K.V.M. College of Nursing, Cherthala v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942** ## **W.P.(C)No.28745 OF 2019(P)** ## **PETITIONERS:** |**1**|**KVM COLLEGE OF NURSING,**| |---|---| ||**CHERTHALA, ALAPPUZHA DISTRICT, REPRESENTED BY**| ||**THE PRINCIPAL**| |**2**|**DR. V. V. PYARELAL,**| ||**DIRECTOR, K.V.M. TRUST, CHERTHALA, ALAPPUZHA**| ||**DISTRICT.**| ||**BY ADVS.**| ||**SRI.GEORGE POONTHOTTAM (SR.)**| ||**SMT.NISHA GEORGE**| ||**SRI.J.VISHNU**| ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT**| ||**SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**| |**2**|**THE KERALA UNIVERSITY OF HEALTH SCIENCES**| ||**MULANGUNNATHUKAVU, MEDICAL COLLEGE P. O.,**| ||**THRISSUR - 680 596, REPRESENTED BY ITS**| ||**REGISTRAR.**| |**3**|**THE INDIAN NURSING COUNCIL**| ||**REPRESENTED BY ITS SECRETARY, 8TH FLOOR, NBC**| ||**CENTRE, PLOT NO.2, COMMUNITY CENTRE, OKHILA**| ||**PHASE - I, NEW DELHI - 110020.**| W.P.(C)No.28745 of 2019 & 2 16974 of 2020 **4 ADDL.R4. KERALA NURSES AND MIDWIVES COUNSEL RED CROSS ROAD, JAI VIHAR, KUNNUKUZHY, THIRUVANANTHAPURAM-695 035, REPRESENTED BY ITS REGISTRAR** **ADDITIONAL 4TH RESPONDENT SUO MOTU IMPLEADED AS PER THE ORDER DATED 13.10.2020 IN WP(C).** **R1 BY GOVERNMENT PLEADER R2 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE R4 BY ADV. SRI.N.RAGHURAJ SRI SUNIL NATH N.B- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0211-2020, ALONG WITH WP(C).16974/2020(V), THE COURT ON 03-112020 DELIVERED THE FOLLOWING:** W.P.(C)No.28745 of 2019 & 3 16974 of 2020 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942** ## **W.P.(C)No.16974 OF 2020(V)** ## **PETITIONER:** **K.V.M. COLLEGE OF NURSING, CHERTHALA, ALAPPUZHA DISTRICT, REPRESENTED BY THE PRINCIPAL.** **BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SRI.ARUN CHANDRAN SRI.RIJI RAJENDRAN SMT.NISHA GEORGE SRI.J.VISHNU SRI.VISHNU B.KURUP SRI.A.L.NAVANEETH KRISHNAN KUM.CHITHRA P.GEORGE SHRI.AKSHAY V NAIR** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF**| ||**SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**| |**2**|**LBS CENTRE FOR SCIENCE AND TECHNOLOGY**| ||**NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM -695033,**| ||**REPRESENTED BY THE DIRECTOR.**| |**3**|**THE KERALA UNIVERSITY OF HEALTH SCIENCES**| ||**MULANGUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR**| ||**- 680 596, REPRESENTED BY ITS REGISTRAR.**| |**4**|**KERALA NURSES AND MIDWIVES COUNCIL**| ||**RED CROSS ROAD, JAI VIHAR, KUNNUKUZHY,**| ||**THIRUVANANTHAPURAM - 695035, REPRESENTED BY ITS**| ||**REGISTRAR.**| W.P.(C)No.28745 of 2019 & 4 16974 of 2020 - **5 THE INDIAN NURSING COUNCIL COMBINED COUNCILS BUILDING, KOTLA ROAD, TEMPLE LANE, OPP. MATA SUNDRI COLLEGE, NEAR I.T.O., NEW DELHI - 110 002, REPRESENTED BY ITS SECRETARY.** ## **R2 BY ADV. SMT.SHAMEENA SALAHUDHEEN** **R3 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES R4 BY ADV. SRI.N.RAGHURAJ** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0211-2020, ALONG WITH WP(C).28745/2019(P), THE COURT ON 03-112020 DELIVERED THE FOLLOWING:** W.P.(C)No.28745 of 2019 & 5 16974 of 2020 ## **JUDGMENT** Since issues raised in these writ petitions are interrelated, the writ petitions are heard together and are being disposed of by this common judgment. 2. **W.P.(C)No.28745/2019** :- K.V.M. College of Nursing, the 1[st] petitioner, is a nursing college administered by K.V.M. Trust, Cherthala and the 2[nd] petitioner is the Director of that Trust. The college is offering various courses, namely, General Nursing, B.Sc Nursing, Post Basic B.Sc Nursing, M.Sc Nursing, B.Sc MLT, B.Pharm, Pharm D., D-Pharm, DMLT, Special Education for Physically Impaired, etc. From the year 2002, the college is conducting B.Sc Nursing course with an intake of 50 seats, on the strength of the permission granted by the 3[rd] respondent Indian Nursing Council and recognition granted by the additional 4[th] respondent Kerala Nurses & Midwives Council. After the formation of the 2[nd] respondent Kerala University of Health Sciences, the college is having affiliation with that University, for conducting B.Sc Nursing course. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P29 order dated 09.10.2019 issued by the 2[nd] respondent University, whereby the University while granting W.P.(C)No.28745 of 2019 & 6 16974 of 2020 continuation of provisional affiliation to B.Sc Nursing course for the academic year 2019-20 fixed the intake as 30, as against the intake of 60 granted by the additional 4[th] respondent, and found that the petitioner college is not entitled for continuation of provisional affiliation for seats in other courses such as Post Basic B.Sc Nursing and 5 specialities in M.Sc Nursing, for the academic year 2019-20. The petitioners have also sought for a writ of mandamus commanding the 2[nd] respondent University to issue order of affiliation with an intake of 60 for the B.Sc Nursing course, an intake of 50 for Post Basic B.Sc Nursing course and an intake of 5 seats each for 5 Post Graduate programmes, as sanctioned and permitted by the 3[rd] and 4[th] respondents; a declaration that the 1[st] petitioner college is entitled to get permanent affiliation in terms of sub-section (3) of Section 53 of the Kerala University of Health Sciences Act, 2010 read with the University Grants Commission Regulations as applicable; and a declaration that the provision made in Chapter XXI of the Kerala University of Health Sciences First Statute prescribing conditional affiliation as contained in Statute 9 of Chapter XXI is repugnant to sub-section (3) of Section 53 of the Kerala University of Health Sciences Act and the University Grants Commission Regulations Act, 1956 and W.P.(C)No.28745 of 2019 & 7 16974 of 2020 Regulations as it does not provide provision for grant of permanent affiliation as provided in sub-section (3) of Section 53 of the University Act and as mandated under the University Grants Commission Regulations. 2.1. On 29.10.2019, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions with respect to the statistics provided in Ext.P29 order passed by the 2[nd] respondent University, in respect of patient strength and staff pattern, and as to whether the Government has any objection in permitting the petitioners to facilitate training of nursing students in the hospitals concerned. 2.2. Pursuant to the order dated 29.10.2019, a statement has been filed by the learned Special Government Pleader, on 30.10.2019, after obtaining instructions from the District Medical Officer, Alappuzha, with respect to the average inpatient bed occupancy at Taluk Head Quarters Hospital, Cherthala, General Hospital, Alappuzha, and Women and Children Hospital, Alappuzha, for a period of one year immediately preceding the inspection conducted by the 2[nd] respondent University, as evidenced in Ext.P29. By that order, the learned Special Government Pleader was also directed to ascertain the number of colleges permitted to W.P.(C)No.28745 of 2019 & 8 16974 of 2020 utilise the above hospitals as affiliated hospitals. Paragraphs 2 and 3 of the statement filed by the learned Special Government Pleader read thus; “2. As far as the number of colleges using the above hospitals as attached hospitals, the District Medical Officer had given the following lists. 1. St.Thomas Mission Hospital, Kattanam. 2. Josco College of Edapone. 3. Gokulam College of Nursing. 4. K.V.M. College of Nursing, Cherthala. 5. Green Gardens Hospital, Cherthala. 6. St.Sebastian Hospital, Aruthunkal. It is instructed by the District Medical Officer that as per instructions received from the Department of Health Services, the number of students that can be permitted to undergo training at a hospital at a time is restricted as 20 to 30 and that there is no restriction in the number of colleges to be permitted as affiliated colleges. 3. The tabulated inpatient and staff details furnished by the District Medical Officer, Alappuzha is produced herewith and - marked as Annexure 1. It is submitted that the average inpatient bed occupancy at Taluk Head Quarters Hospital, Cherthala for a month during the preceding year as furnished by the District Medical Officer, Alappuzha is 5642 and therefore the average daily inpatient bed occupancy for the said hospital is 5642/30=188.06. So also with respect to the General Hospital, Alappuzha, the average monthly inpatient occupancy is 2133 and therefore the average daily bed occupancy for the said occupancy is 2133/30=71.10. With W.P.(C)No.28745 of 2019 & 9 16974 of 2020 respect to the Women and Children Hospital, Alappuzha, the average monthly inpatient bed occupancy is 3442 and therefore the average daily inpatient bed occupancy is 3442/30=114.73.” 2.3. On 30.10.2019, when this writ petition came up for consideration, this Court declined the interim relief sought for in this writ petition, i.e., interim stay of Ext.P29 and to direct the 2[nd] respondent University to issue order of affiliation in favour of the petitioners with an intake of 60 students for the B.Sc Nursing course, an intake of 30 students for Post Basic B.Sc Nursing course and an intake of 5 seats each for 5 Post Graduate programmes as sanctioned and permitted by the 3[rd] and 4[th] respondents, for the academic year 2019-20, by a detailed order, which reads thus; “This writ petition is filed by the petitioners basically challenging Ext.P29 order passed by the Registrar of he Kerala University of He3lath Sciences, Thrissur dated 09.10.2019, declining the request for granting continuation of provisional affiliation for seats in excess to the sanctioned intake of 30 in B.Sc. Nursing course and for seats in other courses such as Post Basic B.Sc. Nursing and M.Sc. Nursing for the academic year 2019-20. 2. The question is whether the petitioners are entitled to get any interim order, as is prayed for, to stay the operation of Ext.P29 order, and directing the University to issue an order of affiliation in favour of the petitioners with an intake of 60 students for the B.Sc. Nursing program, with an intake of 30 ## W.P.(C)No.28745 of 2019 & 10 16974 of 2020 students for Post Basic B.Sc. Nursing program and with an intake of five seats each for the five postgraduate courses as sanctioned and permitted by the Indian Nursing Council and the State Nursing Council, for the academic year 2019-20, provisionally. 3. In my considered opinion, the additional intake sought for by the petitioners was declined by the University taking taking into account various factual and legal circumstances and has found that the college is not entitled to additional intake, since on evaluation of the situations in respect of the affiliated hospitals, if the recognition is granted for additional intake, it will be in clear violation of the norms of the Indian Nursing Council. It is also clearly found that the bed strength in the affiliated hospitals is far less than the required percentage that is permitted by the Nursing Council of India, and the staff strength of the affiliated institutions are also much less than the staff strength required as per the norms of the Council. 4. It was also found that petitioners have not produced the orders of the District Medical Officer, Alappuzha permitting the three Government Hospitals for the specialties stated by the college for the academic year 2019-20 to the University so far. That apart, it is found that the hospitals are affiliated to other Nursing colleges/schools also and among this, Government Hospital, Alappuzha is the parent hospital of Government School of Nursing, Alappuzha. Therefore, if the students from various institutions are posted in a single affiliated hospital for clinical practices, students may not get the required experiences from there, which will ultimately affect the educational standards. It was also informed by the W.P.(C)No.28745 of 2019 & 11 16974 of 2020 University that the college sought the affiliation for the specialties which are not permitted by the guidelines/norms of Indian Nursing Council. 5. Learned Senior Counsel for the petitioners has advanced a case that the finding with respect to the bed strength in the hospitals in Ext.P29 order is not correct, and thereupon, I have directed the learned Special Government Pleader to secure a report from the appropriate authority and file a report before this Court. Accordingly, a statement is filed along with the statistics of the in-patients and staffs details of the proposed affiliated hospitals, and it is clear from the statement and the report that, what is reflected in Ext.P29 with respect to the bed strength and staff ratio is substantially correct. 6. Even though learned Senior Counsel for the petitioners has a case that other Nursing Colleges are given affiliation to the hospitals in question, and therefore, the approach made by the respondent University to the petitioner alone is arbitrary and illegal. In my considered opinion, these are all matters to be considered by this Court after receiving a detailed counter affidavit from the respondents and assimilating the fact situations and taking into account the pleadings and the documents. 7. In my considered view, petitioners are not entitled to get any interim relief as is sought for, and therefore, having heard the respective counsel, the interim relief as is sought for by the petitioners is declined.” 2.4. The order of this Court dated 30.10.2019 declining the interim relief was under challenge in W.A.No.2260 of 2019 filed on W.P.(C)No.28745 of 2019 & 12 16974 of 2020 04.11.2019. That writ appeal was dismissed as withdrawn, on 27.11.2019. 2.5. On 04.10.2019, the petitioners have filed I.A.No.1 of 2019, seeking an order to accept Exts.P35 to 41, as additional documents, and the same was allowed by this Court. 2.6. On 06.12.2019, a statement has been filed on behalf of the 2[nd] respondent University, through the learned Standing Counsel, opposing the reliefs sought for in this writ petition. 2.7. On 12.12.2019, the petitioners have filed reply affidavit to the statement filed by the 2[nd] respondent University. After the filing of the reply affidavit, an additional statement dated 19.02.2020 has been filed by the learned Standing Counsel for the University, pursuant to the direction contained in the order of this Court dated 11.02.2020. 2.8. On 25.08.2020, when this writ petition came up for consideration along with connected matters, i.e., W.P.(C)Nos. 14649 and 16974 of 2020, this Court passed the following order; “The issue in these writ petitions is revolved around bed occupancy in the General Hospital, Alappuzha, Taluk Government Hospital, Cherthala and Women and Children Hospital, Alappuzha. The petitioner – K.V.M. College of Nursing, Cherthala, claims that they have affiliation with the aforesaid hospitals to run B.Sc. Nursing Programme. The W.P.(C)No.28745 of 2019 & 13 16974 of 2020 inspection report of the University would show that the bed capacity in the aforesaid hospitals being 400, 251 and 308 respectively, the occupancy is much less than 75%. 2. The learned Senior Counsel appearing for the petitioner objected to the manner which the bed occupancy is calculated. 3. The object of an affiliated hospital is to have practical exposure to the students in the nursing programme. What is the manner for inspection and how the inspection has to be carried out will have to be decided at later stage of this case after hearing the Nursing Council. 4. This Court, at threshold, is of the view that one day inspection and finding out the bed occupancy on that particular day will not be sufficient. Any how, it is appropriate to place on record the details of the bed occupancy of the aforesaid hospitals at least of a year preceding to the date of inspection, i.e., 28.09.2019. That may be made available before this Court by the learned Government Pleader. The learned Government Pleader shall communicate this order to the Nursing Superintendent of the General Hospital, Alappuzha, Taluk Government Hospital, Cherthala and Women and Children Hospital, Alappuzha, and file a report before this Court along with a memo by the next posting. 5. The learned Standing Counsel for the University submitted that the petitioner admitted 60 students in the last year without any permission from the University while the University had granted registration only for 34 students. The petitioner shall state before this Court how they admitted the students beyond 34 intake.” W.P.(C)No.28745 of 2019 & 14 16974 of 2020 2.9. Pursuant to the order dated 25.08.2020, the learned Special Government Pleader has filed a statement dated 11.09.2020, producing therewith records relating to bed occupancy in General Hospital, Alappuzha; Taluk Government Hospital, Cherthala; and Women and Children Hospital, Alappuzha for the period from 09/2018 to 09/2019. 2.10. Thereafter, the petitioners have filed an additional affidavit on 14.09.2020, producing certain additional documents. On 29.09.2020, an additional statement has been filed by the 2[nd] respondent University in response to the additional affidavit filed by the petitioners, which was followed by an additional affidavit filed by the petitioners on 05.10.2020. 2.11. On 13.10.2020, when this writ petition came up for consideration along with connected matters, the Kerala Nurses and Midwives Council, Thiruvananthapuram, represented by its Registrar was _suo motu_ impleaded as the additional 4[th] respondent. This Court ordered that, the learned Standing Counsel for the Kerala Nurses & Midwives Council shall make available for the perusal of this Court the files relating to Exts.P5, P5(a) and P5(b) orders in W.P.(C)No.16974 of 2020, along with the inspection report dated 20.03.2019 of the Inspection Commission of Kerala W.P.(C)No.28745 of 2019 & 15 16974 of 2020 Nurses & Midwives Council, which had inspected K.V.M. College of Nursing, on 20.03.2019. 2.12. On 21.10.2020, during the course of arguments, it was pointed out by the learned Standing Counsel for the 2[nd] respondent University that Governing Council of the University, which met on 17.10.2020, has taken a decision to withdraw the affiliation granted to the 1[st] petitioner college. 3. **W.P.(C)No.16974/2020** :- K.V.M. College of Nursing, the petitioner herein, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P16 order dated 11.08.2012 of the 3[rd] respondent Kerala University of Health and Sciences, rejecting its application for continuation of provisional affiliation for B.Sc Nursing course, for the academic year 2020-21. The petitioner has also sought for a declaration that the college is entitled to admit and conduct classes for students, for the academic year 2020-21, in accordance with the intake permitted by the 4[th] respondent Kerala Nurses and Midwives Council. 3.1. On 18.08.2020, when this writ petition came up for admission, the learned Government Pleader took notice for the 1[st] respondent State and the respective Standing Counsel took notice W.P.(C)No.28745 of 2019 & 16 16974 of 2020 for the respondents 2 to 5. 3.2. On 25.08.2020, a statement has been filed on behalf of the 3[rd] respondent, by the learned Standing Counsel, opposing the reliefs sought for in this writ petition. On 05.10.2020, the petitioner has filed reply affidavit. 4. Heard the learned Senior Counsel for the petitioners; the learned Government Pleader for the 1[st] respondent State; the learned Standing Counsel for LBS Centre for Science and Technology; the learned Standing Counsel for the Kerala University of Health Sciences; the learned Standing Counsel for the Kerala Nurses and Midwives Council; and also the learned Standing Counsel for the Indian Nursing Council. 5. During the course of arguments, the issue raised for consideration in W.P.(C)No.28745 of 2019 is as to the legality of Ext.P29 order dated 09.10.2019 issued by the Kerala University of Health Sciences (hereinafter referred to as 'the University'), whereby the University while granting continuation of provisional affiliation to B.Sc Nursing course for the academic year 2020-21 fixed the intake as 30, as against the intake of 60 granted by the additional 4[th] respondent Kerala Nurses & Midwives Council (hereinafter referred to as 'KNMC') and found that the petitioner W.P.(C)No.28745 of 2019 & 17 16974 of 2020 college is not entitled for continuation of provisional affiliation for seats in other courses such as Post Basic B.Sc Nursing and 5 specialities in M.Sc Nursing, for the academic year 2019-20. Similarly, the issue raised for consideration in W.P.(C)No.16974 of 2020 is as to the legality of Ext.P16 order dated 11.08.2012 of the University, whereby the application made by the petitioner for continuation of provisional affiliation for B.Sc Nursing course, for the academic year 2020-21, stands rejected. 6. The document placed on record as Ext.P7 is the Guidelines and Minimum Requirements to Establish B.Sc Nursing Colleges, prescribed by the Indian Nursing Council (hereinafter referred to as 'INC'). 'Clinical Facilities' required for college of nursing prescribed in the said guidelines and minimum requirements, read thus; ## “CLINICAL FACILITIES College of nursing should have a 100 bedded Parent Hospital. i. Distribution of beds in different areas/for 40 annual intake is |Medical|30| |---|---| |Surgical|30| |Obst. & Gynaecology|30| |Pediatrics|20| |Ortho|10| W.P.(C)No.28745 of 2019 & 18 16974 of 2020 ii. Bed Occupancy of the hospital should be minimum **75%** . iii. The size of the Hospital/Nursing Home for affiliation should not be less than **100** beds. iv. Other Specialties/Facilities for clinical experience required are as follows; Major OT Minor OT Dental Eye/ENT Burns and Plastic Neonatology with Nursery Communicable disease Community Health Nursing Cardiology Oncology Neurology/Neuro-surgery Nephrology etc. ICU/ICCU v. Affiliation of psychiatric hospital should be of minimum 50 beds. vi. The Nursing Staffing norms in the affiliated Hospital should be as per the INC norms. vii. The affiliated hospital should give student status to the candidates of the nursing programme. ## viii. **Maximum distance between affiliated hospitals & institutions** :- - a) Institutions generally can be in the radius of 15-30 kms from the affiliated hospital. - b) Hilly & Tribal area it can be in the radius of 30-50 kms from the affiliated hospital. ix. **1:3** student patient ratio to be maintained. If the institution is having both GNM and B.Sc(N) programme, it would require **240** bedded parent/affiliated hospital for **40** W.P.(C)No.28745 of 2019 & 19 16974 of 2020 annual intake in each programme to maintain **1:3** student patient ratio.” 7. As per the Guidelines and Minimum Requirements prescribed by the INC, a nursing college should have a **100** bedded parent hospital. The distribution of beds in different areas for an annual intake of 40 shall be shall be as shown in clause (i). The bed occupancy of the hospital should be minimum 75%, as provided in clause (ii). As per clause (ix), student patient ratio of **1:3** has to be maintained by the nursing college. If the institution is having both GNM (General Nursing Midwifery) and B.Sc Nursing course, it would require **240** bedded parent/ affiliated hospital for 40 annual intake in each programme to maintain **1:3** student patient ratio. As per Ext.P7, the trust, which has established the nursing institution has to establish the hospital, then only it will be considered as 'parent hospital' of that institution. 8. By Gazette Notification dated 12.05.2017, the respondent University publishing Academic Regulations and Course Regulations of 124 courses. The document marked as Ext.P8 is a copy of the Regulations for B.Sc Nursing Course, for the academic year 2016-17 onwards. Para.1.4 deals with minimum academic requirements for the conduct of B.Sc Nursing course. As per W.P.(C)No.28745 of 2019 & 20 16974 of 2020 Para.1.4, the minimum standard requirements for offering undergraduate nursing courses in terms of land, infrastructure, equipment, clinical cases/materials, teaching faculty and other human resources, etc., shall be in compliance with the minimum standards specified by Indian Nursing Council as per the sanctioned student strength in addition to the norms fixed by Kerala University of Health Sciences and the Government from time to time. 9. The document marked as Ext.P5 is a copy of the inspection report dated 04.12.2018 for continuation of affiliation for the academic year 2019-20. As evident from Ext.P5 inspection report (internal page 11, page 47 of the writ petition), the petitioner college secured affiliation for GNM and B.Sc Nursing, with the clinical facilities in the parent hospital, i.e., KVM Hospital, Cherthala. Going by the Guidelines and Minimum Requirements prescribed by the INC, the petitioner college, which is having both GNM and B.Sc Nursing course, would require **240** bedded parent/affiliated hospital for **40** annual intake in each programme to maintain **1:3** student patient ratio. 10. The document marked as Ext.P6 is a copy of letter dated 19.02.2019 issued by the University, whereby the petitioner college was informed that, on verification of the Inspection Report of KVM W.P.(C)No.28745 of 2019 & 21 16974 of 2020 College of Nursing, pertaining to the inspection conducted for granting continuation of provisional affiliation for the academic year 2019-20, the Scrutiny Committee pointed out major deficiency in inpatient strength, wide disparity in total bed strength, deficiency in faculty and deficiency in physical facility. The inpatient strength on the day of inspection was only 108. The bed strength stated for the previous year (2018-19) for routine inspection was 257 and for reinspection was 326, respectively. In the year 2019-20 in the Inspection Report, the total bed strength noted is only 151. Since only 26 faculty including Principal is available, four more faculty to be appointed for maintaining teacher student ratio. FON Lab, Advanced Nursing Lab and Nutrition Lab are under construction. By Ext.P6, the petitioner college was informed that, on account of the above major deficiencies, the request for seat enhancement for B.Sc Nursing course cannot be considered for the academic year 2019-20. For major deficiencies such as faculty deficiency and inpatient strength, if the petitioner college require re-inspection, they have to remit Rs.20,000/- as fine and submit an affidavit duly signed by the Principal to the effect that the college has rectified all the deficiencies noted by the inspection team. Ext.P6 was followed by Ext.P11 University letter, whereby the petitioner college was W.P.(C)No.28745 of 2019 & 22 16974 of 2020 required to submit compliance report rectifying the deficiencies pointed out by the Scrutiny Committee, along with an affidavit duly signed by the Principal of the college to the effect that all deficiencies pointed out during the inspection has already been rectified. 11. On receipt of Ext.P6 University letter, the petitioner college submitted Ext.P10 compliance report dated 27.02.2019. In Ext.P10, regarding deficiency of inpatients in the parent hospital, the petitioner college has stated that the parent hospital is having a bed strength of 151 with an average of daily occupancy of 115 beds with 360 outpatients. On the day of inspection, inpatient strength was 110 (73% of total bed strength). The reduction in bed strength was in the background of the year-long strike by staff during 2017. The after effect of the same is still hunting the institution. Regarding wide disparity in total bed strength noted, it is pointed out that the bed strength of the hospital is 151 from the year 2008 onwards, and the said facility is still available. Ext.P10 was followed by Ext.P12 compliance report dated 23.08.2019, along with an affidavit sworn to by the Principal of the college. In the said affidavit, the Principal of the college has admitted that, on the day of inspection, the inpatient strength in the parent hospital was 110 W.P.(C)No.28745 of 2019 & 23 16974 of 2020 ## (73% of total bed strength). 12. The document marked as Ext.P14 is an order dated 30.05.2019 of KNMC, whereby sanction has been accorded to the petitioner college for admission to B.Sc. Nursing, for the academic year 2019-20, with an intake of 60 students. It is stated in Ext.P14 that, the Inspection Commission of KNMC inspected the petitioner college, on 20.03.2019, and submitted the report. The said report was placed before the Council, on 27.04.2019, and the Council resolved to admit B.Sc Nursing students during 2019-20, after rectifying the deficiencies. The Principal of the college submitted a compliance report dated 18.05.2019, which was placed before the Council in its meeting held on 28.05.2019, and the Council resolved to accord sanction to admit B.Sc. Nursing students during 2019-20, with an intake of 60 students. In Ext.P14 order, it is made clear that, the Management should strictly follow the guidelines of the Government and the University for conducting the programme. The Management should also follow strictly the norms prescribed by INC and KNMC for conducting the programme. The Management should obtain affiliation from the University. As per Ext.P14, the Management should obtain separate order from KNMC to admit the next batch of students, during 2020-21. The document marked as W.P.(C)No.28745 of 2019 & 24 16974 of 2020 Ext.P14(a) is an order dated 30.05.2019, whereby KNMC accorded sanction to the petitioner college for admission to M.Sc Nursing, during the year 2019-20, with an intake of 5 students each in 5 specialties, and the document marked as Ext.P14(b) is another order dated 30.05.2015, whereby KNMC accorded sanction for admission to Post Basic B.Sc Nursing, during the year 2019-20, with an intake of 50 students. 13. The document marked as Ext.P25 is a Government Order dated 22.06.2019, whereby the Government approved the prospectus for admission to B.Sc Nursing and Para Medical courses, for the academic year 2019-20, for allotment in Government seats. It is stated in Ext.P15 that, the said order is one issued by the Government taking into consideration the list furnished by the Registrar of Kerala University of Health Sciences of the Nursing Colleges affiliated to the University and eligible for allotment of students for the academic year 2019-20. As per the list of institutions (not final) annexed to Ext.P16, for B.Sc Nursing course, the number of seats in the petitioner college was 15 seats each, under Government Quota and Management Quota, for the academic year 2019-20. 14. By Ext.P18 order dated 09.07.2019, the University W.P.(C)No.28745 of 2019 & 25 16974 of 2020 granted continuation of provisional affiliation to the petitioner college for B.Sc Nursing, with an intake of 30 students, after reducing the intake for B.Sc Nursing from 60 to 30, during the academic year 2019-20, and rejected the application made by the petitioner college for continuation of provisional affiliation to Post Basic B.Sc Nursing and M.Sc. Nursing courses, subject to ratification of the Governing Council, as the parent hospital of the college lacks inpatient strength for conducting other courses. It is stated in Ext.P18 that, the Inspection Commission, which conducted a surprise re-inspection in the petitioner college submitted a report dated 31.05.2019. The Scrutiny Committee, after verification of the said report, recommended to grant continuation of provisional affiliation to the petitioner college for conducting B.Sc Nursing course with 30 seats, during the academic year 2019-20, since inpatient strength of the parent hospital on the - date of re inspection was only 80, which is inadequate for conducting all the courses existing in the college. Moreover, there - exists shortage of faculty for maintaining teacher student ratio of 1:10. 15. On receipt of Ext.P18, the petitioner college submitted Ext.P19 reply dated 10.07.2019, in which it is admitted that, during W.P.(C)No.28745 of 2019 & 26 16974 of 2020 the first inspection on 04.12.2019 the inpatient strength was 110, which is about 73% of the total bed strength. The compliance report was submitted on 27.02.2019 and thereafter, second surprise inspection was conducted on 31.05.2019. Reconstruction work of the hospital was in progress and for that purpose the second floor with a total bed strength of 32 was closed on 27.02.2019. The Supplementary practical examination for Post Basic B.Sc Nursing was conducted on 21.05.2019, 22.05.2019 and 23.05.2019 in the second floor of the parent hospital. So, during the inspection conducted on 31.05.2019, the total bed strength in the parent hospital was 119. On the day of inspection the inpatient strength was 89, which is 74.78% of the total bed strength. 16. Challenging Exts.P11 and P18, the petitioner college filed W.P.(C)No.20040 of 2019, seeking a declaration that the University ought to have taken into consideration of the inpatient strength in the affiliated hospitals, as required under INC guidelines, before deciding on the question of continuation of the provisional affiliation. The petitioner has also sought for other consequential reliefs. In that writ petition, this Court passed Ext.P19(a) interim order, on 27.08.2019, which reads thus; W.P.(C)No.28745 of 2019 & 27 16974 of 2020 “It is submitted that LBS already allotted 29 candidates to nursing programme. The total strength is reckoned as 60. LBS can allot one more student based on the agreement entered by the petitioner with the Government. The learned Standing Counsel for the Indian Nursing Council submitted that they want to place an affidavit on board. The question that has to be considered is whether the bed capacity of the affiliated hospital can be reckoned or not for admission to a nursing program. The last date for admission is 30[th] September, 2019. In such circumstances, without prejudice to the contention of the University that the bed capacity of the affiliated hospital cannot be reckoned, they shall conduct an inspection and submit a report before this Court on the next posting.” 17. By Ext.P20 University letter dated 01.09.2019, the petitioner college was directed to produce certain documents, so as to enable the University to conduct inspection of the hospitals, which are the affiliated hospitals of the nursing college. On receipt of Ext.P20, the petitioner college submitted Ext.P21 reply, furnishing the list of 5 affiliated hospitals, along with Ext.P21(a) letter producing certain documents relating to those hospitals. 18. By Ext.P22 judgment dated 24.09.2019, this Court disposed of W.P.(C)No.20040 of 2019. In Ext.P22 judgment, this Court noticed that, INC formulated guidelines and minimum requirements (Ext.P7 in this writ petition) for granting recognition W.P.(C)No.28745 of 2019 & 28 16974 of 2020 to nursing programmes from the academic year 2013-14. As per the guidelines, all nursing colleges must have 100 beds in the parent hospital and the bed occupancy of the parent hospital must be 75%. It is also stipulated that 300 bed occupancy is required for admission ranging from 60-100. There was a strike in the parent hospital of the petitioner college, in the year 2017. After partial closure of the hospital, the petitioner college appears to have associated with Taluk Head Quarters Hospital, Cherthala, General Hospital, Alappuzha, Lakeshore Hospital Ernakulam, etc. For continuation of provisional affiliation for B.Sc Nursing, for the academic year 2019-20, the petitioner college submitted an application. The University conducted an inspection. Taking note of the bed occupancy in the parent hospital, the University granted continuation of provisional affiliation for B.Sc Nursing, for an annual intake of only 30 students and also decided to reject the application for continuation of provisional affiliation to Post Basic B.Sc Nursing and M.Sc. Nursing courses. 19. In Ext.P22 judgment this Court noticed that, the petitioner college had entered into an agreement with the Government for the allotment of students. LBS Centre for Science and Technology, on this basis, appears to have allotted 29 students W.P.(C)No.28745 of 2019 & 29 16974 of 2020 to B.Sc. Nursing course. The allotment was found irregular and that, the candidates so allotted to the petitioner college in excess of 50% of the allowed total intake have been recalled. However, as submitted by the learned Standing Counsel, 5 students in excess of the quota are still continuing. After considering the rival contentions, this Court found that, in respect of nursing colleges which were in existence prior to 2013-14, it is possible to reckon the bed capacity of either the parent hospital or the affiliated hospital. INC distinguishes nursing institutions established after 2013-14 and prior to that. The norm that nursing college should have a parent hospital is applicable to the institutes established - only after 2013 2014. Therefore, the old norms that institutions can have affiliation with parent or affiliated hospital would apply to the institutions established prior to 2013-14. In such circumstances, this Court held that, there is no difficulty in granting affiliation to the petitioner college, taking note of the bed capacity of the affiliated hospital as well. INC constituted by an Act of the Parliament is the superior body to determine the standards of nursing education. In the absence of any superior standards made under the State enactment, the standards fixed by them continue to hold the field. INC took the categorical stand that the parent W.P.(C)No.28745 of 2019 & 30 16974 of 2020 hospital norm would only come into force prospectively from 201314. If any institution established before that can enjoy the benefit of affiliation with the affiliated hospital, the petitioner college is also entitled to such benefit. 20. In Ext.P22 judgment, this Court noticed that, in the decision in **Guru Educational Trust v. Kerala University of Health Sciences** [W.A.No.1725 of 2017 and connected cases], a decision relied on by the learned Standing Counsel for the University, the Division Bench, after referring to the regulation, was of the opinion that the nursing institution should have 100 beds in the parent hospital. In fact, the issue as to whether the present regulation or the old regulation is to be followed did not arise in that matter. It is apparent that the Division Bench made reference to the regulations brought during 2013-14. In the light of the aforesaid regulation, there cannot be any dispute in regard to the requirement of having 100 beds in the parent hospital. In fact, the issue in W.P.(C)No.20040 of 2019 has to be considered in the light of old regulations and not based on the new norms issued in the year 2013-14. In such circumstances, by Ext.P22 judgment, this Court interfered with the impugned order to the extent of it denying affiliation for full strength. This Court directed the University, after W.P.(C)No.28745 of 2019 & 31 16974 of 2020 adverting to the bed strength of the affiliated hospital, to take necessary decision to grant continuation of the affiliation, which shall be done within one week. This Court made it clear that, if the petitioner college can make admission for the entire intake to the programmes based on such affiliation, in view of the fact that no further allotments from the Government is possible, such admission shall be completed within a further period of two weeks. 21. After pronouncement of Ext.P22 judgment, the learned Standing Counsel for LBS Centre for Science and Technology submitted that excess students allotted to the petitioner college be retained as against Government quota. Based on that submission, this Court has made it clear that, in view of the fact that the allotment was based on Government quota, the petitioner college shall retain them in the Government quota. In what manner the quota has to be adjusted can be decided at appropriate stage in future. 22. As can be seen from Ext.P29 order dated 09.10.2019, by letter dated 03.09.2019, the University required the college to submit the list of affiliated hospitals and to furnish the documents showing necessary permissions from the authorities of such hospitals to use those hospitals as affiliated hospitals of the W.P.(C)No.28745 of 2019 & 32 16974 of 2020 petitioner college. On receipt of that letter dated 03.09.2019, the Principal of the college submitted a reply dated 05.09.2019 furnishing the list of five affiliated hospitals, namely, Government Hospital, Alappuzha; Taluk Head Quarters Hospital, Cherthala; Women and Children Hospital, Alappuzha and two private hospitals, namely, Lakeshore Hospital, Nettor and St. Rita's Hospital, Thankey, Alappuzha. On verification of the documents, the University found that the permission in respect of two private hospitals, namely, Lakeshore Hospital, Nettor and St. Rita's Hospital, Thankey, Alappuzha, were not based on legally executed Memorandum of Understanding, for the academic year 2019-20, as required by the University. Vide letter dated 25.09.2019, the Principal of the college was required to submit those documents. However, the college failed to submit the required Memorandum of Understanding with the affiliated hospitals. Therefore, the University issued communication dated 28.09.2020, whereby the petitioner college was informed that Lakeshore Hospital, Nettor and St. Rita's Hospital, Thankey cannot be considered as affiliated hospitals, and no further time will be granted to submit legally valid Memorandum of Understanding, in order to prove that those hospitals are affiliated hospitals. The University deputed Inspectors W.P.(C)No.28745 of 2019 & 33 16974 of 2020 to the three Government Hospitals shown as affiliated hospitals for conducting inspection. In the meanwhile, on 28.09.2019, the petitioner college submitted copy of the letter from two private hospitals, in order to treat those hospitals as affiliated hospitals, however, without a Memorandum of Understanding. 23. As per the Norms for Starting New Colleges and for Increase of Seats/for Staring New Courses in Existing Colleges, implemented by the University, in order to ensure quality of nursing education, vide Ext.P30 order dated 12.12.2013, a nursing college can be affiliated to a maximum of three hospitals and a hospital can give affiliation to a maximum of three colleges for specialty postings. The same was intimated to the petitioner college. However, the petitioner college submitted a list of 5 affiliated hospitals, which is not in par with the norms of University. If the affiliated hospital is shown as a substitute for a parent hospital, the affiliation should be limited to one hospital. 24. In terms of the University order dated 27.09.2019, an inspection was conducted in Government Hospital, Alappuzha; Taluk Head Quarters Hospital, Cherthala; and Women and Children Hospital, Alappuzha. The inspection report was placed before the Scrutiny Committee and that Committee submitted a report, after W.P.(C)No.28745 of 2019 & 34 16974 of 2020 verification of the inspection report, and recommended that 3 Government hospitals cannot be considered for granting continuation of provisional affiliation for the year 2019-20, for an intake of 60 applied by the petitioner college, due to the deficiencies pointed out in the Inspection Report. The deficiencies pointed out in the Inspection Report, read thus; “a) The three affiliated hospitals are not having 75% bed occupancy in total on the day of inspection as detailed below nor having 75% bed occupancy in Specialty Departments for which affiliation is sought. As per the norms of Indian Nursing Council, an affiliated hospital should have a minimum of 75% bed occupancy. |**SI.**<br>**No.**|**Name of Hospital**|**Total Bed**<br>**Strength**|**Bed Occupancy on the day of**<br>**inspection (%)* Required**<br>**Bed Strength is 75% as per**<br>**INC norms**| |---|---|---|---| |1|General<br>Hospital,<br>Alappuzha|400|159 (39.75%)| |2|Taluk Head<br>Quarters Hospital,<br>Cherthala|251|180 (71.71%)| |3|W&C Hospital,<br>Alappuzha|308|17 (54.22%)| b) The following staff strength in these three hospitals is not sufficient to meet the requirement of staffing norms mandated by Indian Nursing Council in the affiliated W.P.(C)No.28745 of 2019 & 35 16974 of 2020 hospitals, as shown in brackets. |**SI.**<br>**No.**|**Name of Post**|**Present strength on the day of**<br>**inspection (Required)**|**Present strength on the day of**<br>**inspection (Required)**|**Present strength on the day of**<br>**inspection (Required)**| |---|---|---|---|---| |||**General**<br>**Hospital,**<br>**Alappuzha**|**Taluk Head**<br>**Quarters**<br>**Hospital,**<br>**Cherthala**|**W&C**<br>**Hospital,**<br>**Alappuzha**| |1|Nursing<br>Superintendent|1(2)|2(2)|2(2)| |2|Asst. Nursing<br>Superintendent|0(2)|0(2)|0(2)| |3|Head Nurse|14(16)|12(10)|18(12)| |4|Staff Nurse|62(133)|35(83)|63(102)| |5|Others if any|19|8|3| Further, the orders of the District Medical Officer, Alappuzha permitting affiliation to 3 Government hospitals for the specialties stated by the college, for the academic year 2019-20, were also not submitted. The University found that those Government hospitals are affiliated to other nursing colleges and schools and among this, the Government Hospital, Alappuzha, is the parent hospital of Government School of Nursing, Alappuzha. If the students from various institutions are posted in a single affiliated hospital for clinical practices, students may not get the required experience from there, which will ultimately affect the educational standards. 25. After considering the Inspection Report, the report of the Scrutiny Committee and other relevant materials, the petitioner W.P.(C)No.28745 of 2019 & 36 16974 of 2020 college was informed, vide Ext.P29 order dated 09.10.2019 that, the Government Hospital, Alapuzha; Taluk Head Quarters Hospital, Cherthala; and Women and Children Hospital, Alappuzha, cannot be considered for the purpose of granting continuation of provisional affiliation for seats in excess to the sanctioned intake of 30 for B.Sc Nursing course and for seats in other courses such as Post Basic B.Sc Nursing and M.Sc Nursing for the academic year 2019-20. Accordingly, by Ext.P29 order the 2[nd] respondent University, while granting continuation of provisional affiliation to B.Sc Nursing course for the academic year 2019-20 fixed the intake as 30, as against the intake of 60 granted by the additional 4[th] respondent, and held that the petitioner college is not entitled for continuation of provisional affiliation for seats in other courses such as Post Basic B.Sc Nursing and 5 specialities in M.Sc Nursing, for the academic year 2019-20 26. As evident from Ext.P5 inspection report (internal page 11, page 47 of the writ petition), the petitioner college secured affiliation for GNM (General Nursing Midwifery) and B.Sc Nursing, with the clinical facilities in the parent hospital, i.e., KVM Hospital, Cherthala. As per Ext.P7 Guidelines and Minimum Requirements prescribed by the INC, a nursing college should have a **100** bedded W.P.(C)No.28745 of 2019 & 37 16974 of 2020 parent hospital, and the distribution of beds in different areas for an annual intake of 40 shall be as shown in clause (i). The bed occupancy of the hospital should be minimum 75%, as provided in clause (ii). As per clause (vi), the Nursing Staffing norms in the affiliated Hospital should be as per the INC norms. As per clause (ix), student patient ratio of **1:3** has to be maintained by the nursing college. If the institution is having both GNM and B.Sc(N) programme, as per Ext.P7, such an institution require **240** bedded parent/affiliated hospital for **40** annual intake in each programme to maintain **1:3** student patient ratio. Therefore, going by Ext.P7, the petitioner college, which is having both GNM and B.Sc Nursing course, would require **240** bedded parent/affiliated hospital for **40** annual intake in each programme to maintain **1:3** student patient ratio. 27. Pursuant to the order of this Court dated 13.10.2020, the learned Standing Counsel for the KNMC has made available for the perusal of this Court the files relating to Exts.P5, P5(a) and P5(b) orders in W.P.(C)No.16974 of 2020, along with the inspection report dated 20.03.2019 of the Inspection Commission of KNMC, which had inspected the petitioner college on 20.03.2019. During the course of arguments, the learned Standing Counsel for KNMC W.P.(C)No.28745 of 2019 & 38 16974 of 2020 would point out that, on 20.03.2019, the Inspection Commission of KNMC did not conduct physical verification of bed strength and bed occupancy in the respective affiliated hospitals, other than the Taluk Headquarters Hospital, Cherthala and that, the Inspection Commission collected the relevant data from the Medical Superintendents of the respective hospitals. 28. The learned Standing Counsel would point out that, as per Ext.P7 Guidelines and Minimum Requirements prescribed by the INC, the petitioner nursing college, which is having both GNM and B.Sc Nursing course, would require **240** bedded parent/ affiliated hospital for **40** annual intake in each programme to maintain **1:3** student patient ratio. The Inspection Commission of the University conducted inspection with reference to the lower bed strength and bed occupancy required for a nursing college which do not have GNM (General Nursing Midwifery). Even then, the bed occupancy of the parent/affiliated hospital was below the minimum requirement of 75%, in almost all inspections conducted by the Inspection Commission of the University. As evident from Ext.P29 order, at the time of inspection, the three affiliated hospitals are not having 75% bed occupancy in total on the day of inspection as detailed in the said order nor having 75% bed occupancy in Specialty Departments W.P.(C)No.28745 of 2019 & 39 16974 of 2020 for which affiliation is sought. As per clause (vi) of Ext.P7, the Nursing Staffing norms in the affiliated Hospital should be as per the INC norms. As noticed in Ext.P29 order, at the time of inspection, the staff strength in the three affiliated hospitals was not sufficient to meet the requirement of staffing norms mandated by INC in the affiliated hospitals. 29. On 29.10.2019, when this writ petition came up for consideration, the learned Senior Counsel for the petitioner advanced a case that the finding in Ext.P29 order with respect to the bed strength in the hospitals is not correct. This Court by order dated 29.10.2019 directed the learned Special Government Pleader to secure a report from the appropriate authority and file a report before this Court. Accordingly, on 30.10.2019, a statement has been filed by the leaned Special Government Pleader, after obtaining instructions from the District Medical Officer, Alappuzha with respect to the average inpatient bed occupancy at Taluk Head Quarters Hospital, Cherthala, General Hospital, Alappuzha, and Women and Children Hospital, Alappuzha, for a period of one year immediately preceding the inspection conducted by the 2[nd] respondent University, as evidenced in Ext.P29. As per the statement filed by the learned Special Government Pleader, 6 W.P.(C)No.28745 of 2019 & 40 16974 of 2020 nursing colleges including the petitioner college, are utilising the above hospitals as affiliated hospitals. 30. On 30.10.2019, by a detailed order, this Court declined the interim relief sought for in W.P.(C)No.28475 of 2019. In that order, this Court found that, it is clear from the statement and the report (i.e., the statement filed along with the statistics of the inpatients and staffs details of the proposed affiliated hospitals) that, what is reflected in Ext.P29 with respect to the bed strength and staff ratio is substantially correct. The said order of this Court declining the interim relief was under challenge in W.A.No.2260 of 2019 filed by the petitioner college, on 04.11.2019. That writ appeal was dismissed as withdrawn, on 27.11.2019. 31. In the order dated 25.08.2020, this Court noticed that, as per the report of the Inspection Commission of the University 'bed occupancy' in 3 affiliated hospitals with 'bed capacity' of 400, 251 and 308 respectively, is much less than 75%. By that order, this Court directed the learned Special Government Pleader to place on record the details of the bed occupancy of the aforesaid hospitals at least of a year preceding to the date of inspection, i.e., 28.09.2019. In that order, this Court recorded the submission made by the learned Standing Counsel for the University that, the petitioner W.P.(C)No.28745 of 2019 & 41 16974 of 2020 college admitted 60 students in the last year without any permission from the University while the University had granted registration only for 34 students. Therefore, by order dated 25.08.2010, the petitioner was directed to state before this Court how they admitted students beyond 34 intake. 32. On 11.09.2020, the learned Special Government Pleader has filed a statement dated 09.09.2020, producing therewith the reports submitted by the Superintendent of the 3 affiliated hospitals furnishing the details of 'bed occupancy' from September, 2018 to September, 2019. As per the report submitted by the Superintendent, General Hospital, Alappuzha the bed occupancy rate for the period from September, 2018 to September, 2019 ranges from 25% to 45%. As per the report submitted by the Superintendent, Women and Children Hospital, Alappuzha the bed occupancy rate for the said period ranges from 31% to 41%. The bed occupancy rate in the Taluk Headquarters Hospital, Cherthala is also less than 75% for the said period. 33. On 14.09.2020, the Principal of the petitioner college has filed an additional affidavit disputing the above reports, by contending that, if bed occupancy rate of the respective hospital is calculated against the actual bed strength, it will come to a monthly W.P.(C)No.28745 of 2019 & 42 16974 of 2020 average above 75%. In para.11 of the said affidavit it is stated that, a per Ext.P22 judgment dated 24.09.2019 in W.P. (C)No.20040 of 2019, this Court directed the University to grant continuation of affiliation with full strength within one week, which expired on 01.10.2019. The petitioner college was also directed to complete admission within a period of two weeks. Following the said judgment, the University was obliged to issue the communication within the period prescribed, as otherwise, the presumption is that the same has been granted. Accordingly, within the time of two weeks, the petitioner college completed the admission and the said process was over on 09.10.2019. However, in the evening hours of 09.10.2019, the University issued Ext.P29 communication, restricting the intake as 30. Therefore, even though admission was completed, the details of excess students admitted in the college were not given for registration, though they were permitted to attend the classes, as there is no case for the University that class room facility is not available for 60 students. The clinical experience training is required to be provided from the second academic year onwards, which is yet to commence. 34. On 29.09.2020, the respondent University has filed an additional statement, pointing out that the documents produced W.P.(C)No.28745 of 2019 & 43 16974 of 2020 along with the additional affidavit filed on behalf of the petitioner college would only show that students are permitted to have clinical training in those hospitals for a period of three months. The petitioner college, showing scant regard to the rule of law and in total disregard to the affiliation granted to make admission to 34 seats in B.Sc Nursing course, for the academic year 2019-20, admitted 60 students. The petitioner college has not divulged said fact before this Court and even after the same was detected, the stand adopted is that of denial. The petitioner is yet to receive approval from the Admission Supervisory Committee in respect of the admissions to B.Sc Nursing course. Despite the order of this Court to place on record the facts relating to the admissions made in excess of the intake, the petitioner college has not chosen to file any affidavit. 35. On 05.10.2020, the Principal of the petitioner college has filed an additional affidavit, producing therewith Exts.P55 and P56 communications addressed to the Admission Supervisory Committee. The petitioner college had taken every action to protect the interests of the students. By Ext.P57 judgment dated 25.08.2020 in W.P.(C)No.15864 of 2020, this Court directed the University to register 4 students admitted by LBS Centre for W.P.(C)No.28745 of 2019 & 44 16974 of 2020 Science and Technology, in excess of 30 seats. 36. As already noticed hereinbefore, by Ext.P18 order dated 09.07.2019, the University granted continuation of provisional affiliation to the petitioner college for B.Sc Nursing, with an intake of 30 students, after reducing the intake for B.Sc Nursing from 60 to 30, during the academic year 2019-20, and rejected the application made by the petitioner college for continuation of provisional affiliation to Post Basic B.Sc Nursing and M.Sc. Nursing courses. As per Ext.P18, the inpatient strength of the parent hospital on the date of re-inspection was only 80 and there was shortage of faculty for maintaining teacher-student ratio of 1:10. The said order was under challenge before this Court in W.P. (C)No.20040 of 2019, which was disposed of by Ext.P22 judgment dated 24.09.2019. This Court interfered with the impugned order to the extent of it denying affiliation for full strength. This Court directed the University, after adverting to the bed strength of the affiliated hospital, to take necessary decision to grant continuation of the affiliation, which shall be done within one week. This Court has made it clear that, if the petitioner college can make admission for the entire intake to the programmes based on such affiliation, in view of the fact that no further allotments from the Government is W.P.(C)No.28745 of 2019 & 45 16974 of 2020 possible, such admission shall be completed within a further period of two weeks. As per the direction contained in Ext.P22 judgment, the petitioner college can make admission for the entire intake only after an order of affiliation is passed by the University, after adverting to the bed strength of the affiliated hospital. Therefore, the direction contained in Ext.P22 judgment will not entitle the petitioner college either to commence or complete admission process for the seats in B.Sc Nursing course, for the academic year 2019-20, in excess of the intake of 30 sanctioned in Ext.P18, without an order of affiliation being passed by the University, after adverting to the bed strength of the affiliated hospital. No presumption as to grant of affiliation for additional intake can be drawn, on account of any delay on the part of the University in taking a decision on the grant of continuation of provisional affiliation for an intake, in excess of the sanctioned intake of 30 in Ext.P18. 37. On 30.10.2019, this Court declined the interim relief sought for in W.P.(C)No.28745 of 2019, i.e., interim stay of Ext.P29 order and to direct the University to issue order of affiliation in favour of the petitioners with an intake of 60 students for the B.Sc Nursing course, an intake of 30 students for Post Basic W.P.(C)No.28745 of 2019 & 46 16974 of 2020 B.Sc Nursing course and an intake of 5 seats each for 5 Post Graduate programmes, for the academic year 2019-20, by a detailed order. The admission process stated to have been undertaken and completed by the petitioner for the seats in B.Sc Nursing course, for the academic year 2019-20, in excess of the intake of 30 sanctioned in Ext.P18, was never disclosed before this Court, till it was detected in the inspection conducted by the University. 38. In **Prestige Lights Limited v. State Bank of India [(2007) 8 SCC 449]** the Apex Court reiterated that a prerogative remedy is not a matter of course. Therefore, in exercising extraordinary power, a writ court will indeed bear in mind the conduct of the party who is invoking such jurisdiction. If the applicant does not disclose full facts or suppresses relevant materials or is otherwise guilty of misleading the court, the court may dismiss the action without adjudicating the matter. The rule has been evolved in larger public interest to deter unscrupulous litigants from abusing the process of court by deceiving it. The very basis of the writ jurisdiction rests in disclosure of true, complete and correct facts. If the material facts are not candidly stated or are suppressed or are distorted, the very functioning of the writ W.P.(C)No.28745 of 2019 & 47 16974 of 2020 courts would become impossible. 39. In **Prestige Lights' case (supra)** the Apex Court held further that, under Article 226 of the Constitution of India, the High Court is exercising discretionary and extraordinary jurisdiction. Over and above, a Court of Law is also a Court of Equity. It is, therefore, of utmost necessity that when a party approaches a High Court, he must place all the facts before the Court without any reservation. If there is suppression of material facts on the part of the applicant or twisted facts have been placed before the court, the writ court may refuse to entertain the petition and dismiss it without entering into merits of the matter. Paragraphs 33 and 34 of the said judgment read thus: “33. It is thus clear that though the appellant-Company had approached the High Court under Article 226 of the Constitution, it had not candidly stated all the facts to the Court. The High Court is exercising discretionary and extraordinary jurisdiction under Article 226 of the Constitution. Over and above, a Court of Law is also a Court of Equity. It is, therefore, of utmost necessity that when a party approaches a High Court, he must place all the facts before the Court without any reservation. If there is suppression of material facts on the part of the applicant or twisted facts have been placed before the Court, the Writ Court may refuse to entertain the petition and dismiss it without entering into merits of the matter. W.P.(C)No.28745 of 2019 & 48 16974 of 2020 34. The object underlying the above principle has been succinctly stated by Scrutton, L.J., in **R v. Kensington Income Tax Commissioners, [(1917) 1 KB 486 : 86 LJ KB 257 : 116 LT 136 (CA)]** , in the following words: "It has been for many years the rule of the Court, and one which it is of the greatest importance to maintain, that when an applicant comes to the Court to obtain relief on an ex parte statement he should made a full and fair disclosure of all the material facts - facts, not law. He must not misstate the law if he can help it - _the court is supposed to know the law. But it knows nothing about the facts_ , and the applicant must state fully and fairly the facts, and the penalty by which the Court enforces that obligation is that if it finds out that the facts have not been fully and fairly stated to it, the Court will set aside, any action which it has taken on the faith of the imperfect statement." (Emphasis supplied) 40. It is well settled that, a litigant who invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution must come with clean hands and clean objects. The judicial proceedings are sacrosanct, and no person would be allowed to abuse the judicial process, particularly, in public law remedy. In writ proceedings, the court places implicit faith on the parties and their pleadings, as it does not indulge in any fact finding or roving enquiry of what has been asserted. Since Article 226 of W.P.(C)No.28745 of 2019 & 49 16974 of 2020 the Constitution of India espouses equity jurisprudence, a litigant who has approached the Court with unclean hands, without disclosing full facts, is not entitled for any reliefs. 41. In **K.D. Sharma v. Steel Authority of India Ltd. [(2008) 12 SCC 481]** the Apex Court held that the party who invokes the extraordinary jurisdiction of the Apex Court under Article 32 or of a High Court under Article 226 of the Constitution is supposed to be truthful, frank and open. He must disclose all material facts without any reservation even if they are against him. He cannot be allowed to play 'hide and seek' or to 'pick and choose' the facts he likes to disclose and to suppress (keep back) or not to disclose (conceal) other facts. The very basis of the writ jurisdiction rests in disclosure of true and complete (correct) facts. If material facts are suppressed or distorted, the very functioning of Writ Courts and exercise would become impossible. The petitioner must disclose all the facts having a bearing on the relief sought without any qualification. This is because, "the Court knows law but not facts". 42. In **K.D. Sharma** , the Apex Court held further that, if the primary object as highlighted in **R. v. Kensington Income Tax** W.P.(C)No.28745 of 2019 & 50 16974 of 2020 **Commissioners [(1917) 1 KB 486]** is kept in mind, an applicant who does not come with candid facts and 'clean breast' cannot hold a writ of the Court with 'soiled hands'. Suppression or concealment of material facts is not an advocacy. It is a jugglery, manipulation, maneuvering or misrepresentation, which has no place in equitable and prerogative jurisdiction. If the applicant does not disclose all the material facts fairly and truly but states them in a distorted manner and misleads the Court, the Court has inherent power in order to protect itself and to prevent an abuse of its process to discharge the rule nisi and refuse to proceed further with the examination of the case on merits. If the Court does not reject the petition on that ground, the Court would be failing in its duty. In fact, such an applicant requires to be dealt with for Contempt of Court for abusing the process of the Court. 43. Therefore, it is well settled that, a litigant who invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution must come with clean hands and clean objects. The judicial proceedings are sacrosanct, and no person would be allowed to abuse the judicial process, particularly, in public law remedy. In writ proceedings, the Court places implicit faith on the parties and their pleadings, as it does not indulge in any fact finding W.P.(C)No.28745 of 2019 & 51 16974 of 2020 or roving enquiry of what has been asserted. Since Article 226 of the Constitution of India espouses equity jurisprudence, a litigant who has approached the Court with unclean hands, without disclosing full facts, is not entitled for any reliefs. 44. As held by the Apex Court in **Dnyandeo Sabaji Naik** a litigant who takes liberties with the truth or with the procedures of the Court should be left in no doubt about the consequences to follow. Others should not venture along the same path in the hope or on a misplaced expectation of judicial leniency. Exemplary costs are inevitable, and even necessary, in order to ensure that in litigation, as in the law which is practised in our country, there is no premium on the truth. 45. In **K. Velayudhan Memorial Trust v. State of Kerala and Others [2010 (3) KHC 23]** , a decision relied on by the learned Senior Counsel for the petitioner college, the contention raised before a Full Bench of this Court was that n view of the permission granted by Indian Nursing Council (INC) in favour of each of the appellant nursing colleges, the subsequent orders passed by Kerala Nurses & Midwifes Council (KNMC), which are at variance with the permissions granted by INC are illegal and therefore, the learned Judge erred in holding that KNMC should W.P.(C)No.28745 of 2019 & 52 16974 of 2020 reconsider the issue and obtain appropriate further orders from INC. Therefore, the Full Bench of this Court was dealing with an inter-se dispute between INC and KNMC in the matter of granting approval for nursing courses. In some cases, the intake approved by KNMC was less than the intake approved by INC. In some cases, KNMC even disapproved the commencement of nursing courses. The Full Bench noticed that, the question was earlier considered by a learned Judge of this Court in **National Medical Educational Charitable Trust v. Kerala Nursing and Midwifery Council** **[2006 (2) KLT 612]** in which it was held that, by virtue of the regulation making power contained in sub-section (1) of Section 16 of the Indian Nursing Council Act, 1947 the Central Council may prescribe the physical and clinical facilities that may be provided in an institution. The same is only for the purpose of deciding whether the training imparted in that institution, is upto the mark to enjoy the recognition for the qualification awarded pursuant to the training. Recognition or approval of institutions is essentially the function of the State Nursing Council. Clause (b) of sub-section (1) of Section 14 of the Act also recognises the said position. The Full Bench opined that, having regard to the scheme of Indian Nursing Council Act, 1947 and the Kerala Travancore Cochin Nurses and W.P.(C)No.28745 of 2019 & 53 16974 of 2020 Midwives Act, 1953, the authority of the Indian Nursing Council is limited to the establishment of standards of education which includes prescribing the appropriate syllabus, norms of training, prescription of appropriate infrastructure for conducting the courses etc. whereas whether a particular institution which proposes to impart education in Nursing, etc. is to be recognised having regard to the norms and standards prescribed by the National Council and also having regard to the availability of the infrastructure, etc. of a particular institution is a matter to be decided by the State Council established under the Kerala Act of 1953. If that is the legal position emerging from the examination of the two enactments referred to earlier, clauses (2) and (6) of Regulation 78 insofar as they purport to obligate the institutions proposing to impart training in nursing and allied courses to seek prior approval of the National Council are ultra vires the authority of the National Council. That being the case the various communications issued by the National Council, purporting to permit each of the appellants herein to commence various courses in nursing with an intake of students specified as against each of those courses, are without any basis in law. The appropriate authority to consider such applications is the State Council established under State Act of W.P.(C)No.28745 of 2019 & 54 16974 of 2020 1953, though there is a statutory appeal against such authority provided under Section 27 of the said Act. No doubt, the State Council while granting or declining permission/approval for commencement of any training course in nursing or allied courses covered under the above mentioned two enactments is bound by the norms and standards stipulated by the National Council. The Full Bench modified the judgment of the learned Single Judge, by directing the State Council to consider afresh the case of each one of the appellants for conducting various courses which are the subject matter of dispute, in the light of the judgment, and in accordance with the norms and standards prescribed by the National Council, apart from any of the prescriptions made by the Kerala State or the State Council and take expeditious decision with reference to each of the appellants, preferably within a period of two weeks from the date of receipt of a copy of that judgment. Further the University of Kerala was also directed to give affiliation to each of the appellants in terms of the decision to be taken by the State Council as indicated, if necessary. 46. In **Mar Gregorious Memorial Muthoot Medical Centre v. Kerala University of Health and Allied Sciences** W.P.(C)No.28745 of 2019 & 55 16974 of 2020 **[2011 (4) KHC 333]** , the question that came up for consideration before a learned Judge of this Court in W.P.(C)Nos.24933 of 2011 and 26443 of 2011 was as to whether Kerala University of Health Sciences is supposed to act just as a 'rubber stamp' in the matter of granting affiliation to institutions invoking the power under Section 50 or 53 of the Kerala University of Health Sciences Act, 2010, once approval is granted in respect of the courses and infrastructure by Indian Nursing Council and Kerala Nurses and Midwives Council. Relying on two Full Bench decisions of this Court in **Vikram Sarabhai Educational Trust & B.Ed College v. University of Calicut [2008 (2) KHC 647]** and **K. Velayudhan Memorial Trust [2010 (3) KHC 23]** it was contended that the University does not have any power or authority to decline affiliation in respect of B.Sc Nursing course or Post Basic B.Sc Nursing course sanctioned by Nursing Council or reduce the intake by stipulating some or other norms of their choice. 47. In **Mar Gregorious Memorial Muthoot Medical Centre** this Court found considerable force in the submission made by the learned Standing Counsel for the University that the decision rendered by the Full Bench is not an authority to hold that affiliation to be given by the University is only an empty formality W.P.(C)No.28745 of 2019 & 56 16974 of 2020 or that once sanction is given by the State Council as aforesaid, affiliation to be given by the University is automatic. There is no such declaration of law in the decision rendered by the Full Bench referring to the relevant provisions of the University Act/Statute or as to the relative rights and liberties of the University in relation to the powers and authority of the Indian Nursing Council/Kerala Nurses and Midwives Council. In **Upasana College of Nursing v.** **Kerala University for Health and Allied Sciences [2010 (4) KHC 224]** it was held that, granting of affiliation by the University is not an automatic exercise once sanction/permission is obtained from Indian Nursing Council/ Kerala Nurses & Midwives Council. Interference was declined and the writ petitions preferred by the concerned institutions were dismissed as devoid of any merit. The matter was taken up in appeal by the aggrieved institutions. After detailed hearing, the Division Bench, vide judgment dated 13.10.2010 in W.A.No.1715 of 2010 and connected cases, held that the process of affiliation was never automatic. The grant of affiliation is not an empty formality by the University. The University which awards the degree certificates can always ensure that students undergo the proper course study in an eligible institution in accordance with the curriculum prescribed by the W.P.(C)No.28745 of 2019 & 57 16974 of 2020 University. Further, referring to the relevant provisions under the Calicut University Act and the Calicut University First Statutes, 1977, it has been held by a Division Bench of this Court in **University of Calicut v. Amala Institute of Medical Sciences** **[2009 (2) KHC 71]** that the University is having ample power to inspect the college seeking affiliation and that the institution is bound to furnish any information called for in this regard. It has also been held that, if there is any serious deficiency in the manner of running the college, the University can definitely take action against the college and 'dis-affiliate' it; the power to dis-affiliate being corollary to the power to affiliate and that the University is vested with the power to conduct necessary inspection and to satisfy itself as to the availability of infrastructure and such other aspects. As the primary function of the University is to guarantee quality education, maintaining/regulating academic standards of the affiliated institutions, it is open for the University to prescribe conditions for recognition of the institutions, which is not in conflict with the norms prescribed by the INC under the Central Act. As such, the contention of the petitioners that the respondent University is bound to 'sign on the dotted lines' for granting affiliation, the petitioners having obtained sanction/approval from W.P.(C)No.28745 of 2019 & 58 16974 of 2020 the Central/State Council, is wrong and unfounded. 48. In **K.V.M. Trust v. Kerala University of Health & Allied Sciences [2011 (4) KHC 948]** [W.A.No.1528 of 2011 arising out of W.P.(C)No.26443 of 2011] the appellant contended, _inter alia_ , that once the Indian Nursing Council and the State Nurses and Midwives Council accorded permission for the intake of 50 students, the respondent University has no authority to restrict the intake to a lesser number. The Division Bench, relying on the decisions in **Amala Institute of Medical Sciences [2009 (2) KHC 71]** and **Upasana College of Nursing [2010 (4) KHC 224]** and also the Regulations of the Indian Nursing Council held that the permission accorded by the Indian Nursing Council is basing upon a prima facie satisfaction of the availability of the infrastructure facilities and it is for the State Council to accord its permission as well as the respondent University to conduct inspection and satisfy the availability of the infrastructure facilities for running the course before granting affiliation. Therefore, the Division Bench upheld the finding of the learned Single Judge that granting affiliation is not an empty formality. 49. In **Maa Vaishno Devi Mahila Mahavidyalaya v. State of U.P. [2013 (2) SCC 617]** the Apex Court, in the context of the W.P.(C)No.28745 of 2019 & 59 16974 of 2020 National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2009 held that, grant of recognition or affiliation to an institute is a condition precedent to running of the courses by the Institute. If either of them is not granted to the institute, it would not be in a position to commence the relevant academic courses. There is a possibility of some conflict between a University Act or Ordinance relating to affiliation with the provisions of the Central Act. In such cases, the matter is squarely answered in the case of **State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya [(2006) 9 SCC 1]** where the Court stated that after coming into operation of the Central Act, the operation of the University Act would be deemed to have become unenforceable in case of technical colleges. It also observed that provision of the Universities Act regarding affiliation of technical colleges and conditions for grant of continuation of such affiliation by university would remain operative but the conditions that are prescribed by the university for grant and continuation of affiliation must be in conformity with the norms and guidelines prescribed by the National Council for Teacher Education (NCTE). Under Section 14 of the National Council for Teacher Education Act, 1993 and particularly in terms of Section 14(3)(a), the NCTE is required to W.P.(C)No.28745 of 2019 & 60 16974 of 2020 grant or refuse recognition to an institute. It has been empowered to impose such conditions as it may consider fit and proper keeping in view the legislative intent and object in mind. In terms of Section 14(6) of the Act, the examining body shall grant affiliation to the institute where recognition has been granted. In other words, granting recognition is the basic requirement for grant of affiliation. It cannot be said that affiliation is insignificant or a mere formality on the part of the examining body. It is the requirement of law that affiliation should be granted by the affiliating body in accordance with the prescribed procedure and upon proper application of mind. Recognition and affiliation are expressions of distinct meaning and consequences. In the case of **Chairman, Bhartia Education Society v. State of Himachal Pradesh [(2011) 4 SCC 527]** it was held that the purpose of recognition and affiliation is different. In the context of the Act, affiliation enables and permits an institution to send its students to participate in public examinations conducted by the examining body and secure the qualification in the nature of degrees, diploma and certificates. On the other hand, recognition is the licence to the institution to offer a course or training in teaching education. The Court also emphasised that the affiliating body/examining body does not have any discretion to W.P.(C)No.28745 of 2019 & 61 16974 of 2020 refuse affiliation with reference to any of the factors which have been considered by the NCTE while granting recognition. The examining body can impose conditions in relation to its own requirements. These aspects are (a) eligibility of students for admission; (b) conduct of examinations; (c) the manner in which the prescribed courses should be completed; and (d) to see that the conditions imposed by the NCTE are complied with. Despite the fact that recognition itself covers the larger precepts of affiliation, still the affiliating body is not to grant affiliation automatically but must exercise its discretion fairly and transparently while ensuring that conditions of the law of the university and the functions of the affiliating body should be complementary to the recognition of NCTE and ought not to be in derogation thereto. 50. As already noticed hereinbefore, in the inspection conducted on 27.09.2019, the Inspection Commission found that the three affiliated hospitals are having bed occupancy less than the required minimum of 75%. The bed occupancy in General Hospital, Alappuzha was only 39.75%, that in Taluk Head Quarters Hospital, Cherthala was 71.71% and that in Women and children Hospital, Alappuzha was 54.22%. Moreover, the staff strength in those hospitals was also not sufficient to meet the requirement of W.P.(C)No.28745 of 2019 & 62 16974 of 2020 staffing norms mandated by INC. Pursuant to the order of this Court dated 29.10.2019, in W.P.(C).No.28745 of 2019, statement showing the average inpatient bed occupancy, in those hospitals, for a period of one year immediately preceding the inspection conducted by the University was placed on record before this Court. After considering that statement and report this Court, in the order dated 30.10.2019, found that what is reflected in Ext.P29 with respect to the bed strength and staff ratio is substantially correct. Thereafter, pursuant to the order of this Court dated 25.08.2020, the learned Special Government Pleader has placed on record the reports submitted by the Superintendent of the three affiliated hospitals, furnishing the details of bed occupancy from September, 2018 to September, 2019. As per those reports, the bed occupancy rate in those hospitals ranges from 25% to 45% and 31% to 41% in respect of General Hospital, Alappuzha and Women and Children Hospital, Alappuzha. The bed occupancy rate in Taluk Headquarters Hospital, Cherthala, is also less than 75% for the said period. 51. As laid down in the decisions referred to hereinbefore, before granting affiliation to a nursing college for conducting nursing courses, on the strength of the permission granted by the W.P.(C)No.28745 of 2019 & 63 16974 of 2020 State Nursing Council, the affiliating University has to conduct inspection in order to satisfy the availability of infrastructure, clinical facilities, etc. The granting of affiliation is not an empty formality. Therefore, the respondent University is well within its powers in limiting the annual intake for B.Sc nursing course in the petitioner college for the academic year 2019-20, as 30 as against the intake of 60 granted by KNMC, for the reasons stated in Ext.P29 order and in holding that the college is not entitled for continuation of provisional affiliation for other courses. In that view of the matter, no interference is warranted on Ext.P29 order dated 09.10.2019 of the respondent University and the challenge made in this writ petition against that order fails and the writ petition is accordingly, dismissed. 52. As already noticed hereinbefore, the petitioner never disclosed before this Court, till it was detected in the inspection conducted by the respondent University, that it had undertaken and completed admission process in seats in excess of the intake of 30 sanctioned in Ext.P18 order for B.Sc Nursing course. In view of the law laid down in the decisions referred to hereinbefore, dismissal of this writ petition imposing exemplary cost is inevitable, and even necessary, in order to ensure that in litigation, as in the law which W.P.(C)No.28745 of 2019 & 64 16974 of 2020 is practiced in our country, there is no premium on the truth. In that view of the matter, W.P.(C).No.28745 of 2019 is dismissed imposing a cost of Rs.1,00,000/- (Rupees One Lakh only) payable by the petitioners to the 2[nd] respondent University, which shall be paid within a period of one month from the date of receipt of a copy of this judgment. 53. Now the issue that remains to be considered is the challenge made in W.P.(C)No.16974 of 2020 against Ext.P16 order dated 11.08.2020 passed by the 3[rd] respondent University, whereby the application made by the petitioner college for continuation of provisional affiliation for the academic year 2020-21 stands rejected for the reasons stated therein. 54. The pleadings and materials on record would show that, on 18.12.2019, the Inspection Team deputed by the University conducted inspection in the petitioner college and submitted its report dated 18.12.2019. The Scrutiny Committee, on verification of that report noticed the following deficiencies; (i) Bed occupancy on the day of inspection in the parent hospital is 77 only. The sanctioned intake of students for all course is 115. Bed occupancy is insufficient to train students; (ii) Number of 1[st] year B.Sc Nursing students present was 60, but in the register and admission record W.P.(C)No.28745 of 2019 & 65 16974 of 2020 entry is only for 34 students. The sanctioned strength is 30 only; (iii) Hostel rooms are congested; (iv) Affiliated to five hospitals for clinical training of students; (v) University examination of Child Health Nursing, Mental health Nursing, OBG and Surgical nursing are conducted in affiliated hospitals. Hence the Scrutiny Committee recommended only B.Sc Nursing course with an intake of 25 students, for the academic year 2020-21, subject to rectification of deficiencies. 55. In order to verify the finding of the Inspection Commission that excess students over the permitted intake are attending first year B.Sc Nursing class, the University conducted a re-inspection on 17.02.2020. After scrutinising the report of the Inspection Commission, the Scrutiny Committee found that; (a) the college has admitted 60 students for B.Sc Nursing, against 30 seats sanctioned by the University vide order dated 09.07.2019; (b) The college have done the registration of 30 students only to the University web site; (c) The inpatient strength of the parent hospital remains the same; (d) The deficiencies pointed out in the first inspection are not rectified. Hence the Scrutiny Committee recommended to place the issue before Governing Council for appropriate decision. Accordingly, the matter was placed in the 60[th] W.P.(C)No.28745 of 2019 & 66 16974 of 2020 Governing Council of the University held on 25.07.2020. The Governing Council decided to reject the request for continuation of provisional affiliation to the petitioner college for conducting nursing courses, for the year 2020-21. As per Decision 60.36 (ii) of the Governing Council, the minimum intake for grant of continuation of provisional affiliation for the academic year 2020-21 shall be 30 seats. Since the intake recommended by the Scrutiny Committee for B.Sc Nursing course in the petitioner college, for the academic year 2020-21, is only 25, the Governing Council decided on 25.07.2020 to reject the request for continuation of provisional affiliation. 56. As there are 26 students in excess of permitted intake of 34 for B.Sc Nursing course, which includes an excess allotment of 4 students by the 2[nd] respondent LBS Centre for Science and Technology, who are allowed to continue in terms of Ext.P7 judgment of this Court dated 24.09.2019 in W.P.(C)No.20040 of 2019, the Principal of college was issued with Ext.P14 show cause notice requiring him to furnish reasons, if any, for not withdrawing the approval granted to him to act as Principal, on or before 16.07.2020. The petitioner college submitted Ext.P15 reply to that show cause notice. It is thereafter that the 3[rd] respondent W.P.(C)No.28745 of 2019 & 67 16974 of 2020 University has issued Ext.P16 order, whereby the request made by the petitioner college for continuation of provisional affiliation for the academic year 2020-21 stands rejected. It is stated in Ext.P16 that, the Vice Chancellor has accorded sanction to implement the decision of the Governing Council dated 25.07.2020. 57. As per Ext.P21 letter dated 20.08.2020, for granting conditional affiliation for nursing colleges and nursing schools in the State, for the academic year 2020-21, the Kerala Nurses and Midwives Council directed all colleges and schools, which are inspected or not, to submit an undertaking for granting conditional affiliation, subject to the conditions stipulated in that letter on account of rapid spread of Covid-19. In the case of the petitioner institution, as evident from Ext.P16, the University conducted inspection on 18.12.2019 which was followed by a re-inspection on 17.02.2020, much prior to rapid spread of Covid-19. In those inspections, various deficiencies, including deficiency in bed occupancy, were noted by the Inspection Commission. After considering those reports, the scrutiny committee found that the inpatient strength in the parent hospital is not at all sufficient to grant continuation of provisional affiliation for the academic year 2020-21, even for the minimum intake of 30 seats for B.Sc Nursing W.P.(C)No.28745 of 2019 & 68 16974 of 2020 course. The petitioner college has also not rectified the deficiencies pointed out in the first inspection report. It was in such circumstances, that the University by Ext.P16 order rejected the request made by the petitioner college for continuation of provisional affiliation for the academic year 2020-21. In view of the law laid down in the decisions referred to hereinbefore, the University is having ample power to conduct inspection in order to satisfy the availability of infrastructure, clinical facilities, etc., for running the course, before granting affiliation, since granting affiliation is not an empty formality. In that view of the matter, the decision taken by the University in Ext.P16 order dated 11.08.2020 in W.P.(C).No.16974 of 2020 whereby the application made by the petitioner college for continuation of provisional affiliation, for the academic year 202021, stands rejected, for the reasons stated therein, warrants no interference by this Court, invoking the writ jurisdiction under Article 226 of the Constitution of India. In the result, the challenge made in this writ petition against Ext.P16 order fails and the writ petition is accordingly, dismissed. Sd/- **ANIL K. NARENDRAN JUDGE** **yd** W.P.(C)No.28745 of 2019 & 69 16974 of 2020 ## **APPENDIX OF WP(C) 28745/2019** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.(C) NO.25576/2018 FATED 21.8.2018. EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.(C) NO.25576/2018 DATED 28.9.2018. EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.(C) NO.25576/2018 DATED 12.10.2018. EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.25576/2018 DATED 18.12.2018. EXHIBIT P5 TRUE COPY OF THE INSPECTION REPORT DATED 4.12.2018. EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 19.2.2019, SEND BY THE REGISTRAR, KUHS TO THE 1ST PETITIONER. EXHIBIT P7 TRUE COPY OF THE GUIDELINES AND MINIMUM REQUIREMENTS TO ESTABLISH B.SC. NURSING COLLEGE, DATED 20.4.2018. EXHIBIT P8 TRUE COPY OF THE RELEVANT PORTIONS OF THE REGULATIONS FOR BSC NURSING COURSE FIXED BY THE KUHS, DATED 21.5.2017. EXHIBIT P9 TRUE COPY OF THE COMMUNICATION FROM THE INDIAN NURSING COUNCIL TO THE UNIVERSITY, DATED 20.6.2018. EXHIBIT P10 TRUE COPY OF THE COMPLIANCE REPORT ALONG WITH ANNEXURES, DATED 27.2.2019. EXHIBIT P11 TRUE COPY OF THE COMMUNICATION FROM KUHS DATED MARCH OF 2019. EXHIBIT P12 TRUE COPY OF THE COMPLIANCE REPORT DATED 28.3.2019 WITH ENCLOSURES.** W.P.(C)No.28745 of 2019 & 70 16974 of 2020 ## **EXHIBIT P13** **TRUE COPY OF THE SANCTIONING ORDER FOR BSC NURSING, DATED 4.4.2019 ISSUED BY INDIAN NURSING COUNCIL.** **EXHIBIT P13 (a)** **TRUE COPY OF THE SANCTIONING ORDER FOR MSC NURSING, DATED 4.4.2019 ISSUED BY INDIAN NURSING COUNCIL.** **EXHIBIT P 13(b)** **TRUE COPY OF THE SANCTIONING ORDER FOR POST BASIC BSC NURSING, DATED 4.4.2019 ISSUED BY INDIAN NURSING COUNCIL.** **EXHIBIT P14** **TRUE COPY OF THE ORDER NO.G.5279/10/NC DATED 30.5.2019 ISSUED BY KERALA NURSES AND MIDWIVES COUNCIL.** **EXHIBIT P14 (a) TRUE COPY OF THE ORDER NO.G.508/10/NC DATED 30.5.2019 ISSUED BY KERALA NURSES AND MIDWIVES COUNCIL.** **EXHIBIT P14 (b) TRUE COPY OF THE ORDER NO.G.7459/02/NC DATED 30.5.2019 ISSUED BY KERALA NURSES AND MIDWIVES COUNCIL.** **EXHIBIT P15 TRUE COPY OF THE G.O.(MS) NO.90/2019/H AND FWD DATED 22.6.2019 ISSUED BY THE GOVERNMENT.** **EXHIBIT P16 TRUE COPY OF THE LIST OF AFFILIATED COLLEGES IN THE PROSPECTUS FOR ADMISSION TO BSC NURSING AND PARA MEDICAL COURSES FOR THE ACADEMIC YEAR 2019-2020.** **EXHIBIT P17 TRUE COPY OF THE TENTATIVE SCHEDULE FOR ADMISSION TO PROFESSIONAL DEGREE COURSES IN NURSING AND PARAMEDICAL STREAMS, DATED 22.6.2019.** **EXHIBIT P18 TRUE COPY OF THE ORDER NO.2018/15999/ACII/NSG/A2 DATED 9.7.2019 ISSUED BY THE UNIVERSITY.** **EXHIBIT P19 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST PETITIONER TO THE UNIVERSITY, DATED 10.7.2019 WITH ENCLOSURES.** **EXHIBIT P19 (a) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WP(C) NO.20040/2019 DATED 27.8.2019.** **EXHIBIT P20 TRUE COPY OF THE COMMUNICATION SENT BY THE UNIVERSITY DATED 3.9.2019.** W.P.(C)No.28745 of 2019 & 71 16974 of 2020 **EXHIBIT P21** **TRUE COPY OF THE REPLY / COMMUNICATION SENT BY THE 2ND PETITIONER DATED 5.9.2019.** **EXHIBIT P21(a)** **TRUE COPY OF THE REPLY / COMMUNICATION SENT BY THE 2ND PETITIONER DATED 5.9.2019 WITH ENCLOSED DOCUMENTS.** **EXHIBIT P22** **TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.20040/2019 DATED 24.9.2019 PASSED BY THIS HON'BLE COURT.** **EXHIBIT P23** **TRUE COPY OF THE EMAIL COMMUNICATION ISSUED BY THE UNIVERSITY DATED 25.9.2019. TRUE COPY OF THE EMAIL COMMUNICATION ISSUED BY THE UNIVERSITY DATED 25.9.2019.** **EXHIBIT P23 (a) TRUE COPY OF THE EMAIL COMMUNICATION ISSUED BY THE UNIVERSITY DATED 25.9.2019. EXHIBIT P24 TRUE COPY OF THE REPLY / COMMUNICATION SENT BY THE PETITIONERS BEFORE THE UNIVERSITY DATED 26.9.2019. EXHIBIT P24 (a) TRUE COPY OF THE DD FOR INSPECTION FEES WITH COVERING LETTER DATED 27.9.2019.** **EXHIBIT P25 TRUE COPY OF THE COMMUNICATION ISSUED BY THE UNIVERSITY DATED 28.9.2019. EXHIBIT P26 TRUE COPY OF THE COMMUNICATION ISSUED BY THE PETITIONERS TO THE KUHS, WITH ENCLOSURES DATED 30.9.2019. EXHIBIT P27 TRUE COPY OF THE COMMUNICATION ISSUED BY THE UNIVERSITY DATED 4.10.2019. EXHIBIT P28 TRUE COPY OF THE REPLY COMMUNICATION OF THE COLLEGE. EXHIBIT P29 TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY REJECTING AFFILIATION TO FULL STRENGTH DATED 9.10.2019. EXHIBIT P30 TRUE COPY OF THE ORDER NO.U.O.677/AC.D/2013/KUHS DATED 12.12.2013 ISSUED BY THE UNIVERSITY. EXHIBIT P31 TRUE COPY OF THE ORDER DATED 3.10.2019 ISSUED BY THE DMO, ALAPPUZHA. EXHIBIT P31 (a) TRUE COPY OF THE ORDER DATED 3.10.2019 ISSUED BY THE DMO, ALAPPUZHA.** W.P.(C)No.28745 of 2019 & 72 16974 of 2020 **EXHIBIT P31 (b) TRUE COPY OF THE ORDER DATED 3.10.2019 ISSUED BY THE DMO, ALAPPUZHA. EXHIBIT P31 (c) TRUE COPY OF THE ORDER DATED 3.10.2019 ISSUED BY THE DMO, ALAPPUZHA. EXHIBIT P32 TRUE COPY OF THE RELEVANT PORTION OF THE INSPECTION REPORT SUBMITTED BY THE UNIVERSITY IN BCF COLLEGE OF NURSING, CHEMMANAKARI. EXHIBIT P33 TRUE COPY OF THE RELEVANT PAGES OF THE INSPECTION REPORT OF VARKALA SIVAGIRI SREE NARAYANA MEDICAL MISSION COLLEGE OF NURSING. EXHIBIT P34 TRUE COPY OF THE CIRCULAR DATED 21.10.2019 ISSUED BY THE UNIVERSITY. EXHIBIT P34 (a) TRUE COPY OF THE CIRCULAR DATED 21.10.2019 ISSUED BY THE UNIVERSITY. EXHIBIT P-35 TRUE COPY OF THE IP/OP DETAILS OF THE GOVERNMENT WOMEN/CHILDRENS HOSPITAL,ALAPPUZHA,FROM 24.9.2019 TO 9-102019 EXHIBIT P36 TRUE COPY OF THE IP/OP DETAILS OF THE GOVERNMENT HOSPITAL,ALAPPUZHA,FROM 24.9.2019 TO 9-10-2019 EXHIBIT P-37 TRUE COPY OF THE IP/OP DETAILS OF THE GENERAL HOSPITAL,ALAPPUZHA,FROM APRIL 2019 TO SEPTEMBER 2019 EXHIBIT P-38 TRUE COPY OF THE IP/OP DETAILS OF THE TALUK HEAD QUARTERS HOSPITAL,CHERTHALA, FROM MARCH 2019 TO AUGUAT 2019 EXHIBIT P-39 TRUE COPY OF THE IP/OP DETAILS OF THE TALUK HEAD QUARTERS HOSPITAL,CHERTHALA,FROM 24.9.2019 TO 9-10-2019 EXHIBIT P-40 TRUE COPY OF THE LETTER SEND BY THE PRINCIPAL,KVM COLLEGE OF NURSING TO THE GOVERNMENT W/C HOSPITAL ALAPPUZHA DATED 2910-2019 EXHIBIT P-41 TRUE COPY OF THE ORDER NO.11668/2019/ACI/GEN A2/KUHS DATED 7-8-2019 ISSUED BY KUHS EXHIBIT P42 TRUE COPY OF THE RESULTS OF 4TH YEAR BSC NURSING STUDENTS OF THE COLLEGE IN DEGREE REGULAR EXAMS CONDUCTED IN SEPTEMBER 2019** W.P.(C)No.28745 of 2019 & 73 16974 of 2020 **EXHIBIT P42(a) TRUE COPY OF THE RESULTS OF 2ND YEAR MSC (CHILD HEALTH NURSING) STUDENTS CONDUCTED IN SEPTEMBER 2019 EXHIBIT P42(b) TRUE COPY OF THE RESULTS OF 2ND YEAR MSC MEDICAL SURGICAL NURSING (CARDIO VASULAR AND THORACIC NURSING) STUDENTS CONDUCTED IN SEPTEMBER 2019. EXHIBIT P42(c) TRUE COPY OF THE RESULTS OF 2ND YEAR SECOND YEAR POST BASIC B.SC.NURSING) STUDENTS CONDUCTED IN SEPTEMBER 2019. EXHIBIT P42(d) TRUE COPY OF THE RESULTS OF 2ND YEAR SECOND YEAR POST BASIC B.SC.NURSING STUDENTS CONDUCTED IN SEPTEMBER EXHIBIT P43 TRUE COPY OF THE RELEVANT PAGES OF THE INSPECTION PROFORMA OF THE UNIVERSITY FOR NURSING COLLEGES, IN THE YEAR 2020-2021 EXHIBIT P44 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT, GOVT.WOMEN AND CHILDREN HOSPITAL, ALAPPUZHA, DATED 5/12/2019 EXHIBIT P44(a) TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT, GENERAL HOSPITAL, ALAPPUZHA, DATED 5/12/2019 EXHIBIT P44(b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT, TALUK HOSPITAL, ALAPPUZHA, DATED 7/12/2019 EXHIBIT P45 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSE 2019 FOR B.SC.NURSING IN S1-MET NURSING COLLEGES. EXHIBIT P46 TRUE COPY OF THE RELEVANT PAGES OF THE ADMISSION PROSPECTUS OF SME FOR THE YEAR 2019-20 EXHIBIT P47 TRUE COPY OF THE APPLICATION FOR CONTINUATION OF AFFILIATION IN THE YEAR 2019-20 EXHIBIT P48 TRUE COPY OF THE APPLICATION FOR CONTINUATION OF AFFILIATION IN THE YEAR 2020-21 EXHIBIT P49: TRUE COPY OF THE CHART SHOWING THE BED STRENGTH OF TALUK HOSPITAL, CHERTHALA CERTIFIED BY THE NURSING SUPERINTENDENT.** W.P.(C)No.28745 of 2019 & 74 16974 of 2020 |**EXHIBIT P50:**|**TRUE COPY OF THE CHART SHOWING THE BED**| |---|---| ||**STRENGTH IN GENERAL HOSPITAL ALAPPUZHA**| ||**CERTIFIED BY THE NURSING SUPERINTENDENT.**| |**EXHIBIT P51:**|**TRUE COPY OF THE CHART SHOWING THE BED**| ||**DISTRIBUTION IN WOMAN AND CHILDREN HOSPITAL,**| ||**ALAPPUZHA CERTIFIED BY THE MEDICAL**| ||**SUPERINTENDENT.**| |**EXHIBIT P52:**|**TRUE COPY OF THE G.O.(RT) NO.2048/98/H & FWD**| ||**DATED 14/05/1998.**| |**EXHIBIT P52(a):**|**TRUE COPY OF THE ORDER NO.MC3-93002/2003/DHS**| ||**DATED 13/11/2003 ISSUED BY THE DIRECTOR OF**| ||**HEALTH SERVICES.**| |**EXHIBIT P52(b):**|**TRUE COPY OF THE G.O.(RT) no.1112/04/h & FWD**| ||**DATED 07/04/2004 WITH ANNEXURES.**| |**EXHIBIT P53:**|**TRUE COPY OF THE G.O.(RT) NO.1965/2010/H &**| ||**FWD DATED 13/05/2010.**| |**EXHIBIT P54:**|**TRUE COPY OF THE IN-PATIENT STRENGTH IN**| ||**ST.RITA'S HOSPITAL FROM AUGUST 2018 TO AUGUST**| ||**2019, APPROVED BY THE ADMINISTRATOR OF THE**| ||**HOSPITAL.**| |**2ND RESPONDENT'S **|**EXHIBITS:**| |**ANNEXURE-R2(A)**|**A TRUE COPY OF THE NOTICE DATED**| |---|---| ||**13.01.2020 ISSUED TO THE PRINCIPAL.**| W.P.(C)No.28745 of 2019 & 75 16974 of 2020 ## **APPENDIX OF WP(C) 16974/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER DATED 28/09/2018 IN W.P.(C) NO9.25576/2018 PASSED BY THIS HON'BLE COURT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 18/12/2018 IN W.P.(C) NO.25576/2018 PASSED BY THIS HON'BLE COURT. EXHIBIT P3 TRUE COPY OF THE PERMISSION GRANTED BY THE INDIAN NURSING COUNCIL DATED 04/04/2019. EXHIBIT P4 TRUE COPY OF THE PERMISSION GRANTED BY THE INDIAN NURSING COUNCIL DATED 04/04/2019. EXHIBIT P5 TRUE COPY OF THE ORDER NO.G.5279/10/NC DATED 30/05/2019 PASSED BY THE KERALA NURSES & MIDWIVES COUNCIL. EXHIBIT P5(A) TRUE COPY OF THE ORDER NO.G.508/10/NC DATED 30/0/2019 PASSED BY THE KERALA NURSES & MIDWIVES COUNCIL. EXHIBIT P5(B) TRUE COPY OF THE ORDER NO.G.7459/02/NC DATED 30/05/2019 PASSED BY THE KERALA NURSES & MIDWIVES COUNCIL. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 27/08/2019 IN W.P.(C) N.20040/2019 PASSED BY THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 24/09/2019 IN W.P.(C) NO.20040/2019 PASSED BY THIS HON'BLE COURT. EXHIBIT P8 TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY REJECTING AFFILIATION TO FULL STRENGTH DATED 09/10/2019. EXHIBIT P9 TRUE COPY OF THE ORDER NO.677/AC.D/2013/KUHS DATED 12/12/2013 PASSED BY THE RESPONDENT UNIVERSITY. EXHIBIT P10 TRUE COPY OF THE COMMUNICATION NO.18043/2019/ACII/NSG/A3, DATED 01/2020 SENT BY EMAIL ON 12/02/2020 ISSUED BY THE RESPONDENT UNIVERSITY.** W.P.(C)No.28745 of 2019 & 76 16974 of 2020 |**EXHIBIT P11**|**TRUE COPY OF THE SHOW CAUSE NOTICE**| |---|---| ||**NO.18336/2019/ACII/NSG/A1/KUHS/2017 DATED**| ||**13/02/2020 ISSUED BY THE RESPONDENT**| ||**UNIVERSITY.**| |**EXHIBIT P12**|**TRUE COPY OF THE REPLY DATED 17/02/2020**| ||**SUBMITTED BY THE PETITIONER TO EXHIBIT P10**| ||**NOTICE.**| |**EXHIBIT P13**|**TRUE COPY OF THE REPLY DATED 17/02/2020**| ||**SUBMITTED BY THE PETITIONER TO EXHIBIT P11**| ||**NOTICE WITH ENCLOSURES.**| |**EXHIBIT P14**|**TRUE COPY OF THE SHOW-CAUSE NOTICE ISSUED BY**| ||**THE RESPONDENT UNIVERSITY TO THE PETITIONER**| ||**DATED 13/07/2020.**| |**EXHIBIT P14(A)**|**TRUE COPY OF THE REPLY DATED 15/07/2020 SENT**| ||**BY THE PETITIONER TO EXHIBIT P14 SHOW CAUSE**| ||**NOTICE.**| |**EXHIBIT P15**|**TRUE COPY OF THE COMMUNICATION/REPLY SENT BY**| ||**THE PETITIONER TO THE UNIVERSITY DATED**| ||**06/08/2020.**| |**EXHIBIT P16**|**TRUE COPY OF THE ORDER**| ||**NO.2019/18336/ACII/NSG/A2 DATED 11/08/2020**| ||**PASSED BY THE RESPONDENT UNIVERSITY.**| |**EXHIBIT P17**|**TRUE COPY OF THE GUIDELINES AND MINIMUM**| ||**REQUIREMENTS TO ESTABLISH B.SC.NURSING**| ||**COLLEGE DATED 20/04/2018.**| |**EXHIBIT P18**|**TRUE COPY OF THE RELEVANT PORTIONS OF THE**| ||**REGULATIONS FOR BSC NURSING COURSE FIXED BY**| ||**THE RESPONDENT UNIVERSITY DATED 12/05/2017.**| |**EXHIBIT P19**|**TRUE COPY OF THE COMMUNICATION F.NO.18-16/PVT**| ||**ASSOC/2018-INC DATED 20/06/2018 ISSUED BY THE**| ||**INDIAN NURSING COUNCIL.**| |**EXHIBIT P20**|**TRUE COPY OF THE COMMUNICATION**| ||**NO.LHRC/KVM/CEO/09/19 ISSUED TO THE**| ||**PETITIONER BY THE LAKESHORE HOSPITAL,**| ||**ERNAKULAM, DATED 27/09/2019.**| |**EXHIBIT P20(A)**|**TRUE COPY OF THE CERTIFICATE NO.B1-8264/17**| ||**DATED 05/12/2019 ISSUED BY THE GENERAL**| ||**HOSPITAL ALAPPUZHA.**| W.P.(C)No.28745 of 2019 & 77 16974 of 2020 **EXHIBIT P20(B) TRUE COPY OF THE CERTIFICATE NO.E-4979/19 DATED 05/12/2019 ISSUED BY THE WOMEN AND CHILDREN HOSPITAL, ALAPPUZHA, DATED 05/12/2019. EXHIBIT P20(C) TRUE COPY OF THE CERTIFICATE NO.C2-6136/2019 DATED 07/12/2019 ISSUED BY THE TALUK HOSPITAL, CHERTHALA DATED 07/12/2019. EXHIBIT P20(D) TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY ST.RITA'S HOSPITAL, ALAPPUZHA DATED 18/12/2019. EXHIBIT P21 TRUE COPY OF THE PROCEEDINGS NO.G1.22363/2020/NC DATED 20/08/2020 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P22 TRUE COPY OF THE FORMAT / UNDERTAKING ISSUED ALONG WITH EXHIBIT -21. EXHIBIT P23 TRUE COPY OF THE ORDER NO.ASC100/20/NURSING/KVMCN DATED 27/07/2020 ISSUED BY THE ADMISSION SUPERVISORY COMMITTEE. 3RD RESPONDENT'S EXHIBITS: ANNEXURE-R3(A) A TRUE COPY OF THE LETTER ADDRESSED TO INC AND SENT BY THE UNIVERSITY.** **TRUE COPY** **P.A. TO JUDGE**