State Of Kerala vs Sree Anjaneya College Of Nursing

A. J. Desai, CJ

By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the original 1st respondent State of Kerala has challenged the interim order dated 08.04.2024 in W. P. (C) No. 12687 of 2024 by which the learned Single Judge has directed the appellant to permit the student intake for B.Sc. Nursing course in the petitioner college up to 100 instead of 90.

Learned Senior Government Pleader submitted that the interim order granted by the learned Single Judge is as good as allowing the writ petition. He further submitted that the order impugned may be quashed and set aside.

On the other hand, learned counsel appearing for the 1st respondent / original petitioner would submit that the appellant authority had not filed any counter affidavit before the learned Single Judge and considering the need of the day, the impugned order has been passed. Therefore, he would submit that the appeal may be dismissed.

We have heard the learned Advocates appearing for the respective parties.

It appears from the record that the matter was listed before the learned Single Judge on 27.03.2024. Thereafter, when the matter came up for hearing on 04.04.2024, the learned Government Pleader requested for an adjournment to file counter affidavit and the matter was adjourned to 08.04.2024. Due to certain reasons, the counter affidavit could not be filed within that period. Hence, the learned Single Judge passed the impugned order.

Having considered this aspect, we are of the view that the impugned order by which the learned Single Judge has directed the appellant to permit the student intake for B.Sc. Nursing course in the petitioner college up to 100 is as good as allowing the writ petition at this stage, that too in the absence of any counter affidavit filed by the State.

In view of the above, we allow the writ appeal. The order impugned in this appeal is quashed and set aside. The appellant shall file a counter affidavit in the writ petition on or before 06.06.2024. Copies thereof shall be supplied to the learned counsel for the parties on or before 05.06.2024. Reply affidavit by the petitioner, if any, shall be filed on or before 11.06.2024. The learned Single Judge is requested to decide the writ petition at the earliest.

Pending Interlocutory Applications, if any, shall stand closed.