Kerala High Court
Lisie College Of Nursing vs The State Of Kerala on 1 December, 2020
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 01ST DAY OF DECEMBER 2020 / 10TH AGRAHAYANA, 1942
WA.No.1566 OF 2020
AGAINST THE ORDER DATED 22.10.2020 IN WP(C) 14755/2020(T) OF HIGH
COURT OF KERALA
APPELLANT/PETITIONER IN IA./PETITIONER IN W.P.(C):
LISIE COLLEGE OF NURSING
LISIE HOSPITAL,P.B.NO.3053,
COCHIN-682018,ERNAKULAM DISTRICT,REPRESENTED BY ITS
CHIEF EXECUTIVE TRUSTEE.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.ARUN CHANDRAN
SRI.RIJI RAJENDRAN
SMT.NISHA GEORGE
SRI.J.VISHNU
SRI.VISHNU B.KURUP
SRI.A.L.NAVANEETH KRISHNAN
KUM.CHITHRA P.GEORGE
RESPONDENTS/RESPONDENTS IN I.A./RESPONDENTS IN W.P.(C):
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,,HEALTH AND
FAMILY WELFARE DEPARTMENT,GOVERNMENT
SECRETARIT,THIRUVANANTHAPURAM-695 001.
2 THE INDIAN NURSING COUNCIL,
COMBINED COUNCILS BUILDING,
KOTLA ROAD,TEMPLE LANE,
OPP.MATA SUNDRI COLLEGE,
NEAR I.T.O,NEW DELHI-110 002.
3 KERALA NURSES AND MIDWIVES COUNCIL,
RED CROSS ROAD, JAI VIHAR,
KUNNUKUZHY,THIRUVANANTHAPURAM-695
035,REPRESENTED BY ITS REGISTRAR.
4 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANGUNNATHUKAVU,MEDICAL COLLEGE.P.O,
THRISSUR-680 596,
REPRESENTED BY BY ITS REGISTRAR.
R4 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
SRI.M.A.ASIF, SPL GP FOR R1,
SRI.N.REGHURAJ, SC FOR R3,
SRI.P.SREEKUMAR, SC FOR R4
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2020,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A No. 1566/2020 :2:
Dated this the 1st day of December, 2020.
JUDGMENT
S. MANIKUMAR,CJ.
Being aggrieved by the interim order dated 22.10.2020 in I.A.No. 1 of 2020 in W.P.(C) No. 14755 of 2020, instant writ appeal is filed.
2. The operative portion of the said order reads thus:
3. The learned Standing Counsel for the 3 rd respondent Kerala Nurses and Midwives Council would point out, as stated in paragraph 3 of the counter affidavit filed by the said respondent, as per Ext.P22 order, the 3rd respondent Council resolved to accord sanction to enhance the number of seats in the B.Sc. Nursing Programme in the petitioner institution from 50 to 70, during the academic year 2019-20, with a rider that the management should strictly follow the guidelines of the Government and the University for conducting the programme. In connection with grant of sanction for enhancement of seats, the petitioner College was inspected by the Inspectors appointed by the 3 rd respondent, on 04.09.2019. After verification of the factual report of the Inspectors, the Scrutiny Committee of the Council on 17.09.2019, reported certain deficiencies in the facilities provided in the petitioner College. In the light of the said report, the 3 rd respondent had issued Ext.P23 letter, requiring the petitioner college to rectify those deficiencies. The petitioner college was further directed to effect admission to the enhanced seats only after rectification of the said defects. As stated in the counter affidavit, the petitioner college has not rectified the deficiencies pointed out in Ext.P23. Therefore, the claim of W.A No. 1566/2020 :3: the petitioner college for enhancement of intake for B.Pharm Course from 70 to 150 can be entertained only after the college rectifies the deficiencies pointed out in Ext.P23, to the satisfaction of the 3 rd respondent.
4. The learned Standing Counsel for the 4 th respondent University would submit that when the approval granted by the 3 rd respondent is only for an intake of 70 seats in B.Sc Nursing course, and the petitioner college is yet to rectify the deficiencies pointed out in Ext.P23, the petitioner cannot be permitted to submit an application before the University for enhancement of the intake above 70.
5. Having considered the submissions made by the learned counsel on both sides, this Court finds that even in respect of annual intake of 70 seats for B.Sc Nursing course, the 3 rd respondent has found certain deficiencies in the petitioner college as evident from Ext.P23, and as submitted by the learned Standing Counsel for the 3 rd respondent, the petitioner is yet to rectify those deficiencies. In such circumstances, the petitioner institution cannot be permitted, by way of an interim order, to submit an application before the 4 th respondent University for enhancement of intake above 70 seats.
Therefore, I find no reason to grant the interim relief sought for in this interlocutory application, which is, accordingly, dismissed."
2. On this day, when the matter is taken up for hearing, by inviting the attention of this Court to Ext.P43 order dated 27.08.2020, Sri. George Poonthottam, learned Senior Counsel for the appellant, submitted that pursuant to the decision of the Kerala University of Health Sciences, inviting applications for starting new colleges/additional W.A No. 1566/2020 :4: courses/enhancement of seats for the academic year 2021-2022 for Nursing Courses, an application was made. The last date for the submission of on-line application with requisite documents and fee is 31.12.2020. However, one of the documents to be enclosed along with the application by the existing affiliated colleges is essentiality certificate from the Government of Kerala. The portal of the University is not accepting the application in the absence of the essentiality certificate from the Government of Kerala.
3. Sri. P. Sreekumar, learned Standing Counsel for the University, submitted that now the University does not insist production of the essentiality certificate from the Government of Kerala for the enhancement of seats for the academic year 2021-2022 for nursing courses.
4. Perusal of the interim order shows that it was on the basis of the submission made by the learned Standing Counsel for the Kerala Nurses and Midwives Council that the interim order is passed. The defects noted by the Kerala Nurses and Midwives Council, Thiruvananthapuram in Ext. P23 order dated 26.09.2019 reads thus:
W.A No. 1566/2020 :5:
No. G.11571/2019/NC Date: 26.09.2019 To, The Principal, Lisie School of Nursing, Lisie Hospital, Ernakulam Madam,
Subject: KNMC-Lisie College Ernakulam -BSc Nursing, GNM-seat enhancement-curing of defects-Regarding.
Reference:
1. Letter of Chief Executive Trustee Ernakulam Lisie Medical & Educational Institutions 66/2019 dated 20.09.2019.
2. Report dated 04.09.2019 of the Inspectors of KNMC.
3. Report dated 17.09.2019 of the scrutiny committee of the KNMC.
4. Decision No.2 dated 25.09.2019 of the KNMC.
As per ref (1) application for seat enhancement from 50 to 70 in the 2019- 20 academic year, the inspectors after inspection on 04.09.2019 had submitted report. The KNMC scrutiny committee which met on 17.09.2019 had reported certain deficiencies in the said report.
As per ref(4) decision of the KNMC In the meeting on 25.09.2019, it was decided to issue permission for seat enhancement on the condition that defects noted by the scrutiny committee and stated below are rectified before admission process is started in the enhanced seats.
As per the guidelines of the Indian Nursing Council, (1) All Laboratories should be maintained in a proper manner. (2) Hostel with proper facilities for students should be provided. (3) When GNM course is stopped or seats reduced, the excess teaching staff should be appointed in the Nursing College in 1:10 teacher student ratio.
Therefore, on the basis of the council decision, a compliance report W.A No. 1566/2020 :6: rectifying the above three defects should be submitted before the Council by the Principal before admission is started.
It is informed that after admission process is complete, the KNMC can at any time conduct surprise inspection in the College and take action including withdrawal of recognition if defects are noted.
Yours faithfully, sd/-
Dr. Saleena Sha, Registrar."
5. Sri. N. Reghuraj, learned Standing Counsel for the Kerala Nurses and Midwives Council, submitted that the Nursing Council has to issue a certificate, in respect of the facilities maintained by the Institution which has got a relevance in the issue in question. However, the Standing Counsel for the University submitted that the University would receive the application to be submitted by the appellant for the enhancement of the seats for the academic year 2021-2022 for nursing course, without an essentiality certificate from the Government of Kerala. It is also submitted that portal has been arranged in such a manner to receive applications without essentiality certificate. The said submission made by the learned Standing Counsel for the Kerala University of Health Sciences is recorded.
6. As rightly contended by Sri. George Poonthottam, learned W.A No. 1566/2020 :7: Senior Counsel for the appellant, processing the application for the enhancement of seats can only after receipt. The permission to be granted by the Nursing Council for the enhancement of seats is only a subsequent event, and that the receipt of application in terms of Ext. P43 dated 27.08.2020 except the essentiality certificate, need not be denied.
7. In the light of the above discussion, we direct respondent No.4 to receive the application submitted by the appellant college for enhancement of seats for the academic year 2021-2022. On receipt of the application, the University shall process the same in accordance with the provisions of Kerala University of Health Sciences Act, 2010, Rules and Regulations and in accordance with law.
8. A perusal of the directions contained in Ext.P43 dated 27.08.2020 also shows that the hard copy of the application submitted on-line along with the attested copies of the document mentioned in the list in Appendix A should be submitted to the University on or before 5 p.m of 05.01.2021.
9. In the light of the above discussion, we are inclined to interfere with the impugned interim order. We make it clear that the appellant has a right to submit the hard copy of the application submitted on-line along with the documents. In the light of the submission made by the learned Standing Counsel for the University, hard copy of the application submitted on-line be received along with the attested copies of the W.A No. 1566/2020 :8: documents, except the essentiality certificate from the Government, mentioned in Annexure A. Accordingly, this writ appeal is allowed as above.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv W.A No. 1566/2020 :9: APPENDIX APPELLANT'S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE ORDER
U.NO.2018/1345/ACII/NSG/A2, DATED 08.10.2020
ISSUED BY THE UNIVERSITY.
RESPONDENTS' EXHIBITS: NIL
/True Copy/
PS TO Judge.
rv