Allowed

Krishnapriya Jayan v. Kerala University of Health Sciences(Kuhs)

Kerala HC21 Nov 2022WP(C)/33987/2022

Case brief

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What is this about?

The High Court allowed the writ petition by directing the Kerala University of Health Sciences to admit the petitioner to complete 449 hours of practical training at Government Nursing College, Kottayam, ensuring she receives her degree within one month of completion.

What did the court decide?

Directed KUHS to offer additional training of 449 hours at Government Nursing College, Kottayam, and issue degree within one month of completion.

Krishnapriya Jayan Vs Kerala University of Health… — 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 21^ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA,

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1944

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WP(C) NO. 33987 OF 2022

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PETITIONER:

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KRISHNAPRIYA JAYAN

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AGED 25 YEARS

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D/O. JAYAN, PULIMOOTTIL HOUSE, KUMARAKOM P.O.,
KOTTAYAM-686 563.

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BY ADVS.

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JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
SHERLY MOL THOMAS

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RESPONDENTS:

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1 KERALA UNIVERSITY OF HEALTH SCIENCES(KUHS) REPRESENTED BY ITS REGISTRAR, TRISSUR-680596.

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2 KERALA NURSES & MIDWIVES COUNCIL (KNMC) REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD, NEAR GENERAL HOSPITAL, TRIVANDRUM-695 035.

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3 BCF COLLEGE OF NURSING REPRESENTED BY ITS MANAGER, CHEMMANUMKARY, VAIKOM, KOTTAYAM - 686 143.

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4 PRINCIPAL, BCF COLLEGE OF NURSING, CHEMMANUMKARY, VAIKOM, KOTTAYAM - 686 143.

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BY ADVS. N.RAGHURAJ RUKHIYABI MOHD KUNHI T.K.SREEKALA

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SRI.P.SREEKUMAR -SC

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WPC 33987/2022

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..2..

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WPC 33987/2022

JUDGMENT

The petitioner has approached this Court again, after having obtained Ext.P4 judgment.

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She is aggrieved by Exts.P6 and P7, which mandate that she should undergo additional training, before she can be declared qualified in the B.Sc Nursing Course.

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When this matter was considered by this Court on 14.11.2022, I had passed the following order:

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“ Sri.P.Sreekumar - learned standing counsel

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for the KUHS submits that in spite of proper verification, it has been found that the petitioner is wanting 449 hours of practical training. He submitted that, therefore, unless the petitioner completes this, she cannot get any benefit.

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2. Even if I am to accept the afore submissions of Sri.P.Sreekumar, the fact remains that practical training for the petitioner in the

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WPC 33987/2022

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..4..

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College in question may not be effective on account of the severe disputations between them, as were noticed by this Court when Ext.P4 judgment was delivered.

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3. I, therefore, direct the KUHS to inform this Court whether they would stand in the way of the petitioner being afforded an opportunity to complete the requisite training, namely about 56 days or so, in a Government Nursing College, which may also be at Kottayam, which is nearest to her.

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I make it clear that the afore suggestion is being made without any prejudice to the petitioner's contentions in this writ petition; and I adjourn this matter to be called on 16.11.2022 for the KUHS to respond.”

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Thereafter, I listed this case on 16.11.2022; and was told by Sri.P.Sreekumar – learned Standing Counsel for

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..5..

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WPC 33987/2022

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the Kerala University of Health and Sciences (KUHS), that petitioner will be allowed to complete her additional training in the Government Nursing College, Kottayam.

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Today, the petitioner is present in person and her learned Counsel – Sri.Jacob P.Alex, submitted that she is willing to accept the afore suggestion of the University.

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In the afore circumstances, I allow this writ petition, without acceding to the prayers made therein; however, directing the competent Authority of the KUHS to issue immediate orders offering additional training of 449 hours to the petitioner at the Government Nursing College, Kottayam. I also record the submissions of Sri.P.Sreekumar that the afore order will be issued within the next 24 hours, if possible.

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Resultantly, this writ petition is allowed in terms of the above; and it is needless to say that, once the petitioner completes the additional training, all benefits, including the degree certificates and such other, will be

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WPC 33987/2022

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..6..

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issued to her, within a period of one month thereafter. Needless to say, once the KUHS issues orders as afore, the Principal of the Government Nursing College, Kottayam, will admit her on its strength, without any avoidable delay and facilitate her additional training without any impediment.

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DEVAN RAMACHANDRAN, JUDGE

ACR

WPC 33987/2022

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APPENDIX OF WP(C) 33987/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE SYLLABUS OF B.SC
NURSING PROGRAM (2010) OF THE 1ST
RESPONDENT UNIVERSITY.
Exhibit P2TRUE COPY OF THE RULES OF BCF COLLEGE
OF NURSING.
Exhibit P3TRUE COPY OF THE PETITIONER'S
PROVISIONAL DEGREE CERTIFICATE DATED
15-03-2022 ISSUED BY THE FIRST
RESPONDENT UNIVERSITY
Exhibit P4TRUE COPY OF THE JUDGEMENT DATED 29-
08-2022 IN W.P.(C) NO. 16188 OF 2022
OF THIS HON'BLE COURT
Exhibit P5TRUE COPY OF THE COMPLAINT DATED 01-
09-2022 SUBMITTED BY THE PETITIONER
BEFORE THE REGISTRAR OF THE FIRST
RESPONDENT
Exhibit P6TRUE COPY OF THE UO NO.
913/2022/ACADEMIC/KUHS DATED 28-09-
2022 .
Exhibit P7TRUE COPY OF THE NOTICE DATED 13-10-
2022 ISSUED BY THE 4TH RESPONDENT.

Krishnapriya Jayan v. Kerala University of Health Sciences(Kuhs)

Case brief

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Krishnapriya Jayan v. Kerala University of Health Sciences(Kuhs)

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