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Judgment
V. Dhanapalan, J.
Heard Mr.K.Chellapandian, learned Additional Advocate General with Mr.C.Karthick, learned Standing Counsel appearing for the appellants, as well as Mr.Isaac Mohanlal, learned counsel appearing for the respondent/Writ Petitioner.
The Writ Appeal has been filed as against the order of the learned Single Judge, dated 12.06.2014, made in W.P.(MD).No. 5139 of 2014.
The respondent/Writ Petitioner college filed the Writ Petition challenging the order of the second appellant herein dated 28.02.2014 and for a direction to the appellants to permit six students admitted in M.Sc (Nursing) Degree course in the respondent/Writ Petitioner College for the academic year 2013-2014 and to permit them to take the periodical examinations and to get the results and award of degree courses including the examination in April 2014.
The respondent/Writ Petitioner college was established in the year 2008, offering four year B.Sc., degree course in nursing. The Indian Nursing Council and the Tamil Nadu Nurses and Midwives Council granted recognition/approval to the respondent/Writ Petitioner College with an annual intake of 40 students initially, which has been, subsequently, increased to 60 from the academic year 2013 - 2014. The respondent/Writ Petitioner College, which is a self- financed College, is affiliated to the first appellant University. The Indian Nursing Council granted recognition for M.Sc., (Nursing) degree course with an annual intake of 15 seats for the academic year 2013 -- 2014, by its proceedings, dated 13.03.2013. Since the total number of seats were wrongly quoted as 15, instead of 25, the error was, later, corrected by the Council through its proceedings, dated 14.03.2013. Thus, the admission capacity to the M.Sc., (Nursing) is 25.
The respondent/Writ Petitioner college submitted an application to the University, on 18.03.2013, for the purpose of grant of affiliation to the M.Sc., (Nursing) degree course for the academic year 2013 - 2014. The University gave affiliation for M.Sc., Nursing degree course for the academic year 2013 -- 2014, through its proceedings, dated 26.07.2013. Simultaneously, the respondent/Writ Petitioner College submitted an application before the State Nursing Council, on 15.04.2013, to start M.Sc., (Nursing) degree course in the College from the academic year 2013 -- 2014. The State Nursing Council also granted recognition for M.Sc., (Nursing) degree course for the academic year 2013 - 2014 by way of its proceedings, dated 07.02.2014.
In the meanwhile, as the last day for admission for M.Sc., (Nursing) was nearing for the academic year 2013 - 2014, the College, with a bona fide intention that there may be an affiliation, admitted seven students under the May batch and three students under the October Batch. They also joined in their respective batches and underwent the course with adequate attendance. The respondent/Writ Petitioner college submitted a proposal to the second appellant with a request to register the seven students under the May batch and three students under the October batch for the academic year 2013 - 2014 by furnishing all necessary details. However, the University did not register them. The respondent/Writ Petitioner made a reminder on 07.02.2014. The examination was to commence on 07.04.2014. However, the second appellant, through the impugned proceedings, dated 28.02.2014, informed that 10 candidates admitted for the academic year 2013 - 2014 are eligible to write their first year examination only in October 2014. Challenging the said proceedings dated 28.02.2014, the respondent/Writ Petitioner college preferred the above Writ Petition for the relief stated earlier.
After hearing on either side, the learned Single Judge granted an interim order on 03.09.2014, directing the appellants herein to permit the six students admitted to the M.Sc [N] Degree Course, whose names were annexed in the Writ Petition and who were admitted under the May batch in the respondent/Writ Petitioner College for the academic year 2013 -- 2014 to take part in the examination, which was to commence from 07.04.2014. Further, the learned Single Judge had made it clear that results of those candidates, who were permitted to take part in the examination, were to be withheld until further orders.
As against the said interim direction granted by the learned Single Judge, dated 03.09.2014, the appellants herein filed W.A. [MD].No. 571 of 2014. A Division Bench of this Court, by Judgment, dated 07.04.2014, after hearing the learned counsel for the parties, dismissed the said Writ Appeal and held as follows:-
"9. When the dispute has narrowed down to such a short issue, all that we have to see is whether by the interim order a grave error has been committed by the learned Judge or not.
To highlight that a grave error has been committed by the learned Judge by granting an interim order, the learned counsel for the appellants relies upon the decision of one Division Bench of this Court in The University of Madras Vs. Loordhu Ammal Educational Trust and The Director of Collegiate Education, and one Full Bench decision of this Court in G. Jayakumar Vs. Union of India (UOI) and The General Manager (Developmental Project), Larsen and Tubro Ltd., E.C.C. Construction Group, .
We have no quarrel with the law laid down in those decisions. As a matter of fact, the Full Bench of this Court quoted, with approval, a passage from the judgment delivered by one of us (VRSJ) in Annai JKK Sampoorani Ammal Charitable Trust v. Bharathiar University. Therefore, the fact that no student can claim the benefit of attendance procured prior to the date of affiliation, cannot be disputed. The fact that no sympathetic consideration can be given to such institutions, cannot also be disputed. The fact that mere recognition of the Indian Nursing Council would not enable an institution to admit students until the grant of affiliation by the University cannot also be disputed.
But, in the case on hand, the respondent institution has everything in place for the very same academic year 2013-2014. The only contention is that the benefit of the affiliation would only be prospective from 26.07.2013. Therefore, all that we have to see is whether by the prospective application of the affiliation, the students will satisfy the conditions stipulated for taking the examination or not.
According to the learned counsel for the respondent, only six students were admitted for the first batch commencing from 1st June,2013 and three students were admitted for the second batch commencing from 1st October, 2013. Therefore, the college has also not exceeded the total intake permitted for the same academic year. Moreover, it is claimed that these six students will have their requisite attendance even if the affiliation is taken to be prospective from 26.07.2013. In other words, if the students would satisfy the requisite attendance, atleast from 26.07.2013, the primary objection based upon the Full Bench decision would go.
In such circumstances, we see no reason to interfere with the interim order passed by the learned Judge. Hence, the writ appeal is dismissed. No costs. Connected M.P.(MD)No. 1 of 2014 is also dismissed. The main writ petition is directed to be listed for final disposal before the learned Judge on 21.04.2014."
Taking note of the above factual position and the findings rendered by the Division Bench of this Court, the learned Single Judge, by order dated 12.06.2014, while allowing the Writ Petition, held as follows:-
"11. As the findings of the Hon''ble Division Bench answered all the issues raised by the respondents against them, I find that no further finding needs to be made in this writ petition except to reiterate and follow the decision made by the Hon''ble Division Bench. Accordingly, the writ petition is allowed and the impugned order is set aside. Since those six students have written the examination in pursuant to the interim order passed in M.P(MD)No. 1 of 2014 in W.P(MD)No. 5139 of 2014 dated 03.04.2014 which was confirmed by the Division Bench as stated supra, the respondents 1 and 2 are directed to publish the results of those 6 students, who have taken the examination from 07.04.2014 for M.Sc., (Nursing) degree course as and when the results are published in respect of the other colleges. No costs. Consequently, connected miscellaneous petition is also closed.:"
Assailing the validity of the order dated 12.06.2014, made in W.P.[MD].No. 5139 of 2014, the appellants have come before this Court.
Mr.K.Chellapandian, learned Additional Advocate General appearing for the appellants, would contend that the issue involved in the present Writ Appeal is as to the question of cut-off dates for admission in every academic year for the P.G.Allied Health Science Course and also calendar of examination. Admission of six candidates by the respondent/Writ Petitioner college is a matter for consideration in the present Writ Appeal and from which date, the attendance of those six candidates to be counted is the material information to be determined. He would further contend that as the students do not possess 80% of attendance and on the relevant date, the eligibility was not available to them, the decision taken by the appellants does not require any interference by this Court.
On the other hand, Mr.Isaac Mohanlal, learned counsel appearing for the respondent/Writ Petitioner, would contend that all the parameters prescribed under the relevant Rules and the prospectus of the University have been fully complied with, including the attendance part and the students secured 80% of attendance. He would further contend that the respondent/Writ Petitioner has everything in place for the very same academic year 2013 -- 2014 and the benefit of the affiliation would only be prospective from 26.07.2013 and therefore, it has to be seen as to whether by the prospective application of the affiliation, the students will satisfy the conditions stipulated for taking the examination or not. He would also contend that the respondent/Writ Petitioner admitted six students for the first batch commencing from first June 2013 and three students were admitted for the second batch from first October 2013. The respondent/Writ Petitioner college has not exceeded the total intake permitted for the same academic year.
The learned counsel would further submit that the Division Bench, by Judgment dated 07.04.2014, taking into consideration all the relevant factors, confirmed the interim order passed by the learned Single Judge, directing the Writ Petition to be listed for final disposal before the learned Judge, on 21.04.2014 Thereafter, the learned Single Judge, considering the findings rendered by the Division Bench, allowed the said Writ Petition, which does not call for any interference by this Court.
We have Considered the above submissions and perused the records carefully.
The facts pleaded as to the establishment of the college, necessary registration, affiliation and the procedure adopted are not in dispute. Initially, the Indian Nursing Council and the Tamil Nadu Nurses and Midwives Council granted recognition/approval to the respondent/Writ Petitioner College with an annual intake of 40 students, which was, subsequently, increased to 60, from the academic year 2013 - 2014. The Indian Nursing Council also granted recognition for M.Sc., (Nursing) degree course with an annual intake of 15 seats for the academic year 2013 -- 2014, by way of proceedings, dated 13.03.2013. As the total number of seats were wrongly quoted as 15 instead of 25, the error was, later, corrected by the Council, through its proceedings, dated 14.03.2013, which has been resulted in admission of the students. However, by proceedings dated 28.02.2014, informed that ten candidates admitted by the respondent/Writ Petitioner College in M.Sc [N] Degree course for the academic year 2013 -- 2014 were eligible to write their first year examination in October 2014 session only, which has been challenged by the respondent/Writ Petitioner College and finally, it was allowed in favour of the respondent/Writ Petitioner College.
The claim of the respondent/Writ Petitioner College, after looking into various statements of information on the attendance particulars, both on the days of percentage and hours of percentage, is that it must be calculated as per the Indian Nursing Council Regulation. Therefore, for the purpose of better appreciation, it would be worthwhile to refer to the relevant portion of the syllabus and Regulations of the Indian Nursing Council, which are as under:-
Duration
Duration of the course is 2 years for M.Sc. (N)
Available - 52 weeks
Vacation - 4 weeks
Examination - 2 weeks
Gazetted holidays - 3 weeks
Total weeks available - 43 weeks
40 hours per week - 1720 hours
Total hours for 2 years - 3440 hours
Course of Instruction
*Clinical Speciality-- Medical Surgical Nursing (Cardio Vascular & Thoracic Nursing, Critical care Nursing, Oncology Nursing, Neurosciences Nursing, Nephro-Urology Nursing, Orthopedic Nurisng, Gastro Enterology Nursing,)Obstetric & Gynaecological Nursing, Child Health (Paediatric) Nursing, Mental Health(Psychiatric) Nursing, Community Health Nursing, Psychiatric (Mental Health) Nursing etc.
Note: Students have to maintain log book for each activity during the course of study
Scheme of Examination
* Nursing research=50 and statistics=25
**Nursing research=15 and statistics=10
Minimum pass marks shall be 50 % in each of the Theory and practical papers separately.
A candidate must have minimum of 80% attendance (irrespective of the kind of absence) in theory and practical in each subject for appearing for examination.
A candidate must have 100% attendance in each of the practical areas before award of degree
A candidate has to pass in theory and practical exam separately in each of the paper.
If a candidate fails in either theory or practical paper he/she has to re-appear for both the papers (Theory and practical).
Maximum No. of attempts permitted for each paper is 3 including first attempt."
This Court, after hearing the learned counsel for the parties, on 12.12.2014, passed the following orders:-
"Heard Mr.K.Chellapandian, learned Additional Advocate General with Mr.C.Karthick, learned Standing Counsel appearing for the appellants/University and Mr.Isaac Mohanlal, learned counsel appearing for the respondent college.
The issue involved in this Writ Appeal is as to the question of cut-off dates for admission in every academic year for the P.G.Allied Health Science Course and also calendar of examination. Admission of six candidates by the respondent college is a matter for consideration in the present Writ Appeal and from which date, the attendance of those six candidates is to be counted is the material information to be determined.
After looking into various statements of information on the attendance particulars, both on the days of percentage and hours of percentage, the claim of the respondent college is that it must be calculated as per the Indian Nursing Council Regulation and therefore, it is their claim that the students have secured 80% of attendance.
If that could be the position, the statement of the appellants/ University as to the lack of attendance, shown in the tabular column, viz., 37, 32, 35, 42, 30 and 38, should be explained on a pragmatic approach to the appellants/University.
Accordingly, we direct the Principal of the respondent college to approach the appellants/University on 15.12.2014, during office hours along with the required three attendance registers, viz., daily attendance register, subject attendance register and clinical attendance register and explain the above position. On the above basis, Mr.K.Chellapandian, learned Additional Advocate General will appraise the appellants/University and then come out with a statement of reply on the above query raised by them.
Registry is directed to place the matter on 19.12.2014 for orders."
In pursuance of the said order, the Principal of the respondent/Writ Petitioner college as well as the appellants/University have discussed the matter, as directed by this Court, on the basis of the daily attendance register, subject attendance register and clinical attendance register produced by the respondent/Writ Petitioner College and come to a conclusion that the students have secured 80% of attendance and accordingly, the appellants/University filed an affidavit, dated 18.12.2014, which reads as follows:-
"4. I State that it is the practice of the University to calculate the attendance based on the working days in an academic year and if the candidate secures 80% of attendance, they will be permitted to write examinations by issuing necessary hall tickets.
I state that in this case, the respondent has calculated the attendance by taking into account the hours of training undergone by them in the respective subjects. The same was considered by this Court and a direction was issued to this University as stated in paragraph 3 of this affidavit.
I state that as directed by this Hon''ble Court, the Principal approached this University along with original attendance registers on 15.12.2014.
I state that this University carefully verified the original attendance produced by the respondent herein with reference to the attendance marked by the respondent according to the hours of training undergone by each candidate, who are the subject matter of this case. On examination, it is found that all the six candidates have obtained 80% attendance calculated as per the hours of training undergone by them and they are eligible for appearing the examination. The calculation sheets are annexed with this affidavit.
In the circumstances, it is prayed that this Hon''ble Court to pass appropriate orders considering this order."
From the above facts and the findings rendered by the University, there is no iota of dispute as to the percentage of attendance secured by the students concerned. Thus, it is clear that the students have secured 80% of attendance. If that could be the position, the findings rendered by the authorities of the University have to be accepted and acted upon by them.
Accordingly, the appellants/University are directed to take note of the original attendance registers produced by the respondent/Writ Petitioner College with reference to the attendance marked by them, according to the hours of training undergone by each candidate, acting upon their affidavit dated 18.12.2014 and publish their results forthwith, since the candidates have already written the examination, as per the interim direction granted by the learned Single Judge, on 03.04.2014 and allow them to continue the further courses and complete the same.
The Writ Appeal stands disposed of on the above terms. No costs. Consequently, connected Miscellaneous Petitions is closed.