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2016 Supreme(Ker) 1422

K.VINOD CHANDRAN
Perpetual Succour Charitable Trust – Appellant
Versus
Kerala University Of Health Sciences – Respondent


JUDGMENT

K. Vinod Chandran, J.

1. The petitioner is aggrieved with the insistence of the University, requiring a 300 bedded hospital for sanctioning a nursing college. The petitioner is running a hospital, having bed strength of 200, wherein a nursing school is already carried on. The petitioner applied for consent to commence a B.Sc. Nursing course for the academic year 2016-2017 before the Government. As per Ext. P1, a 'No Objection Certificate' was granted by the Government, providing that before the commencement of the course, the institution has to obtain approval from the Indian Nursing Council, Kerala Nurses and Midwives Council as also the Kerala University of Health Sciences, Thrissur. The petitioner was also required to execute an agreement of seat sharing with the Government. The petitioner is said to have obtained the sanction from the Indian Nursing Council and the Kerala Nurses and Midwives Council. The Kerala University of Health Sciences rejected the application of affiliation by Ext. P2 on the ground that there is a preliminary requirement of a hospital with 300 beds for sanctioning a graduate course in nursing. The petitioner challenges Exts. P2 and P4 decisions of























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