Allowed

Hindustan College of Pharmacy v. State of Kerala

Kerala HC3 Dec 2021WP(C)/12297/2020

Case brief

AI extract

What is this about?

The Kerala High Court disposed of multiple writ petitions filed by pharmacy colleges. The State of Kerala and Director of Medical Education (DME) had refused affiliation and Centralised Allotment Process (CAP) registration due to non-issuance of a No Objection Certificate (NOC). The court held that without a statutory framework mandating affiliation procedures or NOC, the State cannot impose a bla

What did the court decide?

Directed the State of Kerala and the Director of Medical Education to grant NOC and affiliation to the D.Pharm courses of the petitioners for the academic years 2019-20 and 2020-21, while reserving th

Hindustan College of Pharmacy Vs State of Kerala — Education and Admissions | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

FRIDAY, THE 3^RD DAY OF DECEMBER 2021/12TH AGRAHAYANA, 1943

¶5

WP(C) NO. 18105 OF 2019

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PETITIONER:

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NOORUL ISLAM TRUST REPRESENTED BY ITS CHAIRMAN, AL-AZAR CAMPUS, PERUMPILLY CHIRA P.O, THODUPUZHA.

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BY ADVS. KURIAN GEORGE KANNANTHANAM (SR.) SRI.P.M.SANEER SRI.TONY GEORGE KANNANTHANAM

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001.

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2 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O, TRIVANDRUM-695001.

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3 THE CHAIRMAN, BOARD OF D. PHARM EXAMS, DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O, TRIVANDRUM-695001.

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4 LBS CENTRE FOR SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS CHAIRMAN, NANDAVANAM, PALAYAM, TRIVANDRUM-695033.

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BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER SMT.SHAMEENA SALAHUDHEEN, SC FOR LBS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).6935/2021, 6934/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18105/2019 & Connected Cases

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: 2 :

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶19

PRESENT

¶20

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶21

FRIDAY, THE 3^RD DAY OF DECEMBER 2021/12TH AGRAHAYANA, 1943 WP(C) NO. 23822 OF 2019

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PETITIONER:

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THE GENERAL SECRETARY XINDIRA GANDHI MEMORIAL TRUST, NELLIKKUZHI P.O, KOTHAMANGALAM 686 691

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BY ADVS. KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.P.M.SANEER

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001

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2 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O, TRIVANDRUM 695 001

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3 THE CHAIRMAN, BOARD OF D. PHARM EXAMS, DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O, TRIVANDRUM 695 001

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4 LBS CENTRE FOR SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS CHAIRMAN, NANDAVANAM, PALAYAM, TRIVANDRUM 695 033

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BY ADV SMT.SHAMEENA SALAHUDHEEN, SC FOR LBS SRI.P.G.PRAMOD, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).18105/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18105/2019 & Connected Cases

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: 3 :

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶35

PRESENT

¶36

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶37

FRIDAY, THE 3^RD DAY OF DECEMBER 2021/12TH AGRAHAYANA, 1943 WP(C) NO. 25748 OF 2019

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PETITIONER:

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HOLY GRACE FOUNDATION

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REP. BY ITS SECRETARY, KURUVILASSERY.P.O., MALA, THRISSUR DISTRICT, PIN-680735.

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BY ADVS. S.KRISHNAMOORTHY SMT.NITHYA SUGUNAN SHRI.JESUDASAN K X

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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3 THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN-695001.

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4 THE DIRECTOR, LBS CENTRE FOR SCIENCE AND TECHNOLOGY, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN-695033.

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BY ADV SMT.SHAMEENA SALAHUDHEEN, SC FOR LBS SRI.P.G.PRAMOD, GOVERNMENT PLEADER

¶48

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).18105/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18105/2019 & Connected Cases

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: 4 :

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶52

PRESENT

¶53

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶54

FRIDAY, THE 3^RD DAY OF DECEMBER 2021/12TH AGRAHAYANA, 1943 WP(C) NO. 12297 OF 2020

¶55

PETITIONER:

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HINDUSTAN COLLEGE OF PHARMACY REP.BY ITS CHAIRMAN, CHENAPADI P.O., KANJIRAPALLY, KOTTAYAM-686509.

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BY ADVS. S.KRISHNAMOORTHY SMT.NITHYA SUGUNAN SHRI.JESUDASAN K X

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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

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3 BOARD OF D.PHARM EXAMINATION, REP. BY ITS CHAIRMAN, DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

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BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).18105/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18105/2019 & Connected Cases

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: 5 :

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶68

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶69

FRIDAY, THE 3^RD DAY OF DECEMBER 2021/12TH AGRAHAYANA, 1943 WP(C) NO. 6934 OF 2021

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PETITIONER:

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NOORUL ISLAM TRUST REPRESENTED BY ITS CHAIRMAN, AL-AZHAR CAMPUS, PERUMPILLYCHIRA P.O., THODUPUZHA.

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

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001.

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2 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., TRIVANDRUM-695001.

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3 THE CHAIRMAN, BOARD OF D.PHARM EXAMS, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., TRIVANDRUM695001.

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4 LBS CENTRE FOR SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS CHAIRMAN, NANDAVANAM, PALAYAM, TRIVANDRUM-695033.

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BY ADV SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE FOR SCIENCE AND TECHNOLOGY SRI.P.G.PRAMOD, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).18105/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18105/2019 & Connected Cases

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: 6 :

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶83

PRESENT

¶84

THE HONOURABLE MR.JUSTICE N.NAGARESH

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FRIDAY, THE 3^RD DAY OF DECEMBER 2021/12TH AGRAHAYANA, 1943 WP(C) NO. 6935 OF 2021

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PETITIONER:

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THE GENERAL SECRETARY INDIRA GANDHI MEMORIAL TRUST, NELLIKKUZHI P.O., KOTHAMANGALAM-686 691.

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BY ADVS. P.M.SANEER

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SRI.TONY GEORGE KANNANTHANAM

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OFHEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

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2 THE DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE P.O., TRIVANDRUM-695 001.

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3 THE CHAIRMAN BOARD OF D.PHARM EXAMS, DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., TRIVANDRUM-695 001.

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4 LBS CENTRE FOR SCIENCE AND TECHNOLOGY REPRESENTED BY ITS CHAIRMAN, NANDAVANAM, PALAYAM, TRIVANDRUM-695 033.

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BY ADV SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE FOR SCIENCE AND TECHNOLOGY SRI.P.G.PRAMOD, GOVERNMENT PLEADER

¶96

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).18105/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18105/2019 & Connected Cases

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: 7 :

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶101

THE HONOURABLE MR.JUSTICE N.NAGARESH

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FRIDAY, THE 3^RD DAY OF DECEMBER 2021/12TH AGRAHAYANA, 1943 WP(C) NO. 22673 OF 2021

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PETITIONER:

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HINDUSTAN COLLEGE OF PHARMACY REP. BY ITS CHAIRMAN, CHENAPADI P.O., KANJIRAPALLY, KOTTAYAM - 686 509.

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BY ADVS.

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S.KRISHNAMOORTHY SNEHA ROSE

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RESPONDENT:

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

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2 THE DIRECTOR OF MEDICAL EDUCATION DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695 001.

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3 BOARD OF D.PHARM EXAMINATION REP. BY ITS CHAIRMAN, DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

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BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).18105/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18105/2019 & Connected Cases

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N. NAGARESH, J.

W.P.(C) Nos.18105, 23822 & 25748 of 2019, 12297 of 2020 and 6934, 6935 & 22673 of 2021

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Dated this the 3^rd day of December, 2021

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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In all these writ petitions, the petitioners are Institutions/Trusts running Pharmacy Colleges, imparting B.Pharm and D.Pharm Courses. The issue involved in these writ petitions is as regards non-issuance of No Objection Certificate (NOC) by the State of Kerala for the D.Pharm Courses of the petitioners and consequential refusal by the Director of Medical Education, the examining body, to affiliate the D.Pharm Courses of the petitioners, which in turn ousted the Colleges from the Centralised Allotment Process (CAP) conducted by the LBS Centre for Science and Technology on behalf of the Government of Kerala and the Director of

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Medical Education (DME).

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WP(C) No.18105/2019 & Connected Cases : 9 :

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The academic years in issue are 2019-'20 and 2020-'21. When these writ petitions came up for admission, this Court passed interim orders directing that the petitionersColleges be included in the Centralised Allotment Process and to register the students in the petitioners-Colleges for the D.Pharm Courses for the academic years provisionally and pending disposal of the writ petitions.

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The All India Council for Technical Education (AICTE) has granted approval for the D.Pharm Courses conducted by the petitioners for the relevant academic years. The Pharmacy Council of India has also granted approval. The approval is granted after due inspection of the institutions and after ascertaining that the petitioners-Colleges have requisite infrastructure, faculty and other mandatory requirements as laid down by the PCI. However, the DME did not grant affiliation to the D.Pharm Courses and insisted for an NOC from the State Government as a condition for affiliation.

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The Board of D.Pharm Examinations under the

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DME has addressed a Circular No.B7/6160/2021/DME dated

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30.09.2021 (Ext.P8 in WPC No.22673/2021) to the Principals

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of the Medical & Pharmacy Colleges requiring to submit the following documents for registration of D.Pharm students for the 2020 Admission:

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“1. List of whole candidates concerned in alphabetic order.

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SSLC & Plus Two certificates (Both Original) of whole candidates, neatly filed in alphabetic order.

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Fee chalan receipts for the whole candidates.

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Copy of consent of affiliation from the Examining authority for the D.Pharm course in your institution.

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Copy of approval letter from PCI for the conduct of D.Pharm course in your institution for the year 2020-2021.

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Copy of NOC from the Government of Kerala for starting the D.Pharm course in your institution.”

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The petitioners are aggrieved by the insistence on NOC from the Government of Kerala for starting D.Pharm Course.

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The petitioners contend that insistence on NOC from State Government is uncalled for. A similar demand for NOC raised by the Kerala University of Health Sciences for affiliation of B.Pharm Course was found to be untenable by this Court in the judgment in WP(C) No.17685/2018 (Ext.P3 in

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WP(C) No.12297/2020). The DME has to conduct inspection of the Colleges and complete the process of affiliation of the D.Pharm Course. For the said purpose, an NOC from the State Government is not a legal requirement, contended the petitioners.

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The State of Kerala adopted their statement filed in WP(C) No.9264/2020 to defend the writ petitions. According to the State of Kerala, approval by Pharmacy Council of India (PCI) is only a permission granted to the petitioners to approach the State Board of Pharmacy Education, which is the affiliating and examining body. In Parshwanath Charitable Trust and others v. AICTE and others [(2013) 3 SCC 385] , the Apex Court had fixed the schedule under which the Central Regulatory Authority and the affiliating body shall grant letter of approval/affiliation for technical courses which include Pharmacy also. As per the said schedule, affiliation is to be granted to an institution by 15^th of May and consequent schedule of admission including the commencement of classes is also prescribed. Admission of the students made by

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the petitioners without obtaining affiliation, is irregular.

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In the statement filed in WP(C) No.18105/2019, it

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has been stated that the Government feels that there is a proliferation of institutions imparting B.Pharm and D.Pharm Courses in the State. This has resulted in unemployment of Degree / Diploma holders in Pharmacy. The DME has reported to the Government that there is no need of new institutions imparting courses in Pharmacy at present and the Pharmacy education sector is saturated with institutions.

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I have heard the learned counsel for the petitioners, the learned Government Pleader representing the State of Kerala and the DME and the learned Standing Counsel appearing for the LBS Centre for Science and Technology.

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The issue arising for consideration is whether the affiliating body for D.Pharm Courses in the State, namely the DME, can refuse to affiliate the D.Pharm Courses offered to the petitioners for the reason that the Government has not issued NOC and whether in the absence of affiliation, the petitioners-Colleges can be kept out of the Common Allotment

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WP(C) No.18105/2019 & Connected Cases : 13 :

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Process conducted by the LBS Centre.

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As far as B.Pharm Degree Courses in Kerala are concerned, the Kerala University of Health Sciences is the affiliating and examining body whereas for the D.Pharm Courses, the DME is the affiliating and examining body. The question whether prior NOC from the State Government is necessary for the Pharmacy Council of India to give approval to B.Pharm Courses conducted in the State, came up for consideration in WP(C) No.15525/2018 and connected cases. In the said cases, the Government Pleader submitted that to stop mushrooming of Colleges, the Government has taken a policy decision not to permit new courses and that no admission can be made without the affiliation of the examining body.

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The Division Bench of this Court which heard the said cases noted that no rule or regulation which mandates the respective Colleges to obtain affiliation and procedure to be adopted to obtain affiliation, was brought to the notice of the Court. But, the Colleges were requesting NOC of the

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Government and the Government has also issued permission to 20 Colleges. The Division Bench of this Court found that since there is no mechanism or procedure in place for grant of affiliation, the Government cannot contend that the Colleges should have obtained affiliation prior to making allotment process.

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As regards the defence of the DME and the Government that the policy is to prevent mushrooming of Colleges, the Division Bench has held that there is no such policy and even if there is such a policy, the State cannot have a blanket ban on establishment of new Colleges/courses unless it is regulated by a law as envisaged by Article 13(3)(a) of the Constitution of India and amounts to reasonable restriction within the framework of Article 19(6). Accordingly, the Division Bench quashed the orders passed by the respondents denying NOC. It is therefore clear that in the absence of a statutory framework, the State cannot deny NOC for affiliation to the petitioners-Colleges on the basis of the alleged policy decision. This Court has also held that the

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Government cannot contend that the Colleges should have obtained affiliation prior to making allotment process.

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In WP(C) No.15525/2018 and connected cases,

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this Court considered the question whether prior approval of the Pharmacy Council of India is required to offer a B.Pharm Program and whether grant of such approval can depend upon NOC to be issued by the Government. The learned Single Judge held in the judgment that prior approval of the Pharmacy Council is required to offer B.Pharm Program and the grant of approval cannot be dependent on NOC to be issued by the Government.

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In view of the law laid down by this Court in the judgment in WP(C) No.14618/2020 and connected cases and in WP(C) No.15525/2018 and connected cases, it emerges that the petitioners can offer D.Pharm Courses with the prior approval of the PCI. The State cannot have a blanket ban on establishment of new Pharmacy Colleges/courses unless it is regulated by law. As long as there is no mechanism or procedure in place for grant of affiliation to Pharmacy courses,

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the State cannot contend that the petitioners-Colleges should have obtained affiliation prior to making allotment process.

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The learned Government Pleader contended that

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though the PCI gives its approval to the D.Pharm courses after due verification, it may happen that the Colleges run short of faculties and may lag in other essential infrastructural and other requirements, in the course of time and the Government has power to inspect the petitioners-Colleges to ensure that the Colleges are maintaining the standards prescribed. The respondents indeed have such powers. But, approval cannot be denied to the petitionersColleges/Courses for any reason which does not have the support of any law or rules or regulations statutorily made.

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In the circumstances, the writ petitions are disposed of directing the State of Kerala and the Director of Medical Education to grant NOC and affiliation to the D.Pharm Courses of the petitioners for the academic years 2019-'20 and 2020-'21. It is made clear that the State of Kerala will be entitled to cause inspection of the petitioners-Colleges for the

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purpose of NOC/affiliation to the D.Pharm Courses of the petitioners for the ensuing academic years and if any deficiencies are noted, to bring the deficiencies to the notice of the petitioners and grant reasonable time to the petitioners to make good the deficiencies, for the purpose of approval and affiliation in the ensuing academic years.

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Sd/- N. NAGARESH, JUDGE

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aks/01.12.2021

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APPENDIX OF WP(C) 18105/2019

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PETITIONER'S EXHIBITS

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EXHIBIT	P1 TRUE COPY 02.11.2018 HON'BLE CO	OF IN WPC URT.	THE JUDGMENT DATED NO.24132/2018 OF THIS
EXHIBIT	P2 TRUE COPY 06.12.2018 HON'BLE CO	OF IN WA URT.	THE JUDGMENT DATED NO.2364/2018 OF THIS
EXHIBIT	P3 TRUE COPY	OF THE	RELEVANT PAGES OF THE
	ANNEXURE-1 CENTRAL CO	8 OF UNCIL.	ITEM NO.763 OF 106
EXHIBIT	P4 TRUE COPY ISSUED BY	OF THE THE AIC	ORDER DATED 18.06.2019 TE.
EXHIBIT	P5 TRUE COPY 20.06.2019 1ST RESPON	OF THE FROM DENT.	REPRESENTATION DATED THE PETITIONER TO THE
EXHIBIT	P6 TRUE COPY 20.06.2019 2ND RESPON	OF THE FROM DENT.	REPRESENTATION DATED THE PETITIONER TO THE
EXHIBIT	P7 TRUE COPY 20.06.2019 3RD RESPON	OF THE FROM DENT.	REPRESENTATION DATED THE PETITIONER TO THE
EXHIBIT	P8 COPY OF NO	TIFICAT	ION DT 20.9.2019
EXHIBIT	P9 COPY OF PU	BLIC NO	TICE DT 21.9.2019.

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WP(C) No.18105/2019 & Connected Cases

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: 19 :

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APPENDIX OF WP(C) 23822/2019

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 30-04-2019 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION EXHIBIT P2 TRUE COPY OF THE PRINT OUT OF RELEVANT PORTION OF THE MINUTES DECISION OF THE PCI (18-04-2019) EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 3-52019 SUBMITTED TO THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 3-5-2019 TO THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 26-62019 IN WP(C) NO. 15823/19 OF THIS HON.COURT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 8-8-2019 OF THE JOINT DIRECTOR (M) OF MEDICAL EDUCATION, KERALA EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 9--72019 IN W.A NO. 1485/2019 OF THIS HON. COURT.

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APPENDIX OF WP(C) 25748/2019

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE APPROVAL LETTER ISSUED BY AICTE. EXHIBIT P2 TRUE COPY OF RELEVANT PORTION IN THE MINUTES OF THE EXECUTIVE COMMITTEE OF THE PHARMACY COUNCIL HELD ON 20.5.2019. EXHIBIT P3 TRUE COPY OF THE SAID JUDGMENT IN WA.NO.1487/2019 DATED 9.7.2019. EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED TO THE 3RD RESPONDENT DATED 15.7.19. EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED TO THE 2ND RESPONDENT DATED 2.8.2019. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC.NO.22109/2019 DATED 2.9.2019. EXHIBIT P7 TRUE COPY OF THE PROSPECTUS APPROVED AND ISSUED BY THE 2ND RESPONDENT DATED 19.9.2019. EXHIBIT P8 TRUE COPY OF THE PUBLICATION ISSUED BY THE 4TH RESPONDENT DATED 21.9.2019.

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APPENDIX OF WP(C) 12297/2020

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE APPROVAL ORDER DATED 25.04.2019. EXHIBIT P2 TRUE COPY OF THE ORDER OF THE PHARMACY COUNCIL DATED 10.06.2019. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP 17685/2018 DATED 08.02.2019. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 27.09.2019 N W.P(C)NO.25775/2019. EXHIBIT P5 TRUE COPY OF ONE OF SUCH ALLOTMENT MEMO ISSUED TO ONE MR.PRIYANKA NATH P.R. EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 217.02.2020 SUBMITTED BY THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE LATEST REQUEST GIVEN BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.6.2020. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 15.06.2020 ISSUED BY THE 3RD RESPONDENT TO THE PRINCIPALS OF OTHER COLLEGES.

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: 22 :

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APPENDIX OF WP(C) 6934/2021

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PETITIONER'S EXHIBITS

¶194

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 2.11.2018 IN WP(C) NO.24132/18 OF THIS HON. COURT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 6.12.2018 IN W.A.NO.2364/2018 OF THIS HON. COURT. EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.18105/2019 DATED 24.9.2019. EXHIBIT P4 A COPY OF THE DECISION LETTER/APPROVAL DATED 10.4.2020 OF PHARMACY COUNCIL OF INDIA. EXHIBIT P5 A COPY OF THE EXTENSION OF APPROVAL ORDER DATED 30.4.2020 OF ALL INDIA COUNCIL FOR TECHNICAL EDUCATION. EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION NO.AACP/ACC/DME/01/2021 DATED 9.2.2021 ALONG WITH COPY OF THE BANK GUARANTEE. EXHIBIT P7 A TRUE COPY OF THE GOVERNMENT ORDER NO.118/K2/2020/H&FWD DATED 15.2.2021 ALONG WITH RELEVANT PAGES OF THE APPROVED INSTITUTIONS IN D PHARM. EXHIBIT P8 A TRUE COPY OF THE GOVERNMENT GO NO(RT)NO.655/2021/H&FWD DATED 10.3.2021 WITHOUT ANNEXURES, ISSUED BY THE 1ST RESPONDENT. EXHIBIT P9 A TRUE COPY OF THE STATE LEVEL PUBLICATION NO.B9/4125/2020 ISSUED BY THE 4TH RESPONDENT DATED 13.3.2021.

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WP(C) No.18105/2019 & Connected Cases

¶196

: 23 :

¶197

APPENDIX OF WP(C) 6935/2021

¶198

PETITIONER'S EXHIBITS

¶199

EXHIBIT P1	A TRUE COPY OF THE ORDER	DATED
	30.4.2020 OF THE AICTE GR APPROVAL.	ANTING
EXHIBIT P2	A TRUE COPY OF THE PCI GR APPROVAL DATED 10.4.2020.	ANTING
EXHIBIT P3	A TRUE COPY OF THE REPRESEN PRODUCED BEFORE THE GOVERNMENT 3.5.2019.	TATION DATED
EXHIBIT P4	A TRUE COPY OF THE REPRESEN PRODUCED BEFORE THE 2ND RESPONDE 3.5.2019.	TATION NT ON
EXHIBIT P5	A TRUE COPY OF THE JUDGMENT 26.6.2019 IN WPC NO.15823/2019 OF HONOURABLE COURT.	DATED THIS
EXHIBIT P6	A TRUE COPY OF THE INTERIM ORDER 24.9.2019 ON WPC NO.23822/2019.	DATED
EXHIBIT P7	A TRUE COPY OF THE REPRESENTATIO THE PRINCIPAL BEFORE THE RESPONDENT, DATED 8.8.2020.	NS BY 4TH
EXHIBIT P8	A TRUE COPY OF THE REPRESENTATION 11.8.2020 GIVEN BY THE PRINCIPAL 2ND RESPONDENT.	DATED TO THE
EXHIBIT P9	A TRUE COPY OF THE BANK GUARANTEE 7.1.2020 GIVEN TO THE 2ND RESPOND	DATED ENT.
EXHIBIT P10	A TRUE COPY OF THE REPLY T COMMUNICATION BY PRINCIPAL TO TH RESPONDENT DATED 27.2.2020.	O THE E 2ND
EXHIBIT P11	A TRUE COPY OF THE GOVERNMENT DATED 15.2.2021 ALONG WITH RE PAGES OF THE APPROVED INSTITUTION PHARM.	ORDER LEVANT S IN D
EXHIBIT P12	A TRUE COPY OF THE GOVERNMENT DATED 10.3.2021 WITHOUT ANNEXURES	ORDER .
EXHIBIT P13	A TRUE COPY OF THE STATE	LEVEL
	PUBLICATION ISSUED BY THE RESPONDENT DATED 13.3.2021.	4TH

¶200

WP(C) No.18105/2019 & Connected Cases

¶201

: 24 :

¶202

APPENDIX OF WP(C) 22673/2021

¶203

PETITIONER'S EXHIBITS

¶204

Exhibit P1	TRUE	COPY OF THE	ORDER OF THE PHARMACY
	COUNC	IL OF INDIA	DT. 10/4/2020.
Exhibit P2	TRUE	COPY OF	THE JUDGMENT IN WP
	17685 HIGH	/2018 DT. 8 COURT.	/2/2019 OF THE HON'BLE
Exhibit P3	TRUE 27/9/ HON'B	COPY OF T 2019 IN WP(C LE HIGH COUR	HE INTERIM ORDER DT. ) NO.25775/2019 OF THE T.
Exhibit P4	TRUE AFFIL THE 2	COPY OF IATION DATE ND RESPONDEN	THE CERTIFICATE OF D 7/12/2020 ISSUED BY T.
Exhibit P5	TRUE ISSUE	COPY OF THE D BY THE 2ND	LETTER DATED 2/11/2020 RESPONDENT.
Exhibit P6	TRUE SUBMI	COPY OF THE TTED BY THE	LETTER DATED 4/11/2020 PETITIONER.
Exhibit P7	TRUE WP(C) COURT	COPY OF THE NO.12297/20 .	ORDER DT. 3/7/2020 IN 10 OF THE HON'BLE HIGH
Exhibit P8	TRUE ISSUE	COPY OF THE D BY 3RD RES	LETTER DATED 30/9/2021 PONDENT.
Exhibit P9	TRUE	COPY OF THE	LATEST OF THE LETTER
	ISSUE 30/10	D BY THE /2021	2ND RESPONDENT DATED
Exhibit P10	TRUE ISSUE	COPY OF THE D BY THE 1ST	ORDER DATED 28/10/2019 RESPONDENT

Hindustan College of Pharmacy v. State of Kerala

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Hindustan College of Pharmacy v. State of Kerala

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