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2021 Supreme(Ker) 971

RAJA VIJAYARAGHAVAN V.
Lisie College of Nursing Lisie Hospital – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: George Poonthottam, Nisha George, J. Vishnu.
For the Respondents: N. Raghuraj, P. Sreekumar.

JUDGMENT :

1. The Lisie College of Nursing through its Chief Executive has approached this Court with this writ petition being aggrieved by Ext.P19 and P20 orders issued by the Registrar, Kerala Nurses and Midwives Council (“KNMC” for short). By virtue of Exhibit P19 order, though the institution was accorded sanction for admitting students to the B.Sc. Nursing Programme for the academic year 2021-2022, the intake was limited to 40 seats. The reason which persuaded the KNMC to place an interdiction on the intake is that the Nursing institution lacks the required space. As against the requirement of a minimum of 3 acres for a running institution, they say that the petitioner possessed less than 50 cents. The fire fighting facilities are below par and the hostel is congested. The petitioner asserts otherwise and contends that this is just an arm twisting tactic by the KNMC at the instance of the Government. They say that an institution which has been running perfectly for decades is now brought to its knees for frivolous reasons. This is the controversy that requires to be resolved in this Writ Petition. Both sides have placed on record their pleadings.

2. For deciding the question the

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