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2011 Supreme(Ker) 868

P.R.RAMACHANDRA MENON
Mar Gregorious Memorial Muthoot Medical Centre – Appellant
Versus
Kerala University of Health and Allied Sciences – Respondent


Advocates Appeared:
For the Petitioner:George Poonthottam, Advocate.
For the Respondent:P. Sreekumar, Advocate.

Judgment :

Is the respondent University is supposed to act just as a ‘Rubber Stamp’ in the matter of granting affiliation to Institutions invoking the power under Sections 50/53 of the Kerala University of Health Sciences Act, 2010 (hereinafter referred to as University Act), once approval is granted in respect of the courses and infrastructure by the Indian Nursing Council (INC) and Kerala Nurses and Midwives Council (KNMC), forms the point to be considered.

2. The factual position as narrated in the W.P.(C) 24933 of 2011 is that the petitioner, who is a Self Financing Institution was running B.Sc Nursing Programme right from the year 2003 and was granted Ext.P1 sanction by the Indian Nursing Council for conducting M.Sc Nursing Programme in three different faculties such as Medical Surgical Nursing, Psychiatric Nursing and Pediatric Nursing with an intake of four students each. Subsequently, the State Council constituted under the Kerala Travancore Cochin Nurses and Midwives Act, granted Ext.P2 permission to conduct the P.G. Course only in two disciplines, i.e. Medical Surgical Nursing and Psychiatric Nursing with an intake of four students each. The applications preferred by the p































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