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2019 Supreme(Ker) 182

SHAJI P.CHALY
Kerala Private Hospitals Association, Head Quarters -Aswini Hospital Private Limited – Appellant
Versus
State of Kerala, Represented By Its Secretary, Department of Health and Family Welfare – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.K.Suresh Kumar (Sr.), Sri. K. Anand, Sri. K.P. Sudheer, Advs.
For the Respondent: Smt. Princy Xavier, Government Pleader, Sri. N. Raghuraj, SC, Sri.George Poonthottam, SC, Smt. Nisha George, Sri. Santhosh Mathew, Addl., Dr.Abraham P.Meachinkara, SC, Advs.

JUDGMENT :

This writ petition is filed by the petitioner Association seeking to quash Exts.P2, P3, P4 and P6 orders passed by the State Government, University of Kerala, University of Calicut and the Kerala Nurses and Midwives Council respectively, exempting nursing students admitted on or after 2007 from doing internship. Brief material facts for the disposal of the writ petition are as follows:

2. Petitioner is an Association of Institutions which runs Hospitals in the Private Sector. It is challenging the validity of Ext.P2 order issued by the Government of Kerala, by which the internship of one year prescribed for nursing students was abolished. It is the case of the petitioner that, there is no law which authorises the Government to issue an order like Ext.P2. That apart, the Government further directed the Universities to change the syllabus accordingly, and the University of Kerala and the University of Calicut have issued Exts.P3 and P4 orders, implementing the said direction, and thereby abolishing internship. It is also pointed out that, Exts.P3 and P4 orders are bad, s












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