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2011 Supreme(Ker) 931

C.N.RAMACHANDRAN NAIR, P.S.GOPINATHAN
KVM Trust – Appellant
Versus
Kerala University of Health & Allied Sciences – Respondent


Advocates Appeared:
For the Appellant:George Poonthottam, Advocate.
For the Respondent: P. Sreekumar, S.C.

Judgment :-

P.S. Gopinathan, J.

This appeal is preferred against the judgment of the learned Single Judge whereby the writ petition filed by the appellant was dismissed. The appellant Trust applied before the Indian Nursing Council seeking permission to start Post Basic B.Sc., Nursing Programme with an intake of 50 students in the nursing college run by the appellant. By Ext.P1 order dated 21.4.2010, permission was granted subject to the approval of the State Nursing Council and University/Board. Though applied before the Kerala Nurses and Midwives Council, by order dated 7.7.2011 permission was accorded for intake of only 30 students. Simultaneously, the appellant applied before the respondent – Kerala University of Health & Allied Sciences for granting affiliation. By Ext.P4 order dated 4.8.2011, affiliation was granted for an annual intake of 30 students. In the meanwhile, on a further representation before the Kerala Nurses & Midwives Council, by Ext.P2 order dated 31.8.2011, sanction was accorded to the appellant for an enhanced intake of 50 students. The appellant on 23.8.2011 requested the respondent for re-considering Ext.P4 and to accord sanction for enhancement in the inta





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