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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., J.
Sree Anjaneya College of Nursing Malabar Medical College – Petitioner
Versus
State of Kerala Rep. by the Secretary – Respondent
W.P. (C) Nos. 23154, 27429, 28312 of 2021
Decided On : 14-12-2021
Education – Kerala University of Health Sciences Act, 2010 - Section 2(y) - Section 40 - Section 41 - Affiliation - Essentiality Certificate/NOC for enhancement of seats and for a direction to the KUHS to issue consent of affiliation Nehru College of Educational and Charitable Trust – Seeking 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.
Finding of the Court:
Requirement under Section 46 is that all the Statutes, Ordinances and Regulations made under the Act shall be published by the University in the Gazette - Admittedly, both the institutions are conducting B.Sc Nursing Course after obtaining affiliation from the University and requisite permissions from the Government, the INC and the KNMC. As per the Oxford Advanced Learner's Dictionary (7th Edition), the word 'stream' is defined to mean " a group in which students of the same age and level of ability are placed in some schools". In other words, through this process, the students of similar skills are put under a similar category or group. Stream in educational parlance would also mean a specific course or a certain academic field chosen by a student. A student may take a particular stream to pursue a specialization in that field. The only requirement as per the amended Statute is that for enhancement of seats, the colleges shall satisfy the condition that the 1st batch of the courses in the institution under the same stream has passed out. In the case on hand, stream made mention of in the Statute, can only mean the B.Sc. Nursing Stream. The institutions had commenced functioning during the academic year 2012-2013 and 2011-12 and this fact is undisputed. If that be the case, the first batch of the courses in the institution under the same stream can only be the batch of 2012-2013 and 2011-12 for the respective colleges. On an intelligible reading of the relevant provision, all that it means is that the 1st batch, meaning the batch which started in 2012-2013 or 2011-2012, as the case may be, and pursuing the B.Sc. Nursing Stream has passed out, and that the average pass of previous regular examinations of all existing batches is not below the minimum prescribed by the Governing Council. The 2nd respondent has no case that the pass percentage is less or that the education is imparted for a different stream. The interpretation of the 2nd respondent that the first batch would mean the enhanced batch and that for grant of enhanced intake even for the same B.Sc. Nursing stream, the batch for which enhancement was granted shall have to pass out cannot be accepted. In that view of the matter, the rejection of the request made by the petitioners cannot be sustained under law.
Result: Ordered accordingly
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 revolves around the interpretation of the relevant provisions of the First Statute of the KUHS which was amended as per notification dated 24.02.2020, these writ petitions are taken up and are disposed of by a common judgment.
4. Brief facts of the case as is discernible from the pleadings are as under:
W.P. (C) No. 27429 of 2021 is preferred by the Nehru College of Educational and Charitable Trust which runs the Nehru College of Nursing at Palakkad. The College commenced its functioning in the academic year 2012-2013 and conducts B.Sc. Nursing Course for the students who secure admission there. It was after obtaining NOC from the State Government, approval from the Indian Nursing Council Act (“INC” for short) and the Kerala Nurses and Midwives Council (“KNMC” for short) that the institute had commenced its functioning. The Nursing College is attached to the P.K. Das Institute of Medical Sciences, a fully-fledged 650 bed super speciality hospital, with all infrastructural facilities and amenities. Their request for enhancement of intake was finally granted by the respondents and the institution was permitted to enhance their intake to 60 seats from the academic year 2018-2019.
5. After a couple of years, the petitioner felt that they are in a position to accommodate more students. They submitted applications before the respondents and sought for enhancing the intake of seats from 60 seats to 100 for the academic year 2021-2022. The petitioner states that the State Government obtained a report from the Director of Medical Education and by Ext.P7 order dated 03.02.2021 granted permission to enhance the seats from 60 to 100 for the academic year 2021-2022. Immediately thereafter, the petitioner forwarded Ext.P7 order to the KUHS. The petitioner was informed that the enhanced batch of the academic year 2018-2019 would be considered as a fresh batch and their application for further enhancement of seats would be considered only after the said batch passes out in the academic year 2022-2023. It is contended that the refusal by the KUHS is illegal and arbitrary as there is no stipulation in the Act or the Statute to support the stand taken by the University.
6. The petitioner contends that based on the application filed by the petitioner, the KNMC has issued Ext.P13 order granting permission to enhance the seats from 60 to 90 for the academic year 2021-2022. According to the petitioner, in view of the EC granted by the Government and the permission granted by the KNMC, there was no justification on the part of the 2nd respondent to refuse their request.
7. Armed with Ext.P13, the petitioner again approached the KUHS and filed Ext.P14 representation requesting that their application be considered in the light of Exts.P7 and P13. However, by Ext.P17 order their request
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