Six connected writ petitions filed by educational institutions were disposed of. The court held that the grievances of the petitioners had been redressed by a preceding Division Bench judgment in W.A.No.1487 of 2019, leading to the closure of the pending matters with no substantive determination required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
WP(C).No.15206 OF 2019(A)
PETITIONER:
HOLY GRACE FOUNDATION REPRESENTED BY ITS SECRETARY REP BY ITS SECRETARY, KURUVILASSERY P.O., MALA, TRISSUR DISTRICT,PIN-680 735
BY ADVS.
SRI.S.KRISHNAMOORTHY SMT.NITHYA SUGUNAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVT SECRETARIAT, THIRUVANANTHAPURAM-695 001
3 THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN-695 001
4 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE, TRISSUR-680 596
6 THE PHARMACY COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, COMBINED COUNCILS BUILDING,TEMPLE LANE, KOTLA, PB NO.7020, DELHI-110 002
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7 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM,PIN-695 001 BY ADV.
SRI.M.A.ASIF SPL GP
SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH WP(C).14244/2019(E), WP(C).15498/2019(J), WP(C).15509/2019(K), WP(C).15514/2019(L), WP(C).15525/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
WP(C).No.14244 OF 2019(E)
PETITIONERS:
1 THE ADMINISTRATOR, NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT, KERALA STATE -686661
2 THE PRINCIPAL NIRMALA COLLEGE OF PHARMACY, MUVATTUPUZHA, ERNAKULAM DISTRICT, KERALA STATE -686661
BY ADVS. SRI.GEORGE JACOB (JOSE) SRI.ROSHAN JACOB MUNDACKAL
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE.P.O. THRISSUR KERALA STATE 680596, REPRESENTED BY ITS REGISTRAR
2 THE VICE CHANCELLOR THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE,.P.O., THRISSUR KERALA STATE -680596
3 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, TRIVANDRUM, KERALA STATE -695001
BY ADV. SRI.M.A.ASIF SPL GP SRI.P.SREEKUMAR,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH WP(C).15206/2019(A), WP(C).15498/2019(J), WP(C).15509/2019(K), WP(C).15514/2019(L), WP(C).15525/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
WP(C).No.15498 OF 2019(J)
PETITIONER:
MGM COLLEGE OF PHARMACY, MGM TECHNOLOGICAL CAMPUS, PILATHARA, VILAYANCODE P.O, CHERUTHAZHAM, KANNUR-670501, REPRESENTED BY ITS EXECUTIVE DIRECTOR.
BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS REGISTRAR.
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5 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695001.
BY ADV. SRI.M.A.ASIF SPL GP SRI.P.SREEKUMAR,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH WP(C).14244/2019(E), WP(C).15206/2019(A), WP(C).15509/2019(K), WP(C).15514/2019(L), WP(C).15525/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
WP(C).No.15509 OF 2019(K)
PETITIONER:
MGM SILVER JUBILEE COLLEGE OF PHARMACY MGM TECHNOLOGICAL CAMPUS, KILIMANOOR, PULIMATH P.O., PULIMATH, THIRUVANANTHAPURAM- 695612, REPRESENTED BY ITS EXECUTIVE DIRECTOR.
BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.
2 SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM- 695001, REPRESENTED BY ITS REGISTRAR.
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5 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM- 695001.
BY ADV. SRI.M.A.ASIF SPL GP SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH WP(C).14244/2019(E), WP(C).15206/2019(A), WP(C).15498/2019(J), WP(C).15514/2019(L), WP(C).15525/2019(M) THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
WP(C).No.15514 OF 2019(L)
PETITIONER:
MGM SILVER JUBILEE COLLEGE OF POLYTECHNIC AND PHARMACEUTICAL SCIENCES, MGM TECHNOLOGICAL CAMPUS, PAMPAKUDA P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 667 REPRESENTED BY ITS EXECUTIVE DIRECTOR.
BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS SMT.NIGI GEORGE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SECRETARY HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001 REPRESENTED BY ITS REGISTRAR.
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4 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695 001.
BY ADV. SRI.M.A.ASIF SPL GP SRI.P.SREEKUMAR,SC, KERALA UTY.HEALTH AND ALLIED SCIENCE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH WP(C).14244/2019(E), WP(C).15206/2019(A), WP(C).15498/2019(J), WP(C).15509/2019(K), WP(C).15525/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
WP(C).No.15525 OF 2019(M)
PETITIONER:
THE GENERAL SECRETARY, INDIRA GANDHI MEMORIAL TRUST, NELLIKKUZHI P.O, KOTHAMANGALAM 686 691
BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.P.M.SANEER SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.
2 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O, TRICHUR 680 596
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BY ADV.
SRI.M.A.ASIF SPL GP
BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH WP(C).14244/2019(E), WP(C).15206/2019(A), WP(C).15498/2019(J), WP(C).15509/2019(K), WP(C).15514/2019(L) THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) Nos.14244, 15206, 15498, 15509,
15514 & 15525 of 2019
JUDGMENT
It is seen that the grievance of the petitioners in the writ petitions stands redressed, in the light of the decision of the Division Bench in W.A.No.1487 of 2019 and connected cases. The writ petitions, in the circumstances, are closed,
leaving open the issues not covered by the said judgment.
Sd/-
P.B.SURESH KUMAR
JUDGE
ska
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APPENDIX OF WP(C) 15206/2019
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE LETTER NO.HGE/AD/49/2019 DATED 15.2.2019 ISSUED TO THE 1ST RESPONDENT BY THE PETITIONER |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE LETTER NO.HGE/AD/52/2019 DATED 15.2.2019 ISSUED TO THE 2ND RESPONDENT BY THE PETITIONER |
| EXHIBIT P3 | TRUE COPY OF THE LETTER NO.HGE/AD/51/2019 DATED 15.2.2019 ISSUED TO THE 3RD RESPONDENT BY THE PETITIONER |
| EXHIBIT P4 | TRUE COPY OF THE APPROVAL LETTER F.NO.SOUTH-WEST/2019-20/ 1-4836123951 DATED 30.4.2019 ISSUED BY THE 5TH RESPONDENT |
| EXHIBIT P5 | TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE EXECUTIVE COMMITTEE OF THE PHARMACY COUNCIL DATED 20.5.2019 |
| EXHIBIT P6 | TRUE COPY OF THE LETTER NO.HGE/ADV/175/2019 DATED 30.5.2019 ISSUED TO THE 1ST RESPONDENT BY THE PETITIONER |
| EXHIBIT P7 | TRUE COPY OF THE JUDGMENT IN WP(C) NO.15525/2018 DATED 8.2.2019 |
| EXHIBIT P8 | TRUE COPY OF THE APPLICATION DATED 7.6.2019 MADE BEFORE THE 2ND RESPONDENT |
| EXHIBIT P9 | TRUE COPY OF THE APPLICATION DATED 7.6.2019 MADE BEFORE THE 3RD RESPONDENT |
| EXHIBIT P10 | TRUE COPY OF THE APPLICATION DATED 7.6.2019 MADE BEFORE THE UNIVERSITY |
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APPENDIX OF WP(C) 14244/2019
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE CERTIFICATE DATED 10.3.2008 ISSUED BY THE NATIONAL COMMISSIONER FOR MINORITY EDUCATIONAL INSTITUTIONS |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE COMMUNICATION DATED 20/08/2018 OF THE NATIONAL BOARD OF ACCREDITATION GRANT ACCREDITATION TO THE COLLEGE |
| EXHIBIT P3 | TRUE COPY OF THE RELEVANT EXTRACT DATED 10.4.2019 OF THE WEBSITE PUBLICATION OF THE PCI SANCTIONING ENHANCED SEATS TO THE COLLEGE |
| EXHIBIT P4 | TRUE COPY OF THE COMMUNICATION DATED 30.4.2019 OF THE AICTE GRANTING APPROVAL FOR 100 SEATS FOR THE B.PHARM COURSE. |
| EXHIBIT P5 | TRUE COPY OF THE LETTER DATED 6/5/2019 OF THE 1ST PETITIONER ADDRESSED TO THE 1ST RESPONDENT SEEKING FOR APPROVAL FOR ENHANCED INTAKE |
| EXHIBIT P6 | TRUE COPY OF THE EMAIL DATED 10/5/2019 OF THE 1ST PETITIONER ADDRESSED TO THE UNIVERSITY FOR EXPEDITIOUS ACTION FOR AFFILIATION |
| EXHIBIT P7 | TRUE COPY OF THE APPLICATION DATED 13.5.2019 OF THE 1ST PETITIONER SEEKING FOR AFFILIATION OF THE UNIVERSITY FOR THE ADDITIONAL 40 SEATS, ALONG WITH DOCUMENT,S DEMAND DRAFT AND THE COVERING LETTER. |
| EXHIBIT P8 | TRUE COPY OF THE G.O(RT).NO.2520/2004/H.FWD DATED 4/09/2004 ISSUED BY THE STATE GOVERNMENT |
| EXHIBIT P9 | TRUE COPY OF THE COMMUNICATION DATED 6/6/2019 OF THE 1ST RESPONDENT ADDRESSED TO THE 1ST PETITIONER. |
| EXHIBIT P10 | TRUE COPY OF THE CHEQUE DATED 3/6/2019 DRAWN ON THE STATE BANK OF INDIA ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER RETURNING RS. 2 LACKS REMITTED TOWARDS AFFILIATION FEES. |
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APPENDIX OF WP(C) 15498/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF APPROVAL ORDER ISSUED BY AICTE TO THE PETITIONERS COLLEGE. EXHIBIT P2 COPY OF THE RELEVANT PORTION OF THE MINUTES OF 209TH EC HELD ON 14.05.2019 EVIDENCING THE APPROVAL OF B.PHARM AND D.PHARM COURSES TO THE PETITIONERS COLLEGE.
EXHIBIT P3 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 29.12.2018 TO THE THIRD RESPONDENT. EXHIBIT P3 A COPY OF THE APPLICATION DATED 30.05.2019 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. EXHIBIT P4 COPY OF THE APPLICATION DATED 30.05.2019 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P5 COPY OF THE REPRESENTATION DATED 30.05.2019 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P6 COPY OF THE JUDGMENT DTAED 05.07.2017 IN WA NO.236/2017 (REPORTED IN 2017(3) KLT 779. EXHIBIT P7 COPY OF THE JUDGMENT DATED 08.02.2019 IN WPC NO.15525/2018.
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APPENDIX OF WP(C) 15509/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF APPROVAL ORDER ISSUED BY AICTE TO THE PETITIONER'S CERTIFICATE. EXHIBIT P2 COPY OF THE RELEVANT PORTION OF THE MINUTES OF 300TH EC ON 20.05.2019 EVIDENCING THE APPROVAL OF B.PHARM AND D.PHARM COURSES TO THE PETITIONER'S COLLEGE.
EXHIBIT P3 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 29.12.2018 TO THE THIRD RESPONDENT. EXHIBIT P3 A COPY OF THE APPLICATION DATED 30.05.2019 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. EXHIBIT P4 COPY OF THE APPLICATION DATED 30.05.2019 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P5 COPY OF THE REPRESENTATION DATED 30.5.2019 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P6 COPY OF THE JUDGMENT DATED 05.07.2017 IN W.A.NO.236/2017 (REPORTED IN 2017(3)KLT 779). EXHIBIT P7 COPY OF THE JUDGMENT DATED 08.02.2019 IN W.P.(C)NO.15525/2018.
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APPENDIX OF WP(C) 15514/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE APPROVAL ORDER ISSUED BY THE AICTE TO THE PETITIONER'S COLLEGE.
EXHIBIT P2 COPY OF THE RELEVANT PORTION OF THE MINUTES OF 02.310TH EC MEETING HELD ON 14.5.2019 OF THE PHARMACY COUNCIL OF INDIA.
EXHIBIT P3 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 29.12.2018 TO THE 3RD RESPONDENT.
EXHIBIT P4 COPY OF THE APPLICATION/REPRESENTATION DATED 30.5.2019 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. EXHIBIT P5 COPY OF THE APPLICATION/REPRESENTATION DATED 30.5.2019 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P6 COPY OF THE SAID JUDGEMENT DATED 5.7.2017 IN W.A.NO.236/2017 (REPORTED IN 2017 (3) KLT 779). EXHIBIT P7 COPY OF THE JUDGEMENT DATED 8.2.2019 IN WPC NO.15525/2018 AND CONNECTED CASES.
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APPENDIX OF WP(C) 15525/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 1602-2019 TO THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 9-4-2019 ISSUED FROM THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30-04-2019 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION EXHIBIT P4 TRUE COPY OF THE PRINT OUT OF RELEVANT PORTION OF THE MINUTES DECISION OF THE PCI(18-04-2019) EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 3-5-2019 SUBMITTED TO THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 3-5-2019 SUBMITTED TO THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 3-52019 TO THE 1ST RESPONDENT.
1 issue framed by the court
Whether the writ petitions filed regarding college admissions and affiliations required further adjudication given a recent Division Bench decision.
Holy Grace Foundation
State of Kerala
Kerala University of Health Sciences
Nirmala College of Pharmacy
MGM College of Pharmacy
MGM Silver Jubilee College of Pharmacy
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
