Disposed

The Laxmi Meghan Educational Trust v. the State of Kerala

Kerala HC18 Nov 2020WP(C)/21693/2020

Case brief

AI extract

What is this about?

The petitioner, an educational trust, sought a mandamus for a no-objection certificate to establish a Pharmacy College and a declaration regarding state delay. The court dismissed the plea as the Pharmacy Council of India had declared a renewal moratorium, making the state unable to grant approval at present.

What did the court decide?

Petition disposed of; no new application will be entertained during the ongoing moratorium period of the Pharmacy Council of India.

The Laxmi Meghan Educational Trust Vs the State of… — 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 MR. JUSTICE ANIL K.NARENDRAN

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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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W.P.(C) No.21693 OF 2020(J)

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PETITIONER:

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THE LAXMI MEGHAN EDUCATIONAL TRUST REPRESENTED BY ITS CHAIRMAN, DR.M.V.SASIDHARAN, SURGI CARE CENTRE AND HOSPITAL, KANHANGAD-671 315, KASARAGOD DISTRICT.

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BY ADVS. SRI.P.K.VIJAYAMOHANAN SMT. AISWARYA V.S.

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RESPONDENT:

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THE STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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SRI.M.A.ASIF, SPECIAL GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.21693 OF 2020(J)

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JUDGMENT

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The petitioner, an Educational Trust, which is conducting a Nursing College affiliated to the Kerala University of Health Sciences and which proposes to establish a Pharmacy College, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent State to issue a 'no-objection certificate' to the petitioner to establish the Pharmacy College, as proposed. The petitioner has also sought for a declaration that the delay in considering the application for noobjection certificate for establishment of the Pharmacy College proposed by the petitioner is illegal, arbitrary and offending the provisions under Articles 14 and 19 of the Constitution of India. The further relief sought for is a writ of mandamus commanding the respondent to consider Ext.P3 representation made by the petitioner.

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On 14.10.2020, when this writ petition came up for admission, the learned Special Government Pleader sought time to get instructions and file statement.

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A statement has been filed by the learned Special Government Pleader. Paragraphs 3 to 7 of that statement read thus;

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W.P.(C) No.21693 OF 2020(J)

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“3. It is submitted that the Pharmacy Education both in Diploma level as also in the under graduate level had saturated in the State and large number of seats in the existing colleges goes abegging. Mushrooming of Pharmacy colleges is causing serious threat to the standards of education in the field and also there is unhealthy competition among the existing institutions to get students for their institution. It is submitted that there is acute shortage of faculty and the job opportunity for those who complete such courses are also very limited. Due to the short fall in demand for the course, the Pharmacy Institutions had turned to be unviable which necessarily results in the institutions compromising on faculty and infrastructure which further courses dent to the already eroding standards of education.

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It is submitted that in the above background, the State had requested the Pharmacy Council of India to declare holiday in sanctioning new institutions/enhancing intake till the situation stablises. It is understood that similar is the situation in other parts of the country except in the north eastern region.

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Considering the situation that prevails in the country, the Pharmacy Council of India in its 106^th Central Council Meeting held on 9^th and 10^th April, 2019 had decided to declare a moratorium for new B. Pharm and D. Pharm institutions from 2020-21 for a period of 5 years. True copy of the communication issued by the Pharmacy Council of India dated 17.07.2019 addressed to all Chief Secretaries, Principal Secretaries (Health) and Principal Secretary (Technical Education) in all the States in the country is produced herewith and marked as Annexure I.

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It is submitted that subsequent to Annexure I decision, based on certain representations received by the Pharmacy

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W.P.(C) No.21693 OF 2020(J)

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Council of India, the Council has slightly modified Annexure I in its 107^th decision of the Central Council of Pharmacy held on 5^th and 6^th August, 2019 to the extent that there shall be no moratorium to Government Institutions, institutions who had applied for Pharmacy course during 2019-20 and the proposals were rejected/institutions were not inspected, such institutions shall be permitted to apply for the academic year 2020-21 only. So, also existing institutions will also be permitted to increase the intake capacity and/or to start additional Pharmacy course. True copy of the communication issued by the Pharmacy Council of India dated 09.09.2019 addressed to all Chief Secretaries, Principal Secretaries (Health), and Principal Secretary (Technical Education) in all the States in the country is produced herewith and marked as Annexure -II.

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It is submitted that the petitioner does not fall in Annexure II exempted category also. Therefore, taking into account the situation that prevails in the State and also in the light of the moratorium declared by the Pharmacy Council of India as evidenced in Annexure I and II, the State is not in a position to grant NOC to the petitioner for starting new Pharmacy institution in the State.”

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Heard the learned counsel for the petitioner and also the learned Special Government Pleader appearing for the respondent.

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The grievance of the petitioner, which is highlighted in this writ petition, is non-consideration of its application for noobjection certificate by the respondent State, for establishing a Pharmacy College. Such a certificate is an essential document for submitting application before the Pharmacy Council seeking

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W.P.(C) No.21693 OF 2020(J)

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permission to conduct B.Pharm course and also for submitting application before the University seeking affiliation.

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Now, as can be seen from the statement filed by the respondent, there is a moratorium for new B. Pharm and D. Pharm institutions for a period of 5 years from 2020-21, as evidenced by Annexure I communication dated 17.07.2019 of the Pharmacy Council of India, addressed to all Chief Secretaries, Principal Secretaries (Health) and Principal Secretary (Technical Education) in all States in the country. Subsequently, as evidenced by Annexure II communication dated 09.9.2019, the Pharmacy Council of India slightly modified Annexure I, in its decision taken in the 107^th meeting of the Council held on 5^th and 6^th August, 2019 to the extent that there shall be no moratorium to Government institutions, institutions which had applied for Pharmacy course during 2019-20 and the proposals were rejected/institutions which were not inspected. Such institutions shall be permitted to apply for the academic year 2020-21 only. As per Annexure II, the existing approved institutions will also be permitted to increase the intake capacity as per PCI norms and/or to start additional Pharmacy courses.

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The request made by the petitioner for no-objection

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W.P.(C) No.21693 OF 2020(J)

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certificate cannot be considered by the respondent, for the time being, in view of the moratorium for new B. Pharm and D. Pharm institutions in the State, in terms of Annexures I and II.

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In such circumstances, this writ petition is disposed of, without prejudice to the right of the petitioner to move the respondent again, after the period of moratorium in Annexures I and II is over, and also the right of the petitioner to approach this Court again, in case there is delay on the part of the respondent in considering that request for no-objection certificate.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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bpr

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W.P.(C) No.21693 OF 2020(J)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF COMMUNICATION NO.32-1(1) 2014-PCI/41311 DATED 17.01.2014 OF THE PHARMACY COUNCIL OF INDIA TO THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 15.10.2013 OF THE PETITIONER TO THE RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 10.09.2020 OF THE PETITIONER TO THE RESPONDENT.

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RESPONDENT'S EXHIBITS:

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ANNEXURE I TRUE COPY OF THE COMMUNICATION ISSUED BY THE PHARMACY COUNCIL OF INDIA DATED 17.07.2019.

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ANNEXURE II TRUE COPY OF THE COMMUNICATION ISSUED BY THE PHARMACY COUNCIL OF INDIA DATED 09.09.2019.

The Laxmi Meghan Educational Trust v. the State of Kerala

Case brief

What is this about?

What did the court decide?

The Laxmi Meghan Educational Trust v. the State of Kerala

Case brief

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What did the court decide?

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