High Court disposed of two concurrent writ petitions challenging admissions to B.Sc. and M.Sc. nursing courses, leaving all substantive issues open without further orders since admission was completed.
Interim order made absolute; writ petition disposed of; all issues left open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA, 1940
WP(C).No. 25576 of 2018
PETITIONERS:
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 ADV. SRI.GEORGE POONTHOTTAM
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES MULANGUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR-680596, REPRESENTED BY ITS REGISTRAR.
*ADDL.R3 LAL BAHADUR SASTRI INSTITUTE OF SCIENCE AND TECHNOLOGY
***(ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 08/10/2018)**
BY ADVS. SMT.SHAMEENA SALAHUDHEEN SRI.P.SREEKUMAR, SC,KERALA UTY.HEALTH AND ALLIED SCIENCE SMT.SHAMEENA SALAHUDHEEN FOR ADDL R3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2018, ALONG WITH WP(C).26852/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25576/18 & Con. Case 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA, 1940
WP(C).No. 26852 of 2018
PETITIONER:
DR. JOSE KOSHY GEORGE AGED 58 YEARS, CHAIRMAN, JOSCO MULTI-SPECIALITY HOSPITAL & EDUCATIONAL INSTITUTIONS, JOSCO JUNCTION, IRANIKUDY POST, EDAPPON,PANDALAM, ALAPPUZHA DISTRICT.
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENTS:
1
STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE KERALA UNIVERSITY OF HEATH SCIENCES MULANGUNNATHUKAVU, MEDICAL COLLEGE P.O, THRISSUR - 680 596,REPRESENTED BY ITS REGISTRAR.
*ADDL.R3 LAL BAHADUR SASTRI INSTITUTE OF SCIENCE AND TECHNOLOGY, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM.
***(ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 08/10/2018)**
BY ADVS. SMT.SHAMEENA SALAHUDHEEN SRI.P.G.GANAPPAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2018, ALONG WITH WP(C).25576/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25576/18 & Con. Case
3
JUDGMENT
[ WP(C) 25576/2018, WP(C).26852/2018 ]
In the light of the interim order passed by this court on 12.10.2018 no further orders are required in the matter as the admission to the courses is over. Making the interim order as absolute and leaving open all the issues, this writ petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
SKK/ad/181218
WP(C).No.25576/18 & Con. Case
4
APPENDIX OF W.P.(c)25576 OF 2018
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE SHOW CAUSE NOTICE NO.13325/ACII/NSG/AI/KUHS/2017 DATED 10.05.2018 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE COMMUNICATION DATED 19.03.2013 ISSUED BY THE INDIAN NURSING COUNCIL |
| EXHIBIT P3 | TRUE COPY OF THE ORDER NO.G.5279/10/NC DATED 09.07.2018 PASSED BY THE KERALA NURSES & MIDWIVES COUNCIL |
| EXHIBIT P4 | TRUE COPY OF THE ORDER NO.G.7459/02/NC DATED 09.07.2018 PASSED BY THE KERALA NURSES & MIDWIVES COUNCIL |
| EXHIBIT P5 | TRUE COPY OF THE ORDER NO.G.508/10/NC DATED 09.07.2018 PASSED BY THE KERALA NURSES & MIDWIVES COUNCIL NO.13325/ACII/NSG/AI/KUHS/2017 DATED 10.05.2018 |
| EXHIBIT P6 | TRUE COPY OF THE COMMUNICATION NO.KVM CON/KUHS/SHOW CAUSE/2018 ISSUED BY THE 1ST PETITIONER DATED 14.05.2018 |
| EXHIBIT P7 | TRUE COPY OF THE NOTICE NO.17772/2017/ACII/NSG/A3 DATED 17.05.2018 ISSUED BY THE RESPONDENT UNIVERSITY |
| EXHIBIT P8 | TRUE COPY OF THE WRITTEN SUBMISSION/COMMUNICATION DATED 28.05.2018 ISSUED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT UNIVERSITY |
| EXHIBIT P10 | TRUE COPY OF THE E-MAIL COMMUNICATION WITH UNDERTAKING SENT BY THE 2ND RESPONDENT UNIVERSITY DATED 23.07.2018 |
| EXHIBIT P11 | TRUE COPY OF THE COMMUNICATION F.NO.18-16/PVT ASSOC./2018-INC DATED 20.06.2018 ISSUED BY THE INDIAN NURSING COUNCIL |
| EXHIBIT P12 | TRUE COPY OF THE REVISED SCHEDULE OF ALLOTMENT OF B.SC NURSING AND PARAMEDICAL DEGREE COURSES, ISSUED BY THE GOVERNMENT, DATED 23.08.2018 |
| EXHIBIT P13 | TRUE COPY OF THE EMAIL RECEIVED FROM THE UNIVERSITY DATED 14.09.2018, TIMED 12.50 PM. |
| EXHIBIT P14 | TRUE COPY OF THE UNDERTAKING SUBMITTED BY THE |
WP(C).No.25576/18 & Con. Case
5
| PETITIONER | BEFORE THE UNIVERSITY DATED 14.09.2018 | ||
|---|---|---|---|
| EXHIBIT | P15 | TRUE COPY M.S. AS SE ALONG WITH |
OF THE APPOINTMENT ORDER OF MRS. BIYAMOL NIOR LECTURER IN THE PETITIONER COLLEGE JOINING REPORT DATED 15.09.2018 |
| EXHIBIT | P16 | TRUE COPY LBS REGARD 15.09.2018 |
OF THE LETTER SEND BY THE UNIVERSITY TO ING ALLOTMENT IN B.SC. NURSING DATED |
| EXHIBIT | **P16(A) ** | TRUE COPY DIRECTOR C REGARDING 15.09.2018 |
OF THE LETTER SEND BY THE UNIVERSITY TO OMMISSIONER OF ENTRANCE EXAMINATIONS ALLOTMENT IN M.SC. NURSING DATED |
| EXHIBIT | P17 | TRUE COPY 18.09.2018 |
OF THE CG.O.(RT)NO.2870/2018/H&FWD DATED |
| EXHIBIT | P18 | TRUE COPY ISSUED BY |
OF THE LETTER NO.17772/2017/ACII/NSG/A3 THE UNIVERSITY DATED 24.09.2018 |
| EXHIBIT | P19 | TRUE COPY 25.09.2018 |
OF THE G.O.(RT)NO.2952/2018/H&FWD DATED |
| EXHIBIT | P20 | TRUE COPY 20.08.2018 |
OF THE G.O.(RT)NO.2630/2018/H&FWD DATED |
| RESPONDE | NTS' E | XHIBITS: |
NIL |
WP(C).No.25576/18 & Con. Case
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APPENDIX OF W.P.(c)26852 OF 2018
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF ORDER NO.10128/AC-C/2016 DATED 24.10.2017 PASSED BY THE RESPONDENT UNIVERSITY |
|---|---|
| EXHIBIT P2 | TRUE COPY OF COMMUNICATION NO.G/4373/05/NC DATED 14.05.2018 ISSUED BY THE KERALA NURSES AND MIDWIVES COUNCIL |
| EXHIBIT P2(A) | TRUE COPY OF COMMUNICATION NO.G.7089/08/NC DATED 14.05.2018 ISSUED BY THE KERALA NURSES & MIDWIVES COUNCIL |
| EXHIBIT P3 | TRUE COPY OF THE COMMUNICATION NO.17772/2017/ACII/NSG/AD DATED 17.05.2018 ISSUED BY THE RESPONDENT UNIVERSITY |
| EXHIBIT P4 | TRUE COPY OF COMMUNICATION/REPLY REF.114/EX/18 SUBMITTED TO THE REGISTRAR OF THE UNIVERSITY |
| EXHIBIT P5 | TRUE COPY OF COMMUNICATION NO.2017/12991/ACII/NSG/AI DATED 29.05.2018 ISSUED BY THE RESPONDENT UNIVERSITY |
| EXHIBIT P6 | TRUE COPY OF THE COMMUNICATION NO.17772/2017/ACII/NSG/A3 DATED 18.07.2018 ISSUED BY THE RESPONDENT UNIVERSITY |
| EXHIBIT P7 | TRUE COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENT UNIVERSITY ALONG WITH THE ENCLOSED UNDERTAKING |
| EXHIBIT P8 | TRUE COPY OF THE COMMUNICATION F.NO.18-16/PVT ASSOC./2018-INC DATED 20.06.2018 |
| EXHIBIT P9 | TRUE COPY OF THE COMMUNICATION NO.8818/ACII/NSG/A3/KUHS/2017 DATED 30.07.2018 WITH ENCLOSED LIST OF COLLEGES |
RESPONDENTS' EXHIBITS: NIL
K.V.M. COLLEGE OF NURSING
DR.V.V. PYARELAL
STATE OF KERALA
KERALA UNIVERSITY OF HEALTH SCIENCES
LAL BAHADUR SASTRI INSTITUTE OF SCIENCE AND TECHNOLOGY
DR. JOSE KOSHY GEORGE AGED 58 YEARS
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
