IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 28353 of 2007(A)
1. DR.BINDU M.G., MANAGING TRUSTEE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. KERALA NURSES AND MIDWIVES COUNCIL,
3. KERALA LOK AYUKTA,
For Petitioner :SRI.P.K.SURESH KUMAR
For Respondent :SRI.N.RAGHURAJ, SC, TCMC & KNMC
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/10/2007
O R D E R
ANTONY DOMINIC, J.
--------------------------
W.P.(C). NO. 28353 OF 2007
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Dated this the 4th day of October, 2007
J U D G M E N T
The application submitted by the petitioner for approval of its
Nursing College was rejected by the 2nd respondent as per Ext.P5.
Two reasons have been stated for rejection of approval. One of the
reasons stated is an order passed by the Kerala Lok Ayuktha which
restrained the Council from granting approval. The other reason
stated is that admission of students for the current academic year
has already started from September 2007 and therefore, the Council
was not in a position to consider the request of the petitioner.
2. In so far as the restraint order passed by the Lok Ayuktha is
concerned Ext.P6 is one of the orders so passed. By Ext.P6 the 2nd
respondent Council has been restrained from taking upon
themselves the responsibility of granting recognition to any new
institution for admitting new students. In several similar cases, this
issue has been considered by this Court and orders have been
passed directing that the order of the Lok Ayuktha need not stand in
the way of the 2nd respondent in exercising its statutory powers.
WPC NO 28353/07 Page numbers
Therefore, this case is also disposed of directing that the 2nd
respondent shall be free to consider the application of the petitioner.
In so far as the paucity of time that has highlighted in Ext.P5 is
concerned, I direct that the 2nd respondent may consider the
application and take appropriate decision as it deems fit in the matter
of granting approval.
With these directions the writ petition is disposed of.
ANTONY DOMINIC, JUDGE
vps
WPC NO 28353/07 Page numbers
ANTONY DOMINIC, JUDGE
OP NO.8556/01
JUDGMENT
18TH SEPTEMBER, 2007
WPC NO 28353/07 Page numbers
CRL.R.P.769/00
ORDER IN CRL.M.P. NO.4143/00 IN CRL.R.P.769/00
DISMISSED
13.9.07 SD/- K.R. UDAYABHANU, JUDGE
/TRUE COPY/
PA TO JUDGE.