Disposed

Hindustan College of Pharamacy v. State of Kerala

Kerala HC8 Dec 2021WP(C)/9264/2020

Case brief

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What is this about?

The High Court disposed of a writ petition filed by an educational institution aggrieved by the demand for an Essentiality Certificate. The Court directed that the judgment and directions in WP(C) No. 12297/2020 and connected cases would enure to the benefit of the petitioner.

What did the court decide?

Petitioner is granted benefit of judgment and directions in WP(C) No. 12297/2020 and connected cases.

Hindustan College of Pharamacy Vs State of Kerala — 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 N.NAGARESH

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WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021/17TH AGRAHAYANA, 1943

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WP(C) NO. 9264 OF 2020

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PETITIONER:

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HINDUSTAN COLLEGE OF PHARAMACY 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 PRINCIPAL SECRETRY 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 COMMISSIONER FOR ENTRANCE EXAMINATION OFFICE OF THE COMMISSIONER FOR EXAMINATION, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695001

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5 KERALA UNIVERSITY OF HEALTH SCIENCES, REP BY ITS REGISTRAR, MEDICAL COLLEGE.P.O, THRISSUR-680596

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BY SMT.VINITHA B, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.9264/2020

: 2 :

N. NAGARESH, J.

W.P.(C) No.9264 of 2020 G

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Dated this the 8^th day of December, 2021

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioner, an educational institution

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conducting B.Pharm and D.Pharm Courses, filed this writ petition aggrieved by the action of the respondents in demanding Essentiality Certificate issued by the State Government, for including the petitioner-institution in the common allotment process.

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On 30.06.2020, this Court passed an interim order

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in the writ petition directing respondents 3 and 4 to include

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the petitioner in the list of allotment of students for B.Pharm

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W.P.(C) No.9264/2020

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: 3 :

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and D.Pharm Courses in the allotment process and to include in the prospectus for the academic year 2020-'21 provisionally, pending final disposal of the writ petition.

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When this writ petition is taken up today for hearing, the learned counsel for the petitioner submitted that in WP(C) No.12297/2020 and connected cases, the issue raised by the petitioners was the same and this Court disposed of those writ petitions with certain directions. The petitioner herein may also be granted similar reliefs.

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WP(C) No.12297/2020 and connected cases were

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disposed of by this Court with the following directions:-

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“In the circumstances, the writ petitions are disposed of directing the State of Kerala and the DME 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 petitionersColleges for the 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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W.P.(C) No.9264/2020

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: 4 :

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In view of the above, this writ petition is disposed

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of declaring that the judgment and the directions contained in WP(C) No.12297/2020 and connected cases, will enure to

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the benefit of the petitioner in this writ petition also.

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Sd/-

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N. NAGARESH, JUDGE

aks/09.12.2021

W.P.(C) No.9264/2020

: 5 :

APPENDIX OF WP(C) 9264/2020

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PETITIONER'S EXHIBITS

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EXHIBIT P1	TRUE COPY OF TH APPROVAL ORDER DATED
	30.4.2018 ISSUED BY THE AICTE FOR THE ACADEMIC YEAR 2018-19
EXHIBIT P2	TRUE COPY OF AGENDA ITEMS OF THE
	EXECUTIVE COMMITTEE MEETING HELD ON 16.3.2018
EXHIBIT P3	TRUE COPY OF THE JUDGMENT IN WP(C)NO.17685/2018 DATED 08.2.2019 OF THE HON'BLE COURT
EXHIBIT P4	TRUE COPY OF THE AFFILIATION ORDER
	DATED 31.07.2018 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P5	TRUE COPY OF THE APPROVAL ORDER DATED 25.04.2019 ISSUED BY THE AICTE
EXHIBIT P6	TRUE COPY OF THE LETTER OF APPROVAL ISSUED BY THE PHARMACY COUNCIL OF INIDA 10.06.2019
EXHIBIT P7	TRUE COPY OF THE AFFILIATION ORDER DATED 20.08.2019
EXHIBIT P8	TRUE COPY OF THE RELEVANT PORTION OF THE PROSPECTUS 2020-21 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P9	JUDGMENT DATED 13.08.2019 IN WA NO.1686/2019 OF THE HON'BLE COURT
EXHIBIT P10	TRUE COPY OF THE REQUEST MADE BEFORE THE 3RD RESPONDENT DATED 27.02.2020
EXHIBIT P11	TRUE COPY OF THE REPRESENTATION DATED 06.3.2020 SUBMITTED BY THE PETITIONER

Hindustan College of Pharamacy v. State of Kerala

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Hindustan College of Pharamacy v. State of Kerala

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