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2021 Supreme(Ker) 1041

RAJA VIJAYARAGHAVAN V.
Anjaneya College of Nursing Malabar Medical College – Appellant
Versus
State of Kerala Rep. by the Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S. Vinod Bhat, Anagha Lakshmy Raman, Greeshma Chandrika R.
For the Respondents: P. Sreekumar, N. Raghuraj, Abraham P. Meachinkara, Ramanand K.B.

JUDGMENT :

1. The Chairman and Managing Trustee of the Nehru College of Educational and Charitable Trust have preferred W.P. (C) No. 27429 of 2021 challenging Ext.P9 and P12 orders issued by the Kerala University of Health Sciences (“KUHS” for short). By the orders impugned, the request submitted by the petitioner for enhancement of seats from 60 seats to 90 seats for the B.Sc. Nursing course in the Nehru College of Nursing established and administered by them was declined by the University.

2. The Sree Anjaneya College of Nursing has preferred W.P. (C) No. 23154 of 2021 seeking issuance of directions to the 1st respondent to consider the application submitted by them for issuance of Essentiality Certificate/NOC for enhancement of seats and for a direction to the KUHS to issue consent of affiliation. During the pendency of W.P. (C) No. 23154 of 2021, the Essentiality Certificate (“EC” for short) was issued by the Government. Their request for enhancement of seats from 50 seats to 90 seats however was rejected by the University by Ext.P3 order. The said order is challenged by the institution by preferring W.P. (C) No. 28312 of 2021.

3. As the rejection order passed in these cases revol

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