Disposed

The Managing Director v. Kerala University of Health Sciences

Kerala HC7 Aug 2020WP(C)/10013/2020

Case brief

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What is this about?

In a writ petition, the Educational Institute sought a direction to keep the University's Web Portal open to submit an application for affiliation consent for three PG Dental programs. The Court directed the University to keep the portal open for five days starting 10.08.2020 to accept the application and dispose of it expeditiously.

What did the court decide?

Direction to keep the University Web Portal open for five days from 10.08.2020 to accept the application for PG Dental programs consent of affiliation.

The Managing Director Vs Kerala University of Health… — Education and Admissions | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 07TH DAY OF AUGUST 2020 / 16TH SRAVANA, 1942

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WP(C).No.10013 OF 2020(B)

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PETITIONER:

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THE MANAGING DIRECTOR, EDUCARE INSTITUTE OF DENTAL SCIENCES, KILIYAMANNIL CAMPUS, CHATTIPARAMBA, MALAPPURAM-676 504.

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BY ADVS. SRI.P.M.SANEER SRI.TONY GEORGE KANNANTHANAM

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RESPONDENTS:

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1 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., TRICHUR-680 596.

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2 THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., TRICHUR-680 596.

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3 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH AND FAMILY WELFARE (DENTAL EDUCATION SECTION), NIRMAN BHAVAN, NEW DELHI-110 011.

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BY ADVS. SRI.P.SREEKUMAR, SC SRI.P.VIJAYAKUMAR,ASGI SRI.TONY GEORGE KANNANTHANAM

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.10013 OF 2020(B)

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JUDGMENT

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The grievance of the petitioner is that the respondent University is not opening the Web Portal so as to enable the petitioner to submit the application for consent of affiliation for three PG Dental programs.

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2. The respondent University has filed a statement stating that the claim of the petitioner would be considered for the next academic year, provided petitioner submits a valid application.

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3. Therefore there cannot be any objection for considering the application to be submitted by the petitioner. The learned senior counsel submits that the application has already been submitted before the Central Government.

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In view of the urgency as well as history of the case, I find it appropriate to direct the University to keep open the Web Portal so as to enable the petitioner to submit application for a period of five days from 10.08.2020 onwards. On

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WP(C).No.10013 OF 2020(B)

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receipt of the said application, the University shall consider the same and pass orders on it as expeditiously as possible. In case any defects are found, the University shall grant an opportunity to the petitioner to cure the same.

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Accordingly, the writ petition is

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disposed of.

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Sd/P.V.ASHA JUDGE

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WP(C).No.10013 OF 2020(B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY 12.1.2006 INDIA.	OF THE ISSUED BY	NOTIFICATION DATED THE DENTAL COUNCIL OF
EXHIBIT P2	TRUE COPY ISSUED BY	OF THE THE DENTAL C	ORDER DATED 7.6.2016 OUNCIL OF INDIA.
EXHIBIT P3	TRUE COPY 28.12.2018 TO START DENTISTRY	OF THE TO THE 2ND MDS COURSE DEPARTMENT.	APPLICATION DATED RESPONDENT PERMITTED IN THE CONSERVATIVE
EXHIBIT P3(A)	TRUE COPY 28.12.2018 TO START DEPARTMENT	OF THE TO THE 2ND MDS COURSE .	APPLICATION DATED RESPONDENT PERMITTED IN THE PERIODONITICS
EXHIBIT P3(B)	TRUE COPY 28.12.2018 TO START DEPARTMENT	OF THE TO THE 2ND MDS COURSE .	APPLICATION DATED RESPONDENT PERMITTED IN THE ORTHODONTICS
EXHIBIT P3(C)	TRUE COPY 28.12.2018 TO START PREVENTIVE	OF THE TO THE 2ND MDS COURSE DENTISTRY D	APPLICATION DATED RESPONDENT PERMITTED IN THE PEDODONTICS & EPARTMENT.
EXHIBIT P4	TRUE COPY 18.3.2019 ALONG WITH	OF THE TO THE UNI EXT.P3 APPL	COVERING LETER DATED ON OF INDIA SUBMITTED ICATION.
EXHIBIT P4(A)	TRUE COPY 18.3.2019 ALONG WITH	OF THE TO THE UNI EXT.P3(A) A	COVERING LETER DATED ON OF INDIA SUBMITTED PPLICATION.
EXHIBIT P4(B)	TRUE COPY 18.3.2019 ALONG WITH	OF THE TO THE GOV EXT.P3(B) A	COVERING LETER DATED T. OF INDIA SUBMITTED PPLICATION.
EXHIBIT P5	TRUE COPY ISSUED BY	OF THE THE 2ND RESP	ORDER DATED 9.4.2019 ONDENT.

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WP(C).No.10013 OF 2020(B)

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EXHIBIT P6	TRUE COPY OF THE JUDGMENT DATED 9.7.2019 IN W.A NO.1485/19 OF THIS HON'BLE COURT.
EXHIBIT P7	TRUE COPY OF THE JUDGMENT DATED 7.8.2019 IN WP(C) NO.15925/2019 OF THIS HON'BLE COURT.
EXHIBIT P8	TRUE COPY OF THE JUDGMENT DATED 13.1.2020 IN W.A.1987/19 OF THIS HONOURABLE COURT.
EXHIBIT P9	TRUE COPY OF THE PRINT OUT OF THE APPLICATION SUBMITTED BY THE PETITIONER.
EXHIBIT P10	TRUE COPY OF THE ORDER DATED 24.1.20 IN I.A.NO.1/19 IN W.A.1987 OF THIS HON'BLE COURT.
EXHIBIT P11	TRUE COPY OF THE ORDER DATED 28.1.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P12	TRUE COPY OF THE LETTER DATED 30.1.2020 BY THE DENTAL COUNCIL OF INDIA.
EXHIBIT P13	TRUE COPY OF THE ORDER DATED 28.2.20 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P14	TRUE COPY OF THE NOTIFICATION DATED 23.1.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P15	TRUE COPY OF THE APPLICATION DATED 4.3.2020 TO THE 2ND RESPONDENT.

The Managing Director v. Kerala University of Health Sciences

Case brief

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The Managing Director v. Kerala University of Health Sciences

Case brief

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