Perpetual Succour Charitable Trust v. Kerala University Of Health Sciences
2016-07-14
K.VINOD CHANDRAN
body2016
DigiLaw.ai
JUDGMENT K. Vinod Chandran, J. 1. The petitioner is aggrieved with the insistence of the University, requiring a 300 bedded hospital for sanctioning a nursing college. The petitioner is running a hospital, having bed strength of 200, wherein a nursing school is already carried on. The petitioner applied for consent to commence a B.Sc. Nursing course for the academic year 2016-2017 before the Government. As per Ext. P1, a 'No Objection Certificate' was granted by the Government, providing that before the commencement of the course, the institution has to obtain approval from the Indian Nursing Council, Kerala Nurses and Midwives Council as also the Kerala University of Health Sciences, Thrissur. The petitioner was also required to execute an agreement of seat sharing with the Government. The petitioner is said to have obtained the sanction from the Indian Nursing Council and the Kerala Nurses and Midwives Council. The Kerala University of Health Sciences rejected the application of affiliation by Ext. P2 on the ground that there is a preliminary requirement of a hospital with 300 beds for sanctioning a graduate course in nursing. The petitioner challenges Exts. P2 and P4 decisions of the University, which has led to the present denial of affiliation. 2. The learned Senior Counsel for the petitioner raises two grounds to challenge the prescription made by the University as per Ext. P4. Ext. P3 is the guidelines of minimum requirements for establishing a nursing college for conducting a graduate course, issued by the Indian Nursing Council, which requires only a 100 bedded own hospital as an eligibility condition to establish the graduate course. Ext. P4 decision of the University prescribes a 300 bedded hospital as a preliminary requirement which goes against Ext. P3 prescription by the Apex Council. The Apex Council having been entrusted with the duty of providing for the standards of education, the University cannot prescribe any other condition in violation of the essential requirements as prescribed by the Indian Nursing Council. Further, it is also submitted that without such prescription in the Act, Statute, Ordinances or Regulations, the Governing Council cannot prescribe such a condition. The University would be free to amend its Statutes and Ordinances, but till such time an amendment is brought in, making the minimum eligibility conditions a statutory mandate, there could be no norm insisted upon in violation of that prescribed, argues learned Senior Counsel.
The University would be free to amend its Statutes and Ordinances, but till such time an amendment is brought in, making the minimum eligibility conditions a statutory mandate, there could be no norm insisted upon in violation of that prescribed, argues learned Senior Counsel. Reference made is to Section 23(v) and Section 25(xviii) and (xix) of the Kerala University of Health Sciences Act, 2010 (for brevity 'Act of 2010'). The learned Senior Counsel would also argue that even for a medical college, the requirement is a 200 bedded hospital, as prescribed by the very same University, and the prescription made of a 300 bedded hospital for a nursing course is discriminatory and arbitrary. 3. The learned Standing Counsel for the University, however, would contend that going by Statute 10(1), (2) and (3) of Chapter XXI of the Kerala University of Health Sciences First Statutes, 2013 (for brevity 'Statutes of 2013'), the University could take into consideration the reports of a commission or commissions appointed by the University to prescribe standards of affiliation, which only has to be recommended by the Academic Council and approved by the Governing Council. In the case of nursing colleges, a three member Commission was appointed which filed a report as per Ext. R1(a), based on which the present prescription has been made, which also stands approved by the Academic Council and the Governing Council. The learned Senior Counsel would refute the contention raised based on Statute 10 with the argument that the words used in sub-statute (2): 'specified later', would require a specification in the Act, Statute or Ordinance. 4. The first contention that, a University cannot be permitted to prescribe a condition in violation or in derogation of that provided by the Apex Council, is to be examined in the context of the prescription made. Admittedly, the Nursing Council has prescribed a 100 bedded hospital as an essential requirement for establishing a graduate course in nursing. The University has not attempted any dilution of such standards and has provided a further rigour in demanding a prior requirement of a 300 bedded hospital. It is trite that only a lowering of standard by the University or the State; of the standard prescribed by the Apex Council, would be considered as a violation or derogation of the standards so prescribed.
It is trite that only a lowering of standard by the University or the State; of the standard prescribed by the Apex Council, would be considered as a violation or derogation of the standards so prescribed. An enhancement of standards, aimed at providing better and quality education, cannot be said to be in derogation or violative of the norms. The said proposition is well settled by the decisions of the Hon'ble Supreme Court in Ambesh Kumar v. Principal, L.L.R.M. Medical College, Meerut - 1986 (Supp) SCC 543, Dr. Preeti Srivastava v. State of M.P. - (1997) 7 SCC 120, State of T.N. v. S.V. Bratheep - (2004) 4 SCC 513 and Visveswaraiah Technological University v. Krishnendu Halder (2011) 4 SCC 606 . 5. In considering the requirement of a prescription in the Act, Statute, Ordinance or Regulation, one has to examine the various provisions pointed out by the learned Senior Counsel and the learned Standing Counsel. Section 23(v) and 25(xviii) and (xix) of the Act of 2010 are extracted hereunder: "23(v) to affiliate medical institutions in accordance with the terms and conditions of such affiliation provided by this Act and Statutes; xxx xxx xxx 25(xviii) to prescribe norms for granting affiliation, continuation of recognition, extension of recognition to institutions of higher learning and research for specialised studies; (xix) to grant affiliation to colleges or institutions in accordance with the provisions of the Statutes, Ordinances and Regulations;" 6. Statute 10(1)(2) and (3) of Chapter XXI of the Statutes of 2013 is also extracted hereunder: "10. Grant of Affiliation:- (1) The University may appoint a commission to inspect the proposed site of a new college/or to make a physical verification of the facilities that may exist for starting the new college/course, if the application is considered favourably by the University. The commission will inspect the suitability of the proposed site, verify the title deeds as regards the proprietary right of the Management over the land (and buildings if any) offered, building accommodation provided if any, assets of the Management, constitution of the registered body, capability of maintaining academic standards and all other relevant matters. Further action on the application shall be taken on receipt of the report of the commission.
Further action on the application shall be taken on receipt of the report of the commission. (2) The grant of affiliation shall depend upon the fulfillment by the Management of all the conditions that are specified here or that may be specified later for the satisfactory establishment and maintenance of the proposed institution/courses of studies and on the reports of inspection by the commission or commissions which the university may appoint for the purpose. (3) Unless all the conditions are fulfilled, before the commencement of the academic year, no new college/or additional courses/or enhancement of seats shall be permitted to be started during that year." 7. Section 23 deals with the powers of the Governing Council and by clause (v) speaks of affiliation of medical institutions in accordance with the terms and conditions of affiliation provided by the Act and Statutes. Section 25 deals with powers and duties of the Academic Council giving it the authority to provide norms inter alia for granting affiliation and also to grant such affiliation to individual colleges or institutions in accordance with the provisions of the Statutes, Ordinances and Regulations. The Statute of 2013 by Statute 10 provides the procedure for grant of affiliation. Sub statute (2) specifically speaks of fulfillment by the management of all conditions that are specified here or that may be specified later for the satisfactory establishment and maintenance of the proposed institution/course of studies and on the reports of inspection by the Commission or Commissions which the University may appoint for the purpose. 8. If it was the intention of the statute maker that a condition of affiliation could be made only by an amendment to the Statutes, then there was no need to use the words 'that may be specified later'. Any amendment made would definitely form a part of the Statute and acquire the character of a statutory mandate, even without the said words, since, already whatever specified in the Statute has to be fulfilled by the Management for grant of affiliation; by the first limb of the provision in the First Statutes. No words used in a statute could be rendered redundant and it is with a specific purpose that a statute is framed in a particular manner and employing such words as the statute maker uses; which indicates the intention. 9.
No words used in a statute could be rendered redundant and it is with a specific purpose that a statute is framed in a particular manner and employing such words as the statute maker uses; which indicates the intention. 9. What is 'specified later'; indicates any specification, for the satisfactory establishment and maintenance of the proposed institution/courses of studies and it can be based on the reports by a commission or commissions which the University may appoint for the purpose. This takes in an individual inspection of a college or the appointment of a commission to deal with academic matters and prescribe standards; as held above, for better and quality education. This Court cannot countenance the argument of the learned Senior Counsel that only a statutory amendment would clothe the University with the power to make such a prescription. 10. In this context, the reliance placed by the learned Standing Counsel on Ext. R1(a) assumes significance. Ext. R1(a) is the report of a three member committee constituted by the University, to look into the requirements of clinical facilities to commence nursing colleges in Kerala. A reading of the report shows that the University ventured to appoint an expert committee only taking into account the mushrooming of nursing institutions, the quality of nursing professionals send out from the institutions and the feedback received as to their performance. Apposite would be reference to paragraphs 2 and 3 which are extracted hereunder: "Since nursing is a skill oriented profession, availability of adequate clinical facility for development of skills is an essential component of establishing new nursing institution. This is an important factor while permitting the new nursing institutions to begin their courses. The clinical facility contributes to skill development often ignored while permitting the new nursing institutions. This resulted in poor quality nurses been trained in good number of nursing institutions in Kerala, Recently unfavourable feedbacks on Kerala nurses were received from the nursing administrators from India and abroad. A recent shift in demand in U.S. and U.K. shows those countries prefer Philippine Nurses against Kerala Nurses. This may be attributed to decline in quality of nursing education in Kerala. These factors suggest the system to focus on quality rather than quantity. Now, about 6,000 nursing graduates are graduating every year from 110 or more Nursing colleges in Kerala. In addition there about 5,000 nursing diploma holders qualify from other institutions.
This may be attributed to decline in quality of nursing education in Kerala. These factors suggest the system to focus on quality rather than quantity. Now, about 6,000 nursing graduates are graduating every year from 110 or more Nursing colleges in Kerala. In addition there about 5,000 nursing diploma holders qualify from other institutions. One estimate shows, in a year the Kerala state requires about 10,000 nurses. In reality the annual registration of nurses in the Kerala Nursing Council (KNC) is more than double the number. During 2012 there were about 27,000 nurses registered with KNC. This number includes nursing graduates who graduated from Kerala, graduates graduated from other states, and nursing diploma holders." 11. The figures in the extracted paragraphs speak for themselves and indicate that the nursing professionals passing out from the institutions in the State are far in excess of their requirement. That, by itself, would not have created any problem since, as has been noticed by the Committee, the nurses brought out by the State were in demand in the other States and even outside the Country. The Committee has looked into the syllabus of the Indian Nursing Council, which specifies the academic objectives and requirements, on a reference of which, the Committee evaluated the present requirements as prescribed by the University. The chart appended to the report indicates that earlier, the norms prescribed a nursing college to have at least 500 beds with the requirement of occupancy of not less than 80%. The said requirement was diluted to 120 to 150 beds, with a requirement of not less than 75% occupancy. The student-patient ratio, which existed earlier, was 1:5, which was also lowered to 1:3. The relaxation in the norms was also declared by the Indian Nursing Council, to be, for meeting the man power requirement by increasing the output of trained professionals anticipating the requirement for the coming ten years. However, such relaxation, according to the Committee, has resulted in the output having far extended the demand and also occasioned drastic deterioration of quality of nurses. This has also led to exploitation of those sent out to an already crowded job market and resulted in decline of the professional competence; two sides of the same coin, which holds out little hope in improving the standards of patient care. 12.
This has also led to exploitation of those sent out to an already crowded job market and resulted in decline of the professional competence; two sides of the same coin, which holds out little hope in improving the standards of patient care. 12. The report specifically notices the recent shift in demand from U.S.A. and U.K. Those countries, in the near past, preferred nurses from the State; but now prefer Filipino nurses, which is attributed to the decline in the professional competence and quality having a direct nexus to the declining standards of nursing education in Kerala. There is also a reference to a distress call from an Australian employer pointing out the deterioration in the professional nurses send out of the State; on a comparison of the competence displayed in the earlier years. The Committee also met a number of nursing graduates/final year nursing students, who highlighted the lack of employment opportunities. The lack of training, due to absence of adequate number of patients, in the hospitals to which these students are send, also were highlighted. It is in this context, taking all the above aspects into consideration that the Committee, as is seen from Ext. R1(a), recommended a minimum bed strength of 500 to 600; so as to develop adequate skills in the students, which was to be a minimum requirement for sanctioning a graduate course of 50 students. The recommendation specifically took note of the fact that, at any time in a nursing college, there would be four batches, the nursing course having a four year duration; with 200 students studying at any point of time. The University prescribed a far lesser standard than that recommended; which is assailed here. 13. There is no dispute that the recommendations of the Committee were accepted by the Academic Council and the Governing Council. An expert committee has looked into the various aspects, as required by the University and has submitted a comprehensive report making recommendations, which though accepted, has been slightly diluted in providing for 300 beds for sanctioning of a course. The peculiar circumstances existing in the State; tested with the supply and demand of nurses, and the need to improve the standards of education, thereby ensuring turn out of more competent professionals, is the reasoning behind the prescription.
The peculiar circumstances existing in the State; tested with the supply and demand of nurses, and the need to improve the standards of education, thereby ensuring turn out of more competent professionals, is the reasoning behind the prescription. It would be inappropriate for this Court, who has no expertise in the matter, to make any reduction of the prescription, especially when the procedure of bringing out such prescription on the basis of the recommendation of a commission or committee appointed by the University is a recognized and accepted procedure under the Act and the Statutes. 14. The last contention raised by the learned Senior Counsel is on a comparison, with the requirement in a medical college and the arbitrariness and discrimination caused to nursing students, who cannot be equated with medical professionals. The argument, in fact, cuts at the root of the ground raised, since, no ground of discrimination can be urged as against in-equals. The argument also address the lower pedestal, in society and medical care, to which nurses belong as compared to Doctors. It cannot, but be observed that though in therapeutic care, the Doctor has a higher status, being the person who prescribes the treatment and the manner in which it is to be administered; the nurses, all the same, are more involved in patient care as directed by the Doctor. Further, it is an established practice that while a single Doctor could manage a number of patients, there would be requirement of more nurses to manage an equal number of patients. The hospitals often have one or two Doctors assigned to a particular ward, dealing with a particular specialization, while there would be more number of nurses assigned for patient care including administration of various treatments and procedures. Hence, this Court cannot find any arbitrariness in the University having provided the student-patient ratio to be more in nursing colleges than in medical colleges. Pertinent too is the fact that the petitioner already runs a nursing school in the hospital; which further reduce the ratio to a considerable extent. For all the above reasons the writ petition would stand dismissed. No Costs.