Partly allowed

Ahalia International Foundation v. National Board of Examinations

Kerala HC4 Jan 2021WP(C)/9969/2020

Case brief

AI extract

What is this about?

Petitioner, an eye hospital foundation, sought inclusion for online counselling with enhanced post-intake and a declaration against delays in accreditation renewal. Court directed respondents to ensure Governing Council decides on intake enhancement by 31.03.2021.

What did the court decide?

Directed respondents to ensure Governing Council takes decision on enhancement of intake by 31.03.2021.

Ahalia International Foundation Vs National… — Pension and Retirement Benefits | 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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MONDAY, THE 04TH DAY OF JANUARY 2021/14TH POUSHA, 1942 WP(C).No.9969 OF 2020(U)

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PETITIONER:

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AHALIA INTERNATIONAL FOUNDATION, KOZHIPPARA.P.O, PALAKKAD-678557, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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

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RESPONDENT:

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NATIONAL BOARD OF EXAMINATIONS, ANSARI NAGAR, MAHATMA GANDHI MARG, (RING ROAD), NEW DELHI-110029, REPRESENTED BY THE DIRECTOR E-MAIL: [email protected]

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R1 BY ADV. SRI.S.SANAL KUMAR R1 BY ADV. SMT.BHAVANA VELAYUDHAN R1 BY ADV. SMT.T.J.SEEMA R1 BY ADV. SRI.S.SREEKUMAR (SR.)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.9969/2020

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J U D G M E N T

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Dated this the 4^th day of January, 2021

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The writ petition has been filed by the petitioner, which

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is a Foundation running eye hospital, seeking to direct the respondents to include the petitioner-institution among the institutions for online counselling for Post MBBS DNB and Post Diploma in DNB for the Academic Year 2020-'21 notifying the number of seats as applied by the petitioner. A further relief has been sought to declare that there is no justification in delaying a decision on renewal of accreditation with the increased intake as applied by the petitioner over the period of three years.

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Learned Standing Counsel for the respondents contested the writ petition filing statement.

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I have heard the learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.

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It is admitted by either side that as far as renewal of accreditation of existing courses with existing strength, there is no

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WP(C) No.9969/2020

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: 3 :

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subsisting grievance for the petitioner. The remaining grievance of the petitioner is as regards enhanced intake of students in the courses.

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The learned Standing Counsel for the respondents would submit that the Accreditation Committee of the respondents has already considered the application of the petitioner for enhancement of intake and gave its recommendation on 11.12.2020 to the Governing Council. The Governing Council will consider the recommendation of the Accreditation Committee and will be passing final orders in due course.

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In such circumstances, this Court finds that the writ petition can be disposed of directing the respondents to ensure that the Governing Council takes a decision in the matter of enhancement of the intake, as expeditiously as possible, at any rate, on or before 31.03.2021.

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Writ petition is ordered accordingly.

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Sd/-

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N. NAGARESH, JUDGE

aks/04.01.2021

WP(C) No.9969/2020

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE INITIAL ACCREDITATION DATED 14.07.2011 GRANTED BY THE RESPONDNET TO THE PETITONER COLLEGE.

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EXHIBIT P2 TRUE COPY OF THE ORDER DATED 31.10.2014 ISSUED BY THE RESPONDENT. EXHIBIT P3 TRUE COPY OF THE E-MAIL COMMUNICATION REG.NO.NBE/ACCR/GRANTED/2810226 DATED 31.01.2018 ISSUED TO THE PETITIONER HOSPITAL. EXHIBIT P4 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 13.03.2020 ISSUED FROM THE OFFICE OF THE RESPONDENT TO THE PETITIONER HOSPITAL. EXHIBIT P5 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 12.05.2020 ISSUED FROM THE OFFICE OF THE RESPONDENT TO THE PETITIONER HOSPITAL. EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 27.04.2020 ISSUED FROM THE OFFICE OF THE RESPONDENT. EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 01.05.2020 ISSUED BY THE RESPONDENT. EXHIBIT P8 TRUE COPY OF THE CLARIFICATIONS SOUGHT BY THE BOARD DATED 06.03.2018.

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EXHIBIT P9 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER ON EXHIBIT-P9 CLARIFICATIONS, DATED 21.03.2018.

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RESPONDENTS EXHIBITS:

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ANNEXURE R1(A) A TRUE COPY OF THE LETTER DATED 11.7.2020 ISSUED BY THE NBE

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WP(C) No.9969/2020

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: 5 :

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ANNEXURE R1(B) A TRUE COPY OF THE REPLY NBE APPOINTED SPECIALTY ASSESSOR, DATED 13-07-2020.

Ahalia International Foundation v. National Board of Examinations

Case brief

What is this about?

What did the court decide?

Ahalia International Foundation v. National Board of Examinations

Case brief

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What did the court decide?

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