Disposed

Krishnapriya Jayan v. 1. Principal, Bcf College of Nursing

Kerala HC29 Aug 2022WP(C)/16188/2022

Case brief

AI extract

What is this about?

Single judge order directing petitioner and college Principal to appear before KUHS Registrar with attendance records to determine practical training shortfall and guide subsequent procedure for certificate issuance.

What the court decided

AI extract

Krishnapriya Jayan Vs 1. Principal, Bcf College of… — Education and Admissions | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944
WP(C) NO. 16188 OF 2022

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PETITIONER:

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MISS. KRISHNAPRIYA JAYAN
D/O.JAYAN,
AGED 25 YEARS
PULIMOOTTIL (HOUSE),KUMARAKAM P.O.
KOTTAYAM - 686 563.
BY ADV SHERLY MOL THOMAS

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RESPONDENTS:

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1 PRINCIPAL, BCF COLLEGE OF NURSING AGED 54 YEARS CHEMMANUMKARY, VAIKOM, KOTTAYAM - 686 143.

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2 THE MANAGER, BCF COLLEGE OF NURSING CHEMMANUMKARY, VAIKOM, KOTTAYAM - 686 143.

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3 KERALA UNIVERSITY OF HEALTH SCIENCE THRISSUR - 680 596.

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*4 ADDL.R4. THE REGISTRAR KERALA NURSES AND MIDWIVES COUNCIL (KNMC), RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM - 695 035. *[ADDL.R4 IS IMPLEADED AS PER ORDER DATED 14.07.2022 IN I.A.1/2022 IN WP(C)16188/2022.] BY ADVS. T.K.SREEKALA(K/000246/1987) T.K.SREEKALA P.SREEKUMAR RUKHIYABI MOHAMMED KUNHI

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OTHER PRESENT:

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N. REGHURAJ, SC FOR KSMC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 16188 OF 2022 2

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JUDGMENT

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The petitioner, who is stated to have completed B.Sc. Nursing Course from the “BCF College of Nursing” (College for short), affiliated to the Kerala University of Health Sciences (KUHS for short), has approached this Court seeking a direction to the 1^st respondent – Principal of the College to issue her the necessary Completion Certificate of the Course, along with the original Education Certificates, as also to refund the caution deposit; thus leading to the registration of her name in the register maintained by the Kerala Nurses and Midwives Council (Council for short).

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Smt.Sherlymol Thomas – learned counsel for the petitioner, vehemently argued that her client has satisfied all the requirements under the applicable Regulations of the University and that of the “Council”; but that 1^st respondent is adopting a hostile attitude, refusing to issue her the Completion Certificate or to return the original Educational Certificates, which has now caused hindrance to the registration with the “Council”. The learned counsel, therefore, prayed that the reliefs sought for in this writ petition be granted.

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In response, however, Smt.Rukhiyabi Mohammed Kunhi – learned counsel for respondents 1 and 2, submitted that her clients

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WP(C) NO. 16188 OF 2022 3

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have nothing against the petitioner and are willing to issue all Certificates, but that she faces a predicament because she has not completed the necessary practical training. She added that the petitioner must, therefore, complete the requisite practical training, as per the Regulations of the Indian Nursing Council (INC) and that of the KUHS, before a Completion Certificate can be issued.

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At this time, I must record that, when this matter was earlier heard by this Court 26.07.2022, I had passed the following interim

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order:

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“Even though I have heard this matter in detail today, it is not possible for me to deliver judgment because certain essential inputs are lacking in the pleadings.

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Though the College says that the petitioner is short of 57 days of practical training, the learned counsel for the petitioner confronts this with reference to the original documents produced before this Court.

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I do not propose to enter into the controversy at this time since I am of the view that the College must look into all the aspects and file a report before this Court specifying the number of days required for practical training as also the actual shortfall, if any, of the petitioner. This shall be filed by the next posting date.”

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5. Today, Smt.Rukhiyabi Mohammed Kunhi – learned counsel

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for respondents 1 and 2, submitted that an additional statement has been filed on record, explaining that petitioner is short by 449 hours of practical training. She submitted that, therefore, if the petitioner

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WP(C) NO. 16188 OF 2022 4

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completes this period validly, a completion Certificate can be issued by the 1^st respondent.

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On hearing Smt.Rukhiyabi Mohammed Kunhi as afore, I asked Sri.P.Sreekumar – learned Standing Counsel for the KUHS, whether his client had verified the attendance documents of the petitioner, to which, his reply was that even an ex facie examination of the same would show that there are several interpolations and additions. He added that, therefore, unless the competent Authority of the University verifies all the records properly, a final decision in this regard cannot be taken.

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Sri.N.Reghuraj – learned Standing Counsel for the “Council”, submitted that the controversy is between the petitioner and the College, but that it is mandatory that the Regulations of the “INC” be followed.

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When I consider and evaluate the afore rival submissions, it is manifest that a student will be allowed to write the examinations even with 80% attendance in practical training, but that he/she thereafter will have to recoup the balance 20%.

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It is in the afore perspective that there is dispute as to the number of hours which is allegedly short for the petitioner, as

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WP(C) NO. 16188 OF 2022 5

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regards the practical training.

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However, since the petitioner, on one hand, asserts that she has already acquired the requisite amount of training; while, the College, on the other, takes the stand that she is short by 449 hours, I am of the view that the matter will have to engage the attention of the competent Authority of the KUHS, to determine the truth of the same.

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In the afore scenario, I order this writ petition with the following directions:

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(a) I direct the petitioner and the 1^st respondent – Principal of the College to mark appearance before the Registrar of the KUHS at 11.00 a.m. on 01.09.2022, with all records in their possession with regard to the attendance of the petitioner; in the written and practical examinations; in which event said Authority will guide them to the Authority competent to hear them and to take final decision within a period of one week thereafter.

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(b) I record the submissions of Sri.P.Sreekumr that, normally, the Authority competent to consider the above is the Dean of the KUHS, but I leave it to the Registrar to take a final decision thereon.

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WP(C) NO. 16188 OF 2022 6

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the petitioner is found to be with sufficient practical training, then the 1^st respondent will issue the Completion Certificate, as also all educational documents, leading to her registration with the “Council”.

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(d) If, for any reason, the competent Authority of the University is to find that petitioner is short of a certain number of days or hours of her practical training, then said Authority will arrange to recoup the same in an appropriate hospital, so that she can then finish it and then seek the Completion and Educational Certificates, which shall be issued by the Principal of the College without any avoidable delay thereafter.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/29.8

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WP(C) NO. 16188 OF 2022 7

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APPENDIX OF WP(C) 16188/2022

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`PETITIO` `Exhibit`	`NER EXHI` `P1`	`BITS` `A TRUE COPY OF MEDICAL CERTIFICATE WITH` `EFFECT FROM 24.05.2016 ISSUED FROM OF` `CARITAS HOSPITAL`
`Exhibit`	`P2`	`A TRUE COPY OF DISCHARGE SUMMARY ISSUED BY` `CARITAS HOSPITAL ON 30.05.2016`
`Exhibit`	`P3`	`A TRUE COPY OF MEMO ISSUED BY 1ST` `RESPONDENT ON 19.08,2016`
`Exhibit`	`P4`	`A TRUE COPY OF COMPLAINT FILED BY THE` `PETITIONER BEFORE HUMAN RIGHT COMMISSION` `ON 24.03.2017`
`Exhibit`	`P5`	`A TRUE COPY OF NOTICE ISSUED BY THE HUMAN` `RIGHT COMMISSION TO 1ST RESPONDENT ON` `20.04.2017`
`Exhibit`	`P6`	`A TRUE COPY OF REPLY DATED 09.04.2021,` `FILED BY THE 1ST RESPONDENT`
`Exhibit`	`P7`	`A TRUE COPY OF LETTER DATED 19.04.2021` `SUBMITTED BY THE PETITIONER TO THE` `UNIVERSITY`
`Exhibit`	`P8`	`A TRUE COPY PROVISIONAL DEGREE CERTIFICATE`
`Exhibit`	`P9`	`A true copy of internal assessment created` `by Respondent`
`Exhibit`	`P10`	`An extract of attendance register produced` `by the 1st respondent before Human right` `commission`
`Exhibit`	`P11`	`A true copy of college rule produced by` `the 1st respondent before human right` `commission`
`Exhibit`	`P12`	`A true copy of extract of attendance` `register of respondent`
`Exhibit`	`P13`	`A true copy of letter sent by the` `petitioner to . Vice Chancellor dated` `04.06.2019`
`Exhibit`	`P14`	`A true copy of letter sent by the` `petitioner to Pro. Vice Chacellor dated` `24.12.2021`
`Exhibit`	`15`	`A true copy of complaint made to human` `right commission dated 07.12.2021`
`Exhibit`	`16`	`A true copy of reply by Human right` `Commission dated 03.01.2022`
`RESPOND`	`ENT EXHI`	`BITS`
`Exhibit`	`R1A`	`TRUE COPY OF THE KUHS SYLLABUS NIL`
`Exhibit`	`R1B`	`TRUE COPY OF THE LETTER OF FACULTY` `10.08.2016`

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WP(C) NO. 16188 OF 2022 8

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`Exhibit R1C`	`TRUE COPY OF THE MEMO ISSUED BY THE 1ST` `RESPONDENT TO THE PETITIONER.`
`Exhibit R1D`	`TRUE COPY OF THE MEMO ISSUED BY THE 1ST` `RESPONDENT TO THE PETITIONER`
`Exhibit R1E`	`TRUE COPY OF THE MEMO ISSUED BY THE 1ST` `RESPONDENT TO THE PETITIONER`
`Exhibit R1F`	`TRUE COPY OF THE LETTER GIVEN BY THE` `PETITIONER TO THE 1ST RESPONDENT.`
`Exhibit R1G`	`TRUE COPY OF THE LETTER GIVEN BY THE` `PETITIONER TO THE 1ST RESPONDENT.`
`Exhibit R1H`	`TRUE COPY OF THE LETTER GIVEN BY THE` `PETITIONER TO THE 1ST RESPONDENT.`
`Exhibit R1I`	`TRUE COPY OF THE INTERNAL ASSESSMENT` `REGISTER OF THE YEAR 2014-2015`
`Exhibit R1J`	`TRUE COPY OF THE INTERNAL ASSESSMENT` `REGISTER OF THE YEAR 2015-2016`
`Exhibit R1K`	`TRUE COPY OF THE INTERNAL ASSESSMENT` `REGISTER OF THE YEAR 2016-17`
`Exhibit R1L`	`TRUE COPY OF THE INTERNAL ASSESSMENT` `REGISTER OF THE YEAR 2018.`
`Exhibit R1M`	`TRUE COPY OF THE PROGRESS REPORT OF THE` `PETITIONER FOR THE YEAR 2014-2015.`
`Exhibit R1N`	`TRUE COPY OF THE PROGRESS REPORT OF THE` `PETITIONER FOR THE YEAR 2015-2016.`
`Exhibit R1O`	`TRUE COPY OF THE PROGRESS REPORT OF THE` `PETITIONER FOR THE YEAR 2016-2017.`
`Exhibit R1P`	`TRUE COPY OF THE PROGRESS REPORT OF THE` `PETITIONER FOR THE YEAR 2017-2018.`
`Exhibit R1Q`	`TRUE COPY OF THE LETTER GIVEN BY THE` `PETITIONER TO THE 1ST RESPONDENT`
`Exhibit R1R`	`TRUE COPY OF THE LETTER SENT BY THE 1ST` `RESPONDENT TO THE REGISTRAR OF KUHS`
`Exhibit R1S`	`TRUE COPY OF THE REPLY SUBMITTED BY THE` `1ST RESPONDENT TO THE HUMAN RIGHTS` `COMMISSION.`
`Exhibit R1T`	`TRUE COPY OF THE REQUEST MADE BY THE` `PETITIONER TO THE 1ST RESPONDENT.`
`Exhibit R1U`	`TRUE COPY OF THE DETAILS OF COMPENSATION` `OF ATTENDANTS TO BE MET BY THE PETITIONER` `ISSUEDBY THE 1ST RESPONDENT TOTHE` `PETITIONER.`
`Exhibit R1V`	`TRUE COPY OF THE REQUEST MADE BY THE` `PETITIONER TO THE 1ST RESPONDENT`
`Exhibit R1W`	`TRUE COPY OF THE REQUEST MADE BY THE 1ST` `RESPONDENT TO THE INDO AMERICAL HOSPITAL,` `VAIKOM`

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WP(C) NO. 16188 OF 2022 9

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`Exhibit R1X`	`TRUE COPY OF THE` `1ST RESPONDENT.`	`SCHEDULE PREPARED BY THE`
`Exhibit R1Y`	`TRUE COPY OF THE` `SCHEDULE PREPARED`	`LETTER INCLUDING THE` `BY Dr.SALEENA SHA.`
`Exhibit R1Z`	`TRUE COPY OF THE`	`FRESH SCHEDULE.`
`Exhibit R1(aa)`	`TRUE COPY OFTHE R` `FACULTY OF COLLEG`	`EPORT SUBMITTED BY THE` `E.`
`Exhibit R1(ab)`	`TRUE COPY OF THE` `FACULTIES TO THE`	`COMPLAINT GIVEN BY THE` `1ST RESPONDENT.`
`Exhibit R1(ac)`	`TRUE COPY OF THE` `THE 3RD RESPONDEN`	`COMPLAINT FILED BEFORE` `T BY THE 1ST RESPONDENT.`
`Exhibit R1(ad)`	`TRUE COPYOF THE R` `RESPONDENT TO THE`	`EMINDER SEND BY THE 1ST` `PETITIONER.`
`Exhibit R1(ae)`	`TRUE COPY OF THE` `CLINICAL AREA.`	`ATTENDANCE REGISTER IN`
`Exhibit R1(af)`	`TRUE COPY OF THE` `RESPONDENT TO THE`	`REMINDER SEND BY THE 1ST` `PETITIONER.`
`Exhibit R1(ag)`	`TRUE COPY OF THE` `1ST RESPONDENT FR`	`LETTER RECEIVED BY THE` `OM THE PETITIONER.`
`Exhibit R1(ah)`	`TRUE COPY OF THE` `REGARDING THE PEN` `COMPENSATION.`	`SUBJECTWISE DETAILS` `DING HOURS OF`
`Exhibit R1(ai)`	`TRUE COPY OF THE` `COMMITTEE.`	`MINUTES OF THE PTA`
`Exhibit R1(aj)`	`TRUE COPY OF THE` `COMMITTEE.`	`MINUTES OF THE PTA`
`Exhibit R1(ak)`	`TRUE COPY OF THE` `3RD RESPONDENT.`	`CIRCULAR ISSUED BY THE`
`Exhibit R1(al)`	`TRUE COPY OF THE` `OF THE PETITONER’` `SUBJECTS.`	`REPORT AS TO THE STATUS` `S ATTENDANCE IN PRACTICAL`
`Exhibit R1(am)`	`TRUE COPY OF THE` `ATTENDANCE OF EAC`	`STATUS OF THE PRACTICAL` `H SUBJECT.`

Krishnapriya Jayan v. 1. Principal, Bcf College of Nursing

Case brief

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What the court decided

Krishnapriya Jayan v. 1. Principal, Bcf College of Nursing

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