Dismissed

Pradeepan.R., v. State of Kerala

Kerala HC15 Nov 2019WP(C)/20821/2019

Case brief

AI extract

What is this about?

In a writ petition filed by parents of students in a Pharm.D. college, the High Court rejected the prayer to prevent course discontinuation for new admissions. The Court held that existing students have no grievance as they can complete their course, thus dismissable the petition.

What did the court decide?

Petition closed without granting relief as existing students can complete the course without prejudice.

Pradeepan.R., Vs State of Kerala — Education and Admissions | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 15TH DAY OF NOVEMBER 2019 / 24TH KARTHIKA, 1941

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WP(C).No.20821 OF 2019(C)

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PETITIONERS:

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1 PRADEEPAN.R., AGED 53 YEARS REREMAL HOUSE, KOTTILA POST, EZHOME VIA, KOTTILA, KANNUR DT. PIN-670 334

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2 T.P.SAJEEVAN, SRAVANAM, KUNNOTH, KILIYANTHARA P.O., IRITTY, KANNUR DT

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BY ADVS. SMT.P.SHEEBA SRI.VISHAK.K.JOHNSON

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RESPONDENTS:

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1 STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011

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3 THE PRINCIPAL, PARIYARAM GOVERNMENT MEDICAL COLLEGE, PARIYARAM, TALIPARAMBA TALUK, KANNUR-670 503

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4 ADDL.R4. KERALA UNIVERSITY OF HEALTH SCIENCE, REPRESENTED BY REGISTRAR, MEDICAL COLLEGE P.O, THRISSUR - 680 596. ADDITIONAL R4 IS IMPLEADED AS PER THE ORDER DATED 10/10/2019 IN I.A.NO.1/2019 IN WP(C)20821/2019.

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R4 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE

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W.P.(C) No. 20821 of 2019

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OTHER PRESENT:

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SR. G.P. SRI M.A.ASIF

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 20821 of 2019

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J U D G M E N T

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This writ petition is filed by the parents of the students undergoing Pharm-D course in the College of Pharmaceutical and Sciences in Pariyaram Government Medical College. The prayers in the writ petition are as follows:

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“i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents not to discontinue Pharm.D. course in the College of Pharmaceutical and Sciences in Government Medical College Pariyaram, Kannur;

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ii) Direct the respondents to take immediate steps for admission to the first-year Pharm.D. course for the year 2019-2020 in the College of Pharmaceutical and Sciences in Government Medical College Pariyaram, Kannur;

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iii)Direct the first respondent to consider Exhibit P9 representation submitted by the first petitioner before the Hon'ble Chief Minister which is forwarded to the first respondent and to take immediate decision thereon;”

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W.P.(C) No. 20821 of 2019

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2. Heard.

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3. It is submitted by the learned counsel for the petitioners that the Government has decided not to continue the Pharm-D course in the Medical College and that admission is not being granted to the first year of the course from this year onwards. It is stated that the petitioners' wards

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are undergoing the course and they will be adversely affected by the decision of the Government since in case they fail in more than two subjects, they will be unable to repeat the year that they have completed. The learned counsel relies on Ext.P1 syllabus to contend that in case promotion is not granted on account of failure in subjects, the failed students will be at a disadvantage inasmuch as they will not be able to repeat the year.

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4. The learned Standing Counsel appearing

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for the additional fourth respondent submits that

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W.P.(C) No. 20821 of 2019

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the Government has a taken a decision not to grant fresh admission to the first year in the Pharm-D Course. It is submitted that the petitioners' wards will be in noway affected by the decision since the course is being continued in the College and that they will be entitled to complete the course to which admission is granted. It is submitted that appropriate steps shall be taken by respondents 1 to 3 to see that no prejudice is caused to the students who fail in the first year and that they will be permitted to complete the course.

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The submission that the discontinuance will not adversely affect the existing students is recorded. In view of the fact that the petitioners who are the parents of students who have already secured admission for the course, can have no grievance with regard to the discontinuance of the course except insofar as such discontinuance affects their wards, the prayers sought for are not

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W.P.(C) No. 20821 of 2019 -6-

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liable to be granted, and the writ petition is accordingly closed.

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Sd/-

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ANU SIVARAMAN

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Ds 15.11.2019 JUDGE

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W.P.(C) No. 20821 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF THE RELEVANT PAGES OF REGULATIONS AND SYLLABUS FOR DOCTOR OF PHARMACY COURSE PROVIDED BY KERALA UNIVERSITY OF HEALTH SCIENCE

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EXHIBIT P2 COPY OF THE APPLICATION DATED 22.6.2019 SUBMITTED BEFORE THE STATE PUBLIC INFORMATION OFFICER OF THE THIRD RESPONDENT

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EXHIBIT P3 COPY OF THE COMMUNICATION NO.PRN/3892/2014/RTI DATED 25.06.2019 ISSUED BY THE THIRD RESPONDENT

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EXHIBIT P4 COPY OF THE APPLICATION DATED 26.6.2019 SUBMITTED BY THE FIRST PETITIONER BEFORE THE THIRD RESPONDENT EXHIBIT P5 COPY OF THE COMMUNICATION NO.PRN/3892/2014/RTI DATED 8.7.2019 ISSUED BY THE THIRD RESPONDENT EXHIBIT P6 COPY OF THE APPLICATION UNDER RTI ACT SUBMITTED BY THE DOCTOR OF PHARMACY POST GRADUATE STUDENTS AND PARENTS ASSOCIATION BEFORE THE SECOND RESPONDENT

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EXHIBIT P7 COPY OF THE REPLY DATED 4.4.2018 ISSUED BY THE SECOND RESPONDNET

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EXHIBIT P8 COPY OF THE REPRESENTATION SUBMITTED BY THE STUDENTS OF PHARM-D IN ACADEMY OF PHARMACEUTICAL SCIENCE SCIENCE, GOVENRMENT MEDICAL COLLEGE BEFORE THE HON'BLE CHIEF MINISTER

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W.P.(C) No. 20821 of 2019

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EXHIBIT P9 COPY OF THE REPRESENTATION DATED 6.6.2019 SUBMITTED BY THE FIRST PETITIONER BEFORE THE HON'BLE CHIEF MINISTER EXHIBIT P10 COPY OF THE REPRESENTATION DATED 6.6.2019 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P11 COPY OF THE NOTIFICATION NO,Z28020/11/2019-AHS DATED 16.7.2019 ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA

Pradeepan.R., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pradeepan.R., v. State of Kerala

Case brief

What is this about?

What did the court decide?

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