Disposed

Mgm Silver Jubilee College of Polytechnic and Pharmaceutical Sciences v. State of Kerala

Kerala HC5 Nov 2020WP(C)/23551/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a private college seeking mandamus for extension of provisional affiliation and inclusion in the admission allotment process for B.Pharm Course. The court recorded the university's pending order.

What did the court decide?

Writ petition disposed of by recording that formal orders will be issued the next day and communicated forthwith.

Mgm Silver Jubilee College of Polytechnic and… — 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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THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942

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WP(C).No.23551 OF 2020(T)

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PETITIONER:

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MGM SILVER JUBILEE COLLEGE OF POLYTECHNIC AND PHARMACEUTICAL SCIENCES, MGM TECHNOLOGICAL CAMPUS, PAMPAKUDA, ERNAKULAM DISTRICT, PIN-686 667 REP. BY ITS EXECUTIVE DIRECTOR

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BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SMT.NIGI GEORGE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 COMMISSIONER FOR ENTRANCE EXAMINATION KERALA, OFFICER FOR THE COMMISSIONER FOR ENTRANCE EXAMINATION, 5TH FLOOR, HOUSING BOARD BUILDINGS, SHANTHI NAGAR, THIRUVANANTHAPURAM-695 001

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3 KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA, PIN-680 596 REPRESENTED BY ITS REGISTRAR

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R1-R2 BY GOVERNMENT PLEADER SRI PRAMOD P.G R3 BY SRI P SREEKUMAR, SC, KERALA UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.23551 OF 2020(T)

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JUDGMENT

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The petitioner, a private self financing college conducting B.Pharm Course on the strength of the approval granted by the Pharmacy Council of India and provisional affiliation granted by the 3^rd respondent University, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3^rd respondent University to consider and grant extension of provisional affiliation for B.Pharm Course for the academic year 2020-21 forthwith, within a time limit to be fixed by this Court. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent Commissioner for Entrance Examination to include the petitioner college in the Centralised Allotment Process for B.Pharm Course, for the academic year 2020-21, within a time limit to be specified by this Court.

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On 03.11.2020, when this writ petition came up for admission, the learned Standing Counsel for the 3^rd respondent University was directed to get instructions.

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Today, when this case is taken up, it is submitted by the learned Standing Counsel for the 3^rd respondent University that

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WP(C).No.23551 OF 2020(T)

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the University has already taken a decision to grant continuation of provisional affiliation to the petitioner college, for B.Pharm course, for the academic year 2020-21 and formal orders shall be issued by tomorrow (06.11.2020), which shall be communicated to the 2^nd respondent forthwith.

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Learned Government Pleader for respondents 1 and 2 would submit that on receipt of such order, the 2^nd respondent Commissioner for Entrance Examination shall do the needful to include the name of the petitioner college in the Centralised Allotment Process for admission to B.Pharm Course, for the academic year 2020-21.

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Having considered the submission made by the learned counsel on both sides, this writ petition is disposed of recording the submission made by the learned Standing Counsel for the 3^rd respondent University that formal orders granting continuation of provisional affiliation to the petitioner college for conducting B.Pharm Course for the academic year 2020-21 shall be issued by the University tomorrow (06.11.2020), which shall be communicated forthwith to the 2^nd respondent Commissioner for Entrance Examination, so as to enable the 2^nd respondent to

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WP(C).No.23551 OF 2020(T)

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include the petitioner college in the Centralised Allotment Process, and also the submission made by the learned Government Pleader that, on receipt of such order, the 2^nd respondent Commissioner for Entrance Examination shall do the needful to include the name of the petitioner college in the Centralised Allotment Process for

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admission to B.Pharm Course, for the academic year 2020-21.

Sd/-

ANIL K.NARENDRAN

JUDGE

WP(C).No.23551 OF 2020(T)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF RELEVANT PORTION OF APPROVAL OF THE B.PHARM COURSE GRANTED BY THE PCI TO THE PETITIONER AS PER THE MINUTES 2.310TH EXECUTIVE COMMITTEE MEETING DATED 20TH MAY 2019

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EXHIBIT P2 COPY OF THE AFFILIATION ORDER DATED 1.11.2019

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EXHIBIT P3 COPY OF COMMON INTERIM ORDER DATED 25.8.2020 PASSED IN WP(C) 35377/2019, WP(C) NO.27324/2019 AND WP(C) 1552 AND 17724/2020

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EXHIBIT P4 COPY OF THE INTERIM ORDER DATED 20.10.2020 IN W.P.(C) NO.20199/2020

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EXHIBIT P5 COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 02.335TH EXECUTIVE COMMITTEE MEETING OF THE PHARMACY COUNCIL HELD ON 22.10.2020

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EXHIBIT P6 COPY OF THE LETTER DATED 11.10.2020 OF THE THIRD RESPONDENT TO THE PETITIONER

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EXHIBIT P7 COPY OF THE COMPLIANCE REPORT DATED 23.10.2020 BY THE PETITIONER

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EXHIBIT P8 COPY OF THE NOTIFICATION DATED 4.10.2020 OF THE 2ND RESPONDENT WITH RESPECT TO THE SIMILARLY SITUATED COLLEGES

Mgm Silver Jubilee College of Polytechnic and Pharmaceutical Sciences v. State of Kerala

Case brief

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Mgm Silver Jubilee College of Polytechnic and Pharmaceutical Sciences v. State of Kerala

Case brief

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