Kerala High Court
Nightingale College Of Nursing vs Kerala University Of Health Sciences on 28 October, 2015
Author: A.M. Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 23RD DAY OF AUGUST 2016/1ST BHADRA, 1938
WP(C).No. 20681 of 2016 (I)
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PETITIONER(S):
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NIGHTINGALE COLLEGE OF NURSING,
NEDUMANGAD, THIRUVANANTHAPURAM 695 561,
REPRESENTED BY ITS PRINCIPAL.
BY ADV. SRI.MILLU DANDAPANI
RESPONDENT(S):
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1. KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHU KAVU, THRISSUR 680 596,
REPRESETNED BY THE REGISTRAR.
2. THE REGISTRAR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHU KAVU, THRISSUR 680 596.
BY ADV. SRI.P.SREEKUMAR,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23-08-2016, ALONG WITH WPC.NO.26463/2016, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 20681 of 2016 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE CIRCULAR NO. 2015/3941/AC-H/HUHS DATED
28.10.2015
P2 TRUE COPY OF THE LIST OF STUDENTS ADMITTED TO THE B.SC NURSING
COURSE IN THE PETITIONER COLLEGE FOR THE ACADEMIC YEAR 2015-16
P3 TRUE COPY OF THE LETTER NO. 529/NCN/15 DATED 12.11.2015
ADDRESSED BY THE PETITIONER TO THE 1ST RESPONDENT
P4 TRUE COPY OF THE LETTER NO.17279/AC/C/15 DATED 4.1.2016 BY THE
1ST RESPONDENT TO THE PETITIONER
P5 TRUE COPY OF THE COMPLAINT NO.114/2016 FILED BEFORE TEH HON'BLE
KERALA LOK AYUKTA, THIRUVANANTHAPURAM
P6 TRUE COPY OF THE STATEMENT OF THE PETITIONER IN COMPLAINT
NO.114/2016 D FILED BEFORE THE HON'BLE LOK AYUKTA,
THIRUVANANTHAPURAM DATED 15.2.2016
P7 TRUE COPY OF THE STATEMENT OF THE 1ST AND 2ND RESPONDENTS IN
COMPLAINANT NO.114/2016 D FILED BEFORE THE HONOURABLE LOK
AYUKTA, THIRUVANANTHAPURAM DATED 29.2.2016
P8 TRUE COPY OF THE NOTIFICATION NO. F.NO.1-6/2013-INC DATED
7.11.2013
P9 TRUE COPY OF THE JUDGMENT IN COMPLAINT NO.114/2016D DATED
10.5.2016 PASSED BY THE HON'BLE LOK AYUKTA
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.M. SHAFFIQUE, J.
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W.P.(C).Nos.20681 & 26463 of 2016
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Dated this, the 23rd day of August, 2016
J U D G M E N T
These two writ petitions have been filed with reference to the very same issue and hence these are heard and disposed of together.
2. W.P.(C).No.20681/2016 is filed by the petitioner College seeking for a direction to the 1st respondent University to register the students admitted in the College as per Ext.P2 list and for quashing Ext.P4 by which, the University has informed the petitioner that the students have to be discharged before 15.01.2016. In Ext.P4 it was mentioned that the request of the College to extend the cut off date of 31.10.2015 and give permission to enter the basic data of B.Sc (Nursing) students of 2015 admission, has been rejected.
3. W.P.(C).No.26463/2016 has been filed by students who got admission to the said College. According to them, they were all admitted prior to the cut off date of 31.10.2015 and on account of some mistake committed by the College authorities in uploading the details of their admission to the University, their right to continue the studies should not be curtailed and hence they sought for a direction to quash Ext.P3, which is same as Ext.P4 in W.P.(C). No.20681/2016 and for a direction to declare that the University is W.P.(C).Nos.20681 & 26463 of 2016 2 bound to register and enroll the petitioners in the degree batch of B.Sc (Nursing) Degree 2015.
4. The short facts involved in these two writ petitions would disclose that the College admitted 50 students for Nursing Course during the academic year 2015-16. As per the directions issued by the Indian Nursing Council, admissions are to be closed before 31.10.2015 as evident from Ext.P7 in W.P.(C).No.20681/2016. On account of certain reasons beyond the control of the College, the details of the students who had been admitted was not uploaded to the University website, as a result of which the University refused to grant permission to register the students with the University.
5. The learned counsel appearing for the University submits that if at all there is any difficulty in uploading the particulars regarding the admission on or before 31.10.2015, an option was given to all the managements to submit hard copy on the very next working day. That opportunity also had not been availed of by the petitioner and it was at a later stage that is by 12.11.2015 that a request has been made for extension of time, which was considered by the Governing Council and has been rejected in terms of the impugned letter. It is therefore stated that the once the period has already expired, there is no reason why the College should be permitted to get the period extended, especially when the last date has been fixed by the Indian Nursing Council. W.P.(C).Nos.20681 & 26463 of 2016 3
6. From the facts on record and after hearing the learned counsel on either side, it is rather clear that there had been some deficiency on the part of the College in uploading the admission particulars of the students to the University. A perusal of Ext.P2 series produced in W.P.(C).No.26463/2016 clearly indicates that all the admissions were given to the petitioners/students prior to 31.10.2015. In such circumstances, there is no fault on the part of the students in getting the admissions and even the College in admitting the students. However, the mistake committed by the College was in regard to the deficiency in uploading the details of admission to the University. In fact such a measure had been adopted by the University to prevent unauthorised admissions after the cut off date, which has to be scrupulously followed by all concerned. In this case there is clear deficiency on the part of the College. But the fact remains that all the students as referred to in Ext.P2 series in W.P.(C).No.26463/2016 have been admitted much prior to the cut off date. Under such circumstances, if appropriate directions are not issued to the University to register those students, it will amount to serious hardship to those students, who had continued the studies until now.
7. However, on account of the mistake committed by the College in carrying out their obligation within the specified time, it is also necessary to impose certain cost on them, so that the same W.P.(C).Nos.20681 & 26463 of 2016 4 shall be treated as a deterrent measure to avoid such mistakes in future.
Having regard to the aforesaid factual situation, these writ petitions are disposed of as under :
1. W.P.(C).Nos.20681/2016 & 26463/2016 are allowed.
2. The College shall furnish the details to the University with the list of candidates along with the details of payment they have made before 31.10.2015, within two weeks from the date of receipt of a copy of this judgment.
3. The College shall further pay a cost of 50,000/-
(Rupees Fifty thousand only) to the University as compensation, within the aforesaid period.
4. On the College complying with the above requirement, the University is directed to register the students whose admissions have been completed prior to 31.10.2015 as evident from Ext.P2 series (WP(C) No.26463/2016).
Sd/-
A.M. SHAFFIQUE, JUDGE AV