Petitioner college sought direction to include it in the D.Pharm allotment list. Court held petition premature as responsible departments had not yet forwarded the final list, but directed respondents to include petitioner if statutory requirements were met.
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 N.NAGARESH
FRIDAY, THE 05TH DAY OF FEBRUARY 2021/16TH MAGHA,1942
WP(C).No.2318 OF 2021(L)
PETITIONER:
HINDUSTAN COLLEGE OF PHARMACY REP. BY ITS CHAIRMAN, CHENAPADI P.O., KANJIRAPALLY, KOTTAYAM-686 509.
BY ADVS. SRI.S.KRISHNAMOORTHY SMT.NITHYA SUGUNAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY , DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR, DIRECTORATEOF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN-695 001.
GOVERNMENT PLEADER SMT. DEEPA NARAYANAN R3 BY ADV. SMT.SHAMEENA SALAHUDHEEN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 5th day of February, 2021
The petitioner institution is a Pharmacy College. The petitioner is before this Court seeking to direct the 3rd respondent to include the name of the petitioner institution also in the list of allotment for D.Pharm course for the academic year 2020-21 along with other colleges.
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WP(C)No.2318/2021
Courses also in the allotment list of Entrance Commissioner.
also in the D.Pharm Course and allotment process for academic year 2020-21. Still the petitioner is not included in the list.
who are included in the list yet to be provided by respondents 1 and 2. In the circumstances, the 3rd respondent cannot state now whether the petitioner's College will be included in the Prospectus since it will be the decision of respondents 1 and 2.
would submit that the respondents have not prepared the list of eligible colleges to be forwarded to the 3rd respondent and
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therefore the writ petition is pre-mature. The learned counsel for the petitioner on the other hand would submit that once respondents 1 and 2 forward the list to the 3rd respondent without including the name of the petitioner college, the allotment will be done within a short period of 24 hours and students will not be able to opt for the petitioner college.
The writ petition is accordingly disposed of.
Sd/- N. NAGARESH JUDGE
ncd/05.02.2021
WP(C)No.2318/2021
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPROVAL GIVEN PCI DATED 10.06.2019. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE/CONSENT AFFILIATION DATED 7.12.2020.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30.06.2020 IN W.P.C NO. 9264/2020.
EXHIBIT P4 TRUE COPY OF THE REQUEST BEFORE THE 3RD RESPONDENT DATED 9.12.2021.
EXHIBIT P5 TRUE COPY OF THE APPROVAL ORDER DATED 10.04.2020 FOR THE ACADEMIC YEAR 202021 ISSUED BY THE PCI
2 issues framed by the court
Whether the petitioner institution is entitled to be included in the allotment list for D.Pharm course admission.
Whether the writ petition is premature given that the list of eligible colleges has not yet been finalized by respondents 1 and 2.
Hindustan College of Pharmacy
State of Kerala
Director, Directorate of Medical Education
L.B.S. Centre for Science and Technology
N. Nagareth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
