necessary, both infrastructurally and from the terms of faculty and other credentials, I am of the firm view that as a matter of singular privilege to them, this Court will be justified in allowing this writ petition. I am persuaded to this view also because the additional intake sought for is only ten, which is a small figure compared to the intake already granted; and the University can very well ascertain through necessary inspection whether this will create any prejudice to the students.
In the afore circumstances and making clear that the directions herein are confined exclusively to the petitioner and to no other – even in analogous circumstances; I order this writ petition and direct the competent Authority of the KUHS to immediately assess the infrastructural and faculty arrangements of the petitioner and if it is found satisfactory, to grant them the additional intake of ten students.
The afore exercise shall be completed, as expeditiously as is possible, but not later than 15.10.2022, so that they can complete their admission by the end of October, 2022. This writ petition is thus ordered.