Petitioner college sought affiliation for M.Pharm course via writ petition. The University had initially deferred processing due to inspection deficiencies. The Court recorded that the University had cleared these hurdles and approved affiliation for 2020-21, disposing the petition on that fact.
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 ANIL K.NARENDRAN
TUESDAY, THE 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942
W.P.(C) No.16313 OF 2020(L)
PETITIONER:
PRIME COLLEGE OF PHARMACY PRIME NAGAR, NEAR GOVERNMENT POLYTECHNIC, ERATTAYAL, PALAKKAD-678 551 REPRESENTED BY THE PRINCIPAL.
BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SRI.RIJI RAJENDRAN SMT.NISHA GEORGE
RESPONDENT:
THE KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR DISTRICT-680 596 REPRESENTED BY THE REGISTRAR.
BY SRI.P.SREEKUMAR, STANDING COUNSEL, KERALA UNIVERSITY OF HEALTH SCIENCES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner college has filed this writ petition under Article
226 of the Constitution of India seeking a writ of certiorari to quash Ext.P7 communication dated 25.06.2020 and a writ of mandamus commanding the respondent University to grant affiliation to the college to commence M.Pharm Course, during the academic year 2020-21, on the strength Ext.P4 decision taken by the Pharmacy Council of India, in its meeting held on 8th and 9th April, 2020.
“In the light of interim order granted in connected matters, the University is directed to open the web portal to enable the petitioner to apply for affiliation to start M.Pharm Course. The web portal shall be opened at least for one week so as to enable the petitioner to submit application for affiliation. Thereafter, the University shall take a decision on the application without any further delay in accordance with the regulations.”
respondent. Paragraphs 2 and 3 of the statement read thus;
“2. It is respectfully submitted that the Pharmacy Council of India has imposed a moratorium on starting new pharmacy courses and
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certain relaxations were issued in the same. In the Governing Council meeting held on 25.07.2020, it was decided that in the cases where moratorium is not applicable, pharmacy courses could be affiliated for the academic year 2020-21.
further consideration, along with connected matters, the learned Standing Counsel for the respondent University submitted that the
applications made by the respective institutions for affiliation/enhancement of intake, are being processed and that, appropriate decision shall be taken on those applications, within two weeks.
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that steps have already been taken to rectify the deficiencies noted by the inspection team.
Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of, recording the fact that the respondent University has already taken a decision to grant affiliation to the petitioner college for conducting M.Pharm
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Course, for the academic year 2020-21, and formal orders shall be issued today itself, which shall be forwarded to the Commissioner of Entrance Examinations, forthwith.
Sd/-
ANIL K. NARENDRAN JUDGE
bpr
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE G.O. (MS) NO. 248/2014/H&FWD DATED 07.08.2014. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE ORDER NO. 8356/AC-F/ PHARM/KUHS/2014 DATED 25.07.2014 ISSUED BY THE RESPONDENT. |
| EXHIBIT P3 | TRUE COPY OF THE CERTIFICATE/ORDER NO. B7/2438/D.PHARM/2014/DMR/DATED 28.04.2014 ISSUED BY THE DIRECTORATE OF MEDICAL EDUCATION. |
| EXHIBIT P4 | TRUE COPY OF THE DECISION OF THE PHARMACY COUNCIL HELD ON 8TH AND 9TH OF APRIL, 2020. |
| EXHIBIT P5 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 16.06.2020. |
| EXHIBIT P6 | TRUE COPY OF THE DEMAND DRAFT BEARING NO. 803503 DATED 16.06.2020 AND CHALLAN EVIDENCING THE PAYMENT DAD 16.06.2020. |
| EXHIBIT P7 | TRUE COPY OF THE COMMUNICATION DATED 25.06.2020 ISSUED BY THE UNIVERSITY. |
RESPONDENTS' EXHIBITS: NIL
1 issue framed by the court
Whether the High Court should quash the earlier adverse communication and direct the University to grant affiliation to the petitioner college for the M.Pharm course.
1 provisions across 1 enactments
Prime College of Pharmacy
Kerala University of Health Sciences
Anil K. Naren
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
