Kerala High Court
K.V.M.College Of Nursing vs State Of Kerala on 24 September, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 24TH DAY OF SEPTEMBER 2019 / 2ND ASWINA, 1941
WP(C).No.20040 OF 2019(D)
PETITIONER/S:
1 K.V.M.COLLEGE OF NURSING, CHERTHALA, ALAPPUZHA DISTRICT,
REPRESENTED BY THE PRINCIPAL.
2 DR.V.V.PYARELAL, DIRECTOR, K.V.M.TRUST, CHERTHALA,
ALAPPUZHA DISTRICT.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.J.VISHNU
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANGUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR.
3 LAL BAHADUR SASTRI INSTITUTE OF SCIENCE AND TECHNOLOGY,
NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM-695001.
ADDL.R4 THE INDIAN NURSING COUNCIL, REPRESENTED BY ITS SECRETARY,
8TH FLOOR, NBC CENTRE, PLOT NO.2, COMMUNITY CENTRE, OKHILA
PHASE-I, NEW DELHI -110020.
(ADDITIONAL R4 IS IMPLEADED AS PER THE ORDER DATED
08.08.2019 IN IA 1/2019).
R2 BY SRI.P.SREEKUMAR, SC, KERALA UTY.HEALTH AND ALLIED
SCIENCE
R3 BY SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE FOR SCIENCE
AND TECHNOLOGY
R4 BY DR.ABRAHAM P.MEACHINKARA, SC,
SRI.V S R KRISHNA FOR NCI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.09.2019, THE
COURT ON 24.09.2019 DAY DELIVERED THE FOLLOWING:
A.MUHAMED MUSTAQUE, J.
*******************************************************************************
W.P.(C)No.20040 of 2019
*******************************************************************************
Dated this the 24th day of September, 2019
JUDGMENT
The first petitioner, K.V.M. College was established in the year 2002 with an intake capacity of 50 students for B.Sc Nursing programme. The intake capacity was increased from 50 to 60 in the year 2008. In the year 2009, they were also permitted to admit students for the PG Programme in Nursing. The intake capacity was originally determined reckoning bed occupancy of the parent hospital.
2. The Indian Nursing Council formulated guidelines for granting recognition to nursing programmes from the Academic year 2013-2014. As per the guidelines, all Nursing Colleges must have 100 beds in the parent hospital and the bed occupancy of the parent hospital must be 75%. It is also stipulated that 300 bed occupancy is required for admission ranging from 60-100. WPC 20040/2019 -:2:-
3. There was a strike in the petitioners' parent hospital in the year 2017. It appears that the hospital has been partially closed down thereon. The college, thereafter, appears to have been associated with the Taluk Hospital Cherthala, District Government Hospital Alleppey, Lakeshore Hospital Ernakulam, Medical Centre Ernakulam etc.
4. The College is affiliated with the Kerala University of Health Sciences. For continuation of the affiliation for the academic year 2019-2020, the petitioners submitted an application. The University conducted an inspection. Taking note of the bed occupancy in the parent hospital, the University granted permission for an annual intake of only 30 students for B.Sc. Nursing Programme and also decided to reject the application for continuation of provisional affiliation to post basic B.Sc. Nursing and M.Sc. Courses.
5. The petitioners entered into an agreement with the Government for the allotment of students to the programme. The WPC 20040/2019 -:3:- third respondent, on this basis, appears to have allotted 29 students to the B.Sc. Nursing Programme. It is now submitted that the allotment was found irregular and that the candidates so allotted to the petitioners' college in excess of 50% of the allowed total intake have been recalled. However, the learned Standing Counsel fairly submitted that five students in excess of the quota are still continuing.
6. The main plank of challenge in this writ petition is on the ground that the University had not taken into account the bed occupancy of the affiliated hospital. According to the counsel for the petitioners if the bed occupancy of the affiliated hospital is reckoned, there is no difficulty in granting affiliation for 60 intakes in the B.Sc Nursing Programme and other Programmes.
7. The University opposed the prayers of the writ petitioners. According to the University, the inspection revealed that the patient strength was much lower than what is required for 60 intakes. It was submitted that the required strength of bed WPC 20040/2019 -:4:- occupancy is 258 and that what was found was only 108. It was also pointed out that the bed occupancy of the affiliated hospital cannot be reckoned as the petitioners' college was originally granted permission and affiliation based on the parent hospital norm.
8. The learned Standing Counsel Sri.P.Sreekumar argued that original norms of Indian Nursing Council in regard to affiliated hospitals would apply only if the Nursing College does not have a parent hospital. Since the college had a parent hospital, the bed occupancy of the parent hospital alone can be reckoned for the purpose of granting affiliation.
9. In this matter, the Indian Medical Council had filed a counter affidavit. According to them, the institutes were permitted to start Nursing College with affiliation to private or Government hospitals. This was completely changed from the academic year 2013-2014. After 2013-2014, the institutes were required to be affiliated with a parent hospital.
WPC 20040/2019-:5:-
10. Based on the stand of the Indian Nursing Council in respect of the colleges/institutes which were in existence prior to 2013-2014, it is possible to reckon the bed capacity of either the parent hospital or affiliated hospital. The National Council distinguishes Rules for institutes established after 2013-2014 and prior to that. The norm that college should have a parent hospital is applicable to the institutes established only after 2013-2014. Therefore, old Rules that Institutes can have affiliation with parent or affiliated hospital would apply to the institutes established prior to 2013-2014. In such circumstances, I hold that there is no difficulty in granting affiliation to the petitioners' college, taking note of the bed capacity of the affiliated hospital as well.
11. The Indian Nursing Council is constituted by an act of the Parliament called the Indian Nursing Council Act, 1947. They are the superior body to determine the standards of nursing education. In the absence of any superior standards made under the WPC 20040/2019 -:6:- State enactment, the standards fixed by them continue to hold the field.
12. The Indian Nursing Council takes the categorical stand that the parent hospital norm would only come into force prospectively from 2013-2014. If any institute established before that can enjoy the benefit of affiliation with the affiliated hospital, the petitioners' college is also entitled to such benefit.
13. The learned Standing Counsel for the University places reliance on the judgment of the Division Bench of this Court in W.A.No.1725 of 2017. The Division Bench after referring to the regulation was of the opinion that the nursing institution should have 100 beds in the parent hospital. In fact, the issue whether the present regulation or the old regulation is to be followed did not arise in the matter. It is apparent that the Division Bench made reference to the regulations brought during 2013-2014. In the light of the aforesaid regulation, there cannot be any dispute in regard to the requirement of having 100 beds in the parent hospital. In fact, WPC 20040/2019 -:7:- the issue in this case has to be considered in the light of old regulations and not based on the new norms as per the regulations issued in the year 2013-2014.
14. In such circumstances, the impugned order has to be interfered to the extent of it denying affiliation for full strength. The University, after adverting to the bed strength of the affiliated hospital, shall take necessary decision to grant continuation of the affiliation. This shall be done within one week. If the petitioners can make admission for the entire intake to the programmes based on such affiliation, in view of the fact that no further allotments from the Government is possible, such admission shall be completed within a further period of two weeks.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
ms/ln JUDGE
24/09/2019: After pronouncement of the judgment today, the learned Standing Counsel for the third respondent submitted that excess WPC 20040/2019 -:8:- students allotted to the petitioners' college be retained as against the Government quota. In view of the fact that the allotment was based on a Government quota, the petitioners shall retain them in the Government quota. In what manner the quota has to be adjusted can be decided at appropriate stage in future.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WPC 20040/2019 -:9:- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.C.NO.25576/2018 DATED 21.08.2018.
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.C.NO.25576/2018 DATED 28.09.2018.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.C.NO.25576/2018 DATED 12.10.2018.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.C.NO.25576/2018 DATED 18.12.2018.
EXHIBIT P5 TRUE COPY OF THE INSPECTION REPORT DATED 04.12.2018.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 19.02.2019, SEND BY THE REGISTRAR, KUHS TO THE 1ST PETITIONER. EXHIBIT P7 TRUE COPY OF THE GUIDELINES AND MINIMUM REQUIREMENTS TO ESTABLISH B.SC. NURSING COLLEGE, DATED 20.04.2018.
EXHIBIT P8 TRUE COPY OF THE RELEVANT PORTIONS OF THE REGULATIONS FOR BSC NURSING COURSE FIXED BY THE KUHS, DATED 12.05.2017.
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION FROM THE INDIAN NURSING COUNCIL TO THE UNIVERSITY, DATED 20.06.2018.
EXHIBIT P10 TRUE COPY OF THE COMPLIANCE REPORT ALONG WITH ANNEXURES, DATED 27.02.2019.
EXHIBIT P11 TRUE COPY OF THE COMMUNICATION FROM KUHS DATED MARCH OF 2019.
EXHIBIT P12 TRUE COPY OF THE COMPLIANCE REPORT DATED 28.03.2019 WITH ENCLOSURES.
WPC 20040/2019-:10:- EXHIBIT P13 TRUE COPY OF THE LIST OF COLLEGES SANCTIONING FOR BSC NURSING, DATED 04.04.2019 ISSUED BY INDIAN NURSING COUNCIL.
EXHIBIT P13 A TRUE COPY OF THE LIST OF COLLEGES FOR MSC NURSING, DATED 04.04.2019 ISSUED BY INDIAN NURSING COUNCIL. EXHIBIT P13 B TRUE COPY OF THE LIST OF COLLEGES SANCTIONING FOR POST BASIC BSC NURSING, DATED 04.04.2019 ISSUED BY INDIAN NURSING COUNCIL.
EXHIBIT P14 TRUE COPY OF THE ORDER NO.G.5279/10/NC DATED 30.05.2019 ISSUED BY KERALA NURSES AND MIDWIVES COUNCIL.
EXHIBIT P14 A TRUE COPY OF THE ORDER NO.G.508/10/NC DATED 30.05.2019 ISSUED BY KERALA NURSES AND MIDWIVES COUNCIL.
EXHIBIT P14 B TRUE COPY OF THE ORDER NO.G.7459/02/NC DATED 30.05.2019 ISSUED BY KERALA NURSES AND MIDWIVES COUNCIL.
EXHIBIT P15 TRUE COPY OF THE G.O.(MS) NO.90/2019/H&FWD DATED 22.06.2019 ISSUED BY THE GOVERNMENT.
EXHIBIT P16 TRUE COPY OF THE LIST OF AFFILIATED COLLEGES IN THE PROSPECTUS FOR ADMISSION TO BSC NURSING AND PARA MEDICAL COURSES FOR THE ACADEMIC YEAR 2019- 2020.
EXHIBIT P17 TRUE COPY OF THE TENTATIVE SCHEDULE FOR ADMISSION TO PROFESSIONAL DEGREE COURSES IN NURSING AND PARAMEDICAL STREAMS, DATED 22.06.2019.
EXHIBIT P18 TRUE COPY OF THE ORDER NO.2018/15999/ACII/NSG/A2 DATED 09.07.2019 ISSUED BY THE UNIVERSITY. EXHIBIT P19 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST PETITIONER TO THE UNIVERSITY, DATED 10.07.2019 WITH ENCLOSURES.
EXHIBIT P20 TRUE COPY OF THE ORDER DATED 10.10.2018 ISSUED BY THE DMO, ALAPPUZHA.
EXHIBIT P21 TRUE COPY OF THE ORDER DATED 30.11.2018 ISSUED BY THE DMO, ALAPPUZHA.
WPC 20040/2019-:11:- EXHIBIT P22 TRUE COPY OF THE ORDER DATED 06.12.2018 ISSUED BY THE DMO, ALAPPUZHA.
EXHIBIT P23 TRUE COPY OF THE ORDER DATED 19.02.2018 ISSUED BY THE DMO, ALAPPUZHA.
EXHIBIT P24 TRUE COPY OF THE LETTER ISSUED BY THE SUPERINTENDENT, GENERAL HOSPITAL, ALAPPUZHA TO THE DMO ALAPPUZHA DATED 19.07.2019.
EXHIBIT P25 TRUE COPY OF THE LETTER ISSUED BY THE SUPERINTENDENT, GENERAL HOSPITAL, ALAPPUZHA TO THE DMO ALAPPUZHA DATED 22.07.2019.
EXHIBIT P26 TRUE COPY OF THE LETTER ISSUED BY THE SUPERINTENDENT, GENERAL HOSPITAL, ALAPPUZHA TO THE DMO ALAPPUZHA DATED 24.07.2019.
EXHIBIT P27 TRUE COPY OF THE LETTER ISSUED BY THE SUPERINTENDENT, GENERAL HOSPITAL, ALAPPUZHA TO THE DMO ALAPPUZHA DATED 25.07.2019.
EXHIBIT P28 TRUE COPY OF THE PERMISSION GRANTED BY THE CHIEF EXECUTIVE OFFICER OF THE LAKESHORE HOSPITAL DATED 31.07.2018.
EXHIBIT P29 TRUE COPY OF THE LETTER ISSUED BY THE SUPERINTENDENT, GENERAL HOSPITAL, ALAPPZUZHA TO THE DMO ALAPPUZHA DATED 01.08.2019.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(a) TRUE COPY OF THE GUIEDELNES ISSUED BY THE INDIAN NURSING COUNCIL IN THE YEAR 2013-14 EXHIBIT R4(b) TRUE COPY OF THE LETTER DATED 20/6/2018 ISSUED BY THE INDIAN NURSING COUNCIL TO THE REGISTRAR, KUHAS, THRISSUR //TRUE COPY// P.A.TO JUDGE