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2010 Supreme(Ker) 335

J.CHELAMESWAR, K.T.SANKARAN, P.N.RAVINDRAN
K. Velayudhan Memorial Trust – Appellant
Versus
State Of Kerala – Respondent


Advocates appeared:
For the Petitioner:George Poonthottam, Advocate.
For the Respondents:P.K. Vijaya Mohanan, Sc, Matsyafed, Advocate.

Judgment :

J. Chelameswar, CJ.

1. These four appeals arise out of a common judgment dated 31.03.2010 in four writ petitions.

2. As a matter of fact, five writ petitions were heard and disposed of by the abovementioned judgment. Petitioner in W.P.(C) No.35587 of 2009 did not choose to carry the matter any further in appeal. Hence there are only four appeals.

3. The legal issue is common to all these appeals though there are factual variations in each of these appeals. The common factual matrix of the appeals is thus, that each of the appellants established an educational institution within the State of Kerala and proposed to impart education in Nursing. In the background of the abovementioned proposal, each of the appellants made applications to the 3rd respondent in WA No.796 of 2010, i.e., the Indian Nursing Council (hereinafter referred to as 'the National Council'), a statutory body established under the Indian Nursing Council Act, 1947 (for short 'Central Act') which is a body corporate with perpetual succession and common seal and all other incidental powers and privileges of a body corporate.

4. On receipt of the applications, the abovementioned 3rd respondent issued proceedin


















































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