IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8504 of 2008(K)
1. M. MUKUND, MURALIKA, NORTH FORT
... Petitioner
2. SREEJITH S.NAIR, T.C.6/1297
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. UNIVERSITY OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.A.AHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/03/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 8504 OF 2008 - K
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Dated this the 18th March, 2008
J U D G M E N T
Petitioners are Nursing students who had commenced their
course in the Mary Matha College of Nursing in Thiruvananthapuram
District. It is stated that subsequent to their joining the course in
the college, the affiliation was withdrawn as a result of which the
petitioners had to discontinue their course. It is stated that while
withdrawing the affiliation the University had undertaken to
accommodate the students in other colleges and accordingly the
petitioners had submitted Exts. P7 and P7(a) applications. In the
applications given by them they had indicated the Medical College,
Thiruvananthapuram coming under the respondent University as the
college of their choice. Since they have not been accommodated in
any one of the colleges, this writ petition has been filed praying for
directing the respondents to admit the petitioners either in the
Medical College, Thiruvananthapuram or Upasana College of
W.P.(C)No.8504/2008
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Nursing, Kollam or in any other colleges under the Kerala University
having vacancies in B.Sc. Nursing course.
2. Standing counsel appearing for the University submits that
the number of seats in a nursing college is decided by the Nursing
Council and that the University has no role to play in the matter. It
is stated that depending upon the availability seats out of 29
candidates, 7 have already been accommodated and 11 has been
asked to produce their certificates. It is also stated that subject to
availability of seats, the University shall arrange for the
accommodation of the students. University also submits that if
those students who cannot be accommodated in the colleges
coming under the University are able to point out the availability of
seats in any college, the University is willing to issue NOC to them in
order to enable those students to join such of those colleges and
continue their studies.
3. I have considered the submissions made by both sides.
4. As stated by the Standing Counsel for the University, if it is
the Nursing Council which decides on the number of seats available
in a Nursing College, the University cannot alter the same.
W.P.(C)No.8504/2008
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Therefore, the University can accommodate the students only in the
vacant seats available in the existing colleges. This as undertaken
by the University shall be done as expeditiously as possible so that
the students will not loose their chance to complete the course. In
the process of such allotment, the University shall certainly take into
account Exts. P7 and P7(a) applications made by the petitioners,
wherein they have indicated their choice of college as well. If going
by the norms adopted by the University and in view of the limitted
seats available it is not possible for the University to accommodate
all the 29 students, in so far as those students who have not
accommodated, the University will give then NOC if they indicate to
the University, the availability of seats in outside colleges.
With these directions, this writ petition is disposed of.
ANTONY DOMINIC
JUDGE
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