IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35317 of 2007(D)
1. J.D.T.ISLAM ORPHANAGE COMMITTEE,
... Petitioner
Vs
1. KERALA NURSES AND MIDWIVES COUNCIL,
... Respondent
For Petitioner :SRI.C.P.MOHAMMED NIAS
For Respondent :SRI.N.RAGHURAJ, SC, TCMC & KNMC
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/12/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 35317 OF 2007
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Dated: December 7, 2007
JUDGMENT
Petitioner has filed an application before the respondent for approval
of a Nursing College and orders on the application were not passed. It is
seen from Ext.P7 that the reluctance on the part of the respondent was on
account of previous orders that were passed by the Kerala Lok Ayukta
which had the effect of restraining the respondent from exercising its
statutory powers.
2. In several cases of this nature this court had considered this
issue and in all such cases orders have been passed permitting the
respondent to consider the applications made by the respective colleges
notwithstanding the orders that are passed by the Lok Ayukta. In view of
the similarity of the issues involved in this case, I am inclined to pass the
same order.
Accordingly, I dispose of this writ petition directing that irrespective
of the orders that are passed by the Kerala Lok Ayukta in this case, the
respondent Council will be free to consider the application made by the
WP(C) 35317/2007 Page numbers
petitioner for approval of their nursing college. This the respondent shall
do as expeditiously as possible.
ANTONY DOMINIC, JUDGE
mt/-