Welcare Medical and Educational Trust vs State of Kerala and Others

T.R. Ramachandran Nair, J.—The petitioner herein seeks for a direction to the University to grant affiliation for conducting the course in B.Sc. Nursing. The petitioner has already been granted NOC by the State Government as per Ext.P5. The proceedings of the Nursing Council of Kerala has been produced as Ext.P10, whereby they are allowed to have an intake of 40 students.

The application submitted by the petitioner for affiliation before the 4th respondent University was forwarded to the third respondent University. Pointing out that the same is not in the format prescribed, Ext.P11 reply was given by the third respondent. Thereafter, the petitioner submitted Ext.P12 application in the format prescribed pursuant to the interim order passed by this Court and the required fee has also been remitted.

Learned Counsel for the petitioner submitted that in the light of the directions issued by a Division Bench of this Court in W.A. No. 1715/2010 and connected cases, the petitioner is also entitled for a similar treatment.

The Division Bench considered similar questions concerning affiliation by the 3rd respondent-University and ultimately the following directions have been issued in para 5 of the judgment:

We therefore allow writ appeals 1716 and 1717 of 2010 directing the University to entertain applications already filed and consider the same for affiliation for the new courses. Here again since these colleges are already affiliated nursing colleges, we direct the University not to decline affiliation on technicalities but to grant affiliation with direction to colleges to make up for deficiencies in infrastructural or instructional facilities if found lacking. Since the time is up for current academic year and since prima facie eligibility is established through approvals obtained both from Central and State Nursing Councils, appellants are permitted to admit students on provisional basis without waiting for final affiliation by University which will certainly take a few months time.

Since the point raised by the petitioner herein is also covered by the directions issued by the Division Bench in the above judgment, Ext.P7 is quashed. Therefore, there will be a direction to the respondent University to consider Ext.P12 application for grant of affiliation. In the meanwhile, the petitioner will be allowed to admit students on a provisional basis without waiting for final affiliation by the University. It is made clear that all the directions contained in the judgment of the Division Bench will govern this case also.

The writ petition is allowed as above. No costs