Petitioner Nursing College sought NOC to start GNM course for 2021-22. Court directed State Government to decide on pending application within 15 days to enable final inspection.
Direction to the 1st respondent to pass appropriate orders on the petitioner's application for NOC within 15 days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 7TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA, 1943
WP(C) NO. 16799 OF 2021
PETITIONER:
SREE ANJANEYA COLLEGE OF NURSING, MALABAR MEDICAL COLLEGE CAMPUS, MODAKKALLUR P.O, ATHOLI, CALICUT-673 321, REPRESENTED BY ITS CHAIRMAN- V. ANILKUMAR.
BY ADVS. S.VINOD BHAT ANAGHA LAKSHMY RAMAN GREESHMA CHANDRIAKA.R
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM-695 001
2 INDIAN NURSING COUNCIL, 8TH FLOOR, NBCC CENTRE, PLOT NO.2, COMMUNITY CENTRE, OKHLA PHASE -I, NEW DELHI --110 020
3 STATE NURSES AND MIDWIVES COUNCIL, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM-695 035.
BY ADVS. DR.ABRAHAM P.MEACHINKARA, SC, INDIAN NURSING COUNCIL SMT.PRINCY XAVIER, SR.GOVERNMENT PLEADER R3 BY SRI.N.RAGHURAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.16799/2021
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JUDGMENT
Dated this the 07th day of December, 2021
The petitioner is a College of Nursing. The petitioner offers four years B.Sc Nursing Course now. Petitioner states that they had started General Nursing and Midwifery (GNM) Course, for which, the petitioner was granted an NOC in the year 2011. However, due to certain policy measures of the Government of India, the demand for the Course dwindled and the petitioner could not start General Nursing and Midwifery Course in the year 2011.c
W.P(C).No.16799/2021
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for the petitioner submits that Indian Nursing Council has already conducted their inspection, upon the application submitted by the petitioner. They will be conducting the final inspection only after getting NOC from the State Government. Unless the State Government issues NOC expeditiously, the final inspection by the Indian Nursing Council will be delayed and the petitioner will not be able to start the GNM Course this year. In the circumstances, respondents are compellable to issue NOC to the petitioner forthwith, contended the learned counsel for the petitioner.
that the petitioner had submitted an application for NOC. Certain defects were noted in their application and the petitioner was directed to cure the defects. Now, the application is pending consideration before the 1st respondent. Due to administrative procedure involved in the matter, the processing of NOC application will take consider time. This Court therefore shall not pass any time bound direction for
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considering the NOC, contended the learned Senior Government Pleader.
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Accordingly, this writ petition is disposed of,
directing the 1st respondent to pass appropriate orders within 15 days, on Ext.P11 application for NOC/Consent, submitted by the petitioner.
Sd/- N. NAGARESH JUDGE
SR
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APPENDIX OF WP(C) 16799/2021
PETITIONER'S EXHIBITS:
| Exhibit P1 | COPY OF LETTER NO. SACON/GNM |
|---|---|
| COURSE/NOC/05/2021 DATED 27.05.2021 WITH DEMAND DRAFT DATED 10.05.2021. |
|
| Exhibit P2 | COPY OF LETTER NO. HEALTH-C3/179/2021/H |
| & FWD DATED 17.06.2021 OF 1ST RESPONDENT. |
|
| Exhibit P3 | COPY OF ORDER NO. G.O. (MS) NO. 49/2011/H &FWD DATED 29.01.2011 |
| Exhibit P4 | COPY OF LETTER NO. 2/SACN/HFWD/2016 DATED 14.03.2016 SENT BY SREE ANJANEYA MEDICAL TRUST. |
| Exhibit P5 | COPY OF APPLICATION DATED 28.04.2016 SUBMITTED BY THE PETITIONER WITH DEMAND DRAFT OF RS.25,000/-. |
| Exhibit P6 | COPY OF ORDER/LETTER NO. 566199/C3/16/H&FWD DATED 06.05.2016. |
| Exhibit P7 | COPY OF THE NOTIFICATION NO. F.NO. 1- 5/2018-INC DATED 28.02.2019. |
| Exhibit P8 | COPY OF NOTIFICATION NO. F.NO.1-5/2018 -INC DATED 14.03.2019. |
| Exhibit P8 | COPY OF NOTIFICATION NO. F.NO. 1- 5/2018-INC DATED 14.03.2019. |
| Exhibit P9 | COPY OF LETTER NO. F.NO. 1-5/2018INC DATED 19.09.2019 OF 2ND RESPONDENT. |
| Exhibit P10 | COPY OF NOTIFICATION NO. F.NO. 1.5/2020-INC DATED 26.11.2020 |
| Exhibit P11 | COPY OF LETTER NO. SACN/ |
| GNM/NOC/07/2021 DATED 15.07.2021 SENT BY SREE ANJANEYA MEDICAL TRUST. |
|
| Exhibit P12 | COPY OF APPLICATION NO. DATED 15.07.2021 PREFERRED BY THE PETITIONER. |
1 issue framed by the court
Whether the petitioner is entitled to an order directing the State Government to expeditiously consider its application for No Objection Certificate (NOC) to start the General Nursing and Midwifery (G
SREE ANJANEYA COLLEGE OF NURSING
STATE OF KERALA
INDIAN NURSING COUNCIL
STATE NURSES AND MIDWIVES COUNCIL
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
