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Showing contexts for: grant of affiliation in Vinayaka Mission'S College Of Nursing ... vs The Tamil Nadu Nurses And Midwives ... on 23 May, 2006Matching Fragments
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5. The appellant, pursuant to the said letter of the Government of Pondicherry, entered into a deed of taking over, dated 26.6.2002 and took over the control of the management of R.M.College of Paramedical Sciences to impart education in various paramedical courses including B.Sc (nursing) comprising of degree, diploma and certificate courses. On 3.7.2002, the appellant wrote to the first respondent University about the said fact of obtaining permission for taking over from the Government of Pondicherry and requested to grant affiliation for various paramedical courses run by the said R.M.College of Paramedical Courses, which the petitioner Trust had taken over in the name of ' Vijayaka Mission's College of Paramedical Sciences' sponsored by the petitioner Trust. On 5.7.2002, appellant submitted representation and reiterated that permission has been obtained from the Government of Pondicherry for taking over and requested to grant affiliation for eight courses including B.Sc (Nursing). According to the appellant, several further representations were made and the management proceeded to conduct various courses including B.Sc. (Nursing) degree course and students have been admitted from July, 2002 for the academic year 20 02-2003. On 4.12.2002, the appellant submitted a representation to the Registrar, Tamil Nadu Nurses and Midwives Council seeking its recognition for B.Sc (Nursing) degree course and based on the inspection conducted by the said Council, established under the Tamil Nadu Nurses and Midwives Act, it granted temporary recognition to the appellant institution by order dated 4.12.2002 to conduct degree programme in basic B.Sc (Nursing) for the academic year 2002-2003 with an annual intake of 50 students and also made it clear that the first batch of admission of students is permitted in July for the academic year 2002 -2003. In the said recognition order, various conditions were laid down, which were also complied with by the appellant. The appellant pointed out the grant of recognition by the Tamil Nadu Nursing Council before the first respondent and requested the first respondent University to conduct examination for 50 students admitted. However, the first respondent University failed to process the application for affiliation, which resulted in appellant making further representation to the University. On 9.1.2003, the first respondent University requested the petitioner to furnish the original permission granted by the State Government for take-over of the R.M. College of Paramedical Sciences and also took note of the fact that students have been admitted without obtaining affiliation and also adverted to the fact that already a writ petition was filed by the Al Islamic Trust for grant of affiliation, which was subsequently withdrawn by the said institution on 21.3.2003. Appellant had informed the University about the withdrawal of the earlier writ petition filed by the erstwhile management and also furnished all the necessary particulars sought for by the University and also pointed out the grant of no objection by the first respondent University on 17.6.199 to the R.M.College of Paramedical Sciences for four courses. However, the University refused to pass any order on the request for affiliation of the petitioner Nursing College.
6. The appellant, initially filed the writ petition and prayed for a writ of mandamus seeking direction for the first respondent University to forthwith process the application for affiliation in respect of the B.Sc Nursing Course and grant affiliation with effect from the academic year 2002-2003 by holding Page 1914 necessary inspection and observing other formalities, in the light of the permission granted by the Government of Pondicherry and the recognition granted by the Tamil Nadu Nurses and Midwives Council and also the No Objection Certificate issued by the University.
15. A similar issue came up before this Court for consideration in W.P. No. 10850 of 2004 and by order dated 2.9.2004 this Court taking note of the grant of affiliation to several courses to several institutions, irrespective of the belated submission of applications, held as follows,
(vi) The reason for refusal to grant affiliation is not because that there was any deficiency or defect in the infrastructural requirements for running the Institution, in which case, public interest may be stated to be involved. In the present case, the only defect is not having forwarded the application on or before 15th of August of the Previous year. (vii) The situation faced by the petitioner Institution is the outcome of defects in the very system, requiring the approval / permission from various authorities, one after the other. In this case, the petitioner has sought for Essentiality Certificate in the year 2001 itself. If only the applicants are entitled to approach all the authorities simultaneously, as they should be, such anomalous situations could be avoided. For all the above-said reasons and bearing in mind the plight of the students who have been admitted on direction from the Government, the writ petition deserves to be allowed.
The Pondicherry University, viz., the first respondent herein challenged the order of the single Judge made in W.P. No. 10850 of 2004 , in W.A. No. 3393 of 2004 and the same was dismissed by this Court on 30.9.20 04.
16. Mr.S.S.Subramani, J., in W.P. No. 1270 of 1999 dated 22.2.1999 Kousalya Ramamurthy and Ors. v. Pondicherry University, relying on the observation that all the authorities concerned should take simultaneous decision and one authority cannot delay the process and Page 1917 that when once AICTE has granted permission, the Management would be legally entitled to admit the students. In W.P. No. 23925 of 2001 by order dated 22.3.2002 Aarupadai Veedu Medical College v. Pondicherry University, A. Kulasekaran, J. had observed that when once the Central Government has granted permission to admit the students, it was not right on the part of the University to prescribe a different period by rejecting the application for affiliation. In St. Xavier's Educational Trust v. Manonmaniam Sundaranar University and Ors. W.P. No. 20496 of 2000, by order dated 19.12.2000, K.Govindarajan, J. directed the University to grant affiliation for the academic year 2000-2001, though the judgment was rendered on 19.12.2000.