Allowed

Sree Sankara National Institute of Educational Trust v. State of Kerala

Kerala HC19 Mar 2021WA/2202/2019

Case brief

AI extract

What is this about?

The Division Bench allowed the intra-court appeal and directed the Government to issue No Objection Certificate for the appellant to conduct D.Pharm course. It further ordered that admitted students be permitted to register for, write, and get results of examinations.

What did the court decide?

Government directed to issue No Objection Certificate for D.Pharm course; admitted students permitted to register for and write examinations and receive results.

Sree Sankara National Institute of Educational Trust… — Education and Admissions | Kerala HC (2021)

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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 C.T.RAVIKUMAR

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

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WA.No.2202 OF 2019

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AGAINST THE JUDGMENT DATED 4.9.2019 IN WP(C) 31050/2018(E) OF HIGH COURT OF KERALA

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APPELLANT/PETITIONER:

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SREE SANKARA NATIONAL INSTITUTE OF EDUCATIONAL TRUST, REG.NO.74/B/IV/2003, HEAD OFFICE AT ARADHANA, CONVENT ROAD, ALUMMOODU, NEYYATINKARA P.O., THIRUVANANTHAPURAM, PIN-695502, REPRESENTED BY ITS CHAIRMAN.

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BY ADV.SRI.GEORGE POONTHOTTAM (SR) BY ADV. SMT.NISHA GEORGE

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695001.

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W.A.No.2202 of 2019

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3 UNION OF INDIA,REPRESENTED BY THE SECRETARY, MINISTRY OF HUMAN RESOURCES, LAL BAHADUR SASTRI SMRITI, MAULANA AZAD ROAD, BAL BHAWAN, MAN SINGH ROAD AREA, NEW DELHI, DELHI-110001.

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4 THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, NELSON MANDELA MARG, VASAAN KUNJU, NEW DELHI-110067.

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R1 & R2 BY SPL.G.P.SRI.M.A.ASIF R3 BY CGC SMT.G.MAHESWARY

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R4 BY ADV. SRI.SAJITH KUMAR V.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.No.2202 of 2019

JUDGMENT

Ravikumar, J.

This intra-court appeal under Section 5 of the Kerala High Court Act is filed against the judgment dated 4.9.2019 in W.P. (C)No.31050 of 2018. The appellant - Sree Sankara National Institute of Educational Trust, who is the unsuccessful petitioner moved W.P. (C)No.31050 of 2018 aggrieved by the non-grant of No Objection Certificate by the State of Kerala, to enable it to start D-Pharm course for the academic year 2018-2019. Admittedly, on the strength of an interim order passed by this Court the appellant has started D-Pharm Course and also admitted the students in the said course for the year 2018-2019 and then in the year 2019-2020. The said writ petition was disposed of with directions and observations along with a batch of writ petitions as per common judgment dated 4.9.2019. However, dissatisfied with the nature of disposal, the petitioners in those writ petitions and the petitioner in W.P.(C)No.31050 of 2018 preferred appeals. The learned Senior Counsel appearing for the appellant submitted that though the captioned appeal also ought to have been heard and disposed of along with other connected appeals preferred

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W.A.No.2202 of 2019

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against the common judgment dated 4.9.2019, some or how, it did not happen. The appeals preferred against the said common judgment dated 4.9.2019 were disposed of by common judgment by a Division Bench of this Court, on 15.9.2020. Relying on the common judgment in the said appeals the learned Senior Counsel contended that the appellant herein also is entitled to get a similar relief. The common judgment in the appeals would reveal that the Division Bench held that the appellant colleges are entitled to No Objection Certificate for conducting Diploma course in Pharmacy during the academic year 2018-2019/2019-2020, as the case may be, and Government is liable to issue the same. Consequently, in those appeals the orders denying No Objection Certificate were quashed and the students who were admitted to D.Pharm course during the academic year 20182019/2019-2020 in the colleges concerned, pursuant to the interim order in W.A.(C)No.1960 of 2019 and connected cases are to be permitted to be registered for the examination and also to write the examination. Consequential directions were also issued in individual cases.

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Heard the learned Senior Counsel appearing for the appellant and also the learned Special Government Pleader.

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W.A.No.2202 of 2019

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The indisputable and undisputed position is that W.P.(C)No.31050 of 2018 from which the captioned appeal arose was disposed of along with a number of writ petitions. Obviously, dissatisfied with the nature of the disposal of the writ petitions, as per the common judgment dated 4.9.2019, appeals were preferred. It is also an indisputable fact that pursuant to an interim order the appellants therein admitted students in the D.Pharm course during the academic years 2018-2019 and 2019-2020. In the case on hand the interim order dated 24.10.2019 would reveal that it was passed taking note of the interim orders passed under similar circumstances in similar matters and the order permitting allotment of candidates for provisional admission to private institutions including the college in question. The same was issued with a rider that the candidates would not be having any right to seek for equity and their provisional admission would depend upon the outcome of the writ appeals. As noticed hereinbefore, the writ petition was filed on being aggrieved by the denial of No Objection Certificate by the Government for staring the course. The learned Special Government Pleader also would submit that the matter

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in dispute is squarely covered by the common judgment in

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W.A.No.2202 of 2019

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W.A.No.1960 of 2019 and connected cases dated 15.9.2020. We have also carefully gone through the pleadings in the writ petition and also in the appeal. On scanning the said pleadings therein and on perusal of the common judgment we are of the considered view that the matter which was dealt with and decided by the Division Bench in the common judgment dated 15.9.2020 and the subject matter involved in this appeal are one and the same. In the said circumstances, we have no hesitation to hold that the appellant is also entitled to get the benefit flowing from the judgment dated 15.9.2020. In the said circumstances, we are inclined to dispose of this appeal under the same lines. As a matter of fact, in the case on hand, no specific order denying No Objection Certificate was issued and in fact, it is in the said circumstances that the appellant sought for issuance of a writ of mandamus commanding the Government to issue NOC to the appellant college for conducting D.Pharm course for the academic years as above. The common judgment in W.A.No.1960 of 2019 and connected cases dated 15.9.2020 would reveal that as per the same, the orders denying NOC were quashed and after quashing the said orders this Court declared that the colleges concerned are entitled for NOC for conducting the course during the academic years 2018-2019 and 2019-2020 and

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W.A.No.2202 of 2019

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the Government is liable to issue the same.

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In the above circumstances, the Government shall issue

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No Objection Certificate to the appellant college for the conduct of D-Pharm course during the academic years 2018-2019 and 2019-2020. The students who were admitted in the said course pursuant to the interim order shall be permitted to register for the examination and should be permitted to write the examination. In the case of students who had already completed the course and appeared for the examination, their results shall also be published.

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The appeal is disposed of as above.

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Sd/-

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C.T.RAVIKUMAR Judge

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Sd/-

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MURALI PURUSHOTHAMAN Judge

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TKS

Sree Sankara National Institute of Educational Trust v. State of Kerala

Case brief

What is this about?

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Sree Sankara National Institute of Educational Trust v. State of Kerala

Case brief

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What did the court decide?

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