Judgment
2025:KER:28926 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 4000 OF 2025 PETITIONERS:
1 ASSOCIATION OF THE MANAGEMENTS OF CHRISTIAN SELF FINANCING NURSING COLLEGES OF KERALA (AMCSFNCK) 44/3879, AMCSFNCK BHAVAN, JANATHA STADIUM ROAD, PALARIVATTOM.P.O. ERNAKULAM DISTRICT REPRESENTED BY ITS PRESIDENT, PIN – 682025.
2 THE DIRECTOR LOURDES COLLEGE OF NURSING, SIDHI SADAN, THRIKKAKARA.P.O., COCHIN, PIN – 682021.
BY ADVS.
TONY GEORGE KANNANTHANAM THOMAS GEORGE AJITH GEORGE KOOLA RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY IT SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.
2 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE.
P.O. TRICHUR DISTRICT, PIN – 680596.
W.P.(C)No.4000 of 2025 :2:
2025:KER:28926 BY ADVS.
SRI.BINNY THOMAS SRI.P.SREEKUMAR (SR.)
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.4000 of 2025 :3:
2025:KER:28926 J U D G M E N T Dated this the 3rd day of April, 2025 The 1st petitioner is the registered Association of the Managements of Christian Self Financing Nursing Colleges of Kerala and the 2nd petitioner is one of the members of the 1st petitioner. They have filed this writ petition seeking the following reliefs:- i) To issue a writ of certiorari or other appropriate order or direction to quashing Exts.P6 and P7.
ii) Issue a writ in the nature of mandamus or such other appropriate writ, order or direction, directing the respondents not to insist on furnishing of an undertaking as set out in Exts.P6 and P7 in regard to bearing of GST and other dues including penalty by the petitioner institutions for further processing of application of the petitioners for continuation of provisional affiliation, and in the matter of renewal of recognition.
iii) To issue a writ of mandamus or other appropriate order or direction to direct the 2nd respondent-University not to impose any condition on affiliation, relating to any undertaking for payment of GST or to direct the payment of GST.
W.P.(C)No.4000 of 2025 :4:
2025:KER:28926 2.
When this writ petition came up for hearing today, Counsel for the petitioners brought to the notice of this Court the Statement filed by the Standing Counsel for the 2nd respondent. Paragraph No.5 of the Statement reads as follows:- 5. It is submitted that the Finance Committee at its 67th meeting held on 21.12.2024 resolved to ratify the action of the Hon'ble Vice Chancellor and for subsequent placement before the Governing Council. In continuation of the above, the Governing Council as Agenda No.82.78 has resolved to ratify the action of the Vice Chancellor in having granted permission to implement the applicability of GST at 18% on the service of affiliation provided by the University to College with effect from 11.10.2024. Further, the Governing Council also resolved to withdraw the decision of insisting an affidavit on GST from the affiliated Colleges for granting Provisional Affiliation / Continuation of Provisional Affiliation.
3.
In view of the resolution taken by the University to withdraw the decision of insisting an affidavit on GST from the affiliated Colleges for granting Provisional Affiliation / Continuation of Provisional Affiliation, the prayers of the petitioners stand substantially met.
W.P.(C)No.4000 of 2025 :5:
2025:KER:28926 In view of the above, the writ petition is disposed of recording the statement made by the University. All legal contentions urged by the petitioners are left open.
Sd/- N. NAGARESH JUDGE ams
W.P.(C)No.4000 of 2025 :6:
2025:KER:28926 APPENDIX OF WP(C) 4000/2025 PETITIONER EXHIBITS Exhibit.P1 TRUE COPY OF THE LIST OF THE MEMBER COLLEGES UNDER THE 1ST PETITIONER Exhibit.P2 TRUE COPY OF THE E.MAIL DATED 3-5-2024 ADDRESSED TO THE PRINCIPALS OF NURSING COLLEGES Exhibit.P3 TRUE COPY OF LETTER NO.C3/289/2024/H & FWD DATED 29-5-2024 Exhibit.P4 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 22-5-2024, FORWARDED ALONG WITH THE LETTER Exhibit.P5 TRUE COPY OF THE LETTER U.O.NO.555/ 2024/ACADEMIC/KUHS DATED 18-6-2024 Exhibit.P6 TRUE COPY OF THE ORDER U.O.NO.715/ 2024/ACADEMIC/KUHS DATED 18-7-2024 Exhibit.P7 TRUE
COPY
OF
ORDER
U.O.NO.
913/2024/ACADEMIC/ KUHS DATED 22-8-2024 Exhibit.P8 TRUE COPY OF THE REPRESENTATION DATED 2-9- 2024 TO THE MINISTER FOR HEALTH AND FAMILY WELFARE Exhibit.P9 TRUE COPY OF THE ORDER DATED 25-5-2023 OF THE AUTHORITY FOR ADVANCE RULING RESPONDENT ANNEXURES Annexure R-2(a) A TRUE COPY OF THE PROCEEDINGS OF THE AGENDA 82.78 OF THE GOVERNING COUNCIL