Two writ appeals regarding non-extension of D.Pharm course approvals were withdrawn by the appellants. The High Court dismissed the appeals and declined liberty to approach the court again, advising challenges to future orders.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944
WA NO. 540 OF 2021
AGAINST THE JUDGMENT IN WP(C) 24415/2020 OF HIGH COURT OF KERALA
APPELLANT/3RD PETITIONER:
COCHIN COLLEGE OF ENGINEERING AND TECHNOLOGY
(NAME CHANGE APPLIED TO MGM COLLEGE OF ENGINEERING
AND PHARMACEUTICAL SCIENCES), ATHIPPATTA,
EDAYUR P.O, VALANCHERY, MALAPPURAM, PIN - 676 552
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
KUM.CHITHRA P.GEORGE
RESPONDENTS/PETITIONERS 1, 2 & 4/RESPONDENTS:
1MGM SILVER JUBILEE COLLEGE OF PHARMACY,
MGM TECHNOLOGICAL CAMPUS, KILIMANOOR,
PULIMATH P.O, THIRUVANANTHAPURAM - 695 612,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
2MGM COLLEGE OF PHARMACY,
MGM TECHNOLOGICAL CAMPUS, VILAYANCODE P.O,
PILATHARA, KANNUR - 670 501,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
3 MGM SILVER JUBILEE COLLEGE OF POLYTECHNIC AND PHARMACEUTICAL SCIENCES, PAMPAKUDA, ERNAKULAM DISTRICT, PIN - 686 667, REPRESENTED BY ITS EXECUTIVE DIRECTOR.4PHARMACY COUNCIL OF INDIA,
COMBINES COUNCIL’S BUILDING TEMPLE LANE,
ROTLE, DELHI 110 002,
REPRESENTED BY ITS REGISTRAR.
W.A.Nos.540 & 576 of 2021
2
5BOARD OF D. PHARM EXAMINATIONS,
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695 011,
REPRESENTED BY ITS CHAIRMAN.
BY ADV SHRI.S.MANU, DSG OF INDIA
SHRI K.P. HARISH SR. GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
29.11.2022, ALONG WITH WA.576/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
3
W.A.Nos.540 & 576 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA,
1944
WA NO. 576 OF 2021
AGAINST THE JUDGMENT IN WP(C) 24415/2020 OF HIGH COURT OF
KERALA
APPELLANT/4TH PETITIONER:
MGM SILVER JUBILEE COLLEGE OF POLYTECHNIC AND
PHARMACEUTICAL SCIENCES
PAMPAKUDA, ERNAKULAM DISTRICT, PIN - 686 667,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.J.VISHNU
RESPONDENTS/PETITIONERS 1 TO 3 & RESPONDENTS:
1 MGM SILVER JUBILEE COLLEGE OF PHARMACY MGM TECHNOLOGICAL CAMPUS, KILIMANOOR, PULIMATH P.O., THIRUVANANTHAPURAM - 695 612, REPRESENTED BY ITS EXECUTIVE DIRECTOR.2 MGM COLLEGE OF PHARMACY MGM TECHNOLOGICAL CAMPUS, VILAYANCODE P.O., PILATHARA, KANNUR - 670 501, REPRESENTED BY ITS EXECUTIVE DIRECTOR.3 COCHIN COLLEGE OF ENGINEERING AND TECHNOLOGY (NAME CHANGE APPLIED TO MGM COLLEGE OF ENGINEERING AND PHARMACEUTICAL SCIENCES), ATHIPPATTA, EDAYUR P.O., VALANCHERY, MALAPPURAM, PIN - 676 552, REPRESENTED BY ITS EXECUTIVE DIRECTOR.4
W.A.Nos.540 & 576 of 2021
4 PHARMACY COUNCIL OF INDIA, COMBINES COUNCIL’S BUILDING TEMPLE LANE, ROTLE, DELHI - 110 002, REPRESENTED BY ITS REGISTRAR.5 BOARD OF D.PHARM EXAIMATIONS, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011, REPRESENTED BY ITS CHAIRMAN.BY ADV SHRI.S.MANU, DSG OF INDIA
SRI. K.P. HARISH, SR. GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
29.11.2022, ALONG WITH WA.540/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
5
W.A.Nos.540 & 576 of 2021
JUDGMENT
Dated this the 29th day of November, 2022
S. Manikumar, C.J.
Before the writ court, petitioners in W.P.(C)No.24415 of 2020 have sought for the following reliefs:
vide judgment dated 27.01.2021 in W.P.(C)No.24415 of 2020,
ordered thus:
“17. By Ext.P1 decision taken by the Executive Committee of the PCI in its meeting held on 22.10.2020, the
W.A.Nos.540 & 576 of 2021
6
extension of approval for D.Pharm course in the 1st , 2nd and 3rd petitioner institutions, for the academic year 2020-21, was withheld for want of consent of affiliation from the 2nd respondent Examining Authority. In so far as the 4th petitioner institution is concerned, the approval for starting D.Pharm course for the academic year 2020-21 was withheld for want of consent of affiliation from the 2nd respondent Examining Authority. The 1st petitioner institution was granted Ext.P2 consent of affiliation by the 2nd respondent Examining Authority on 09.10.2020, which was never brought to the notice of the Executive Committee of the PCI, which met on 22.10.2020. In so far as the 2nd petitioner institution is concerned, Ext.P2(a) consent of affiliation of the 2nd respondent Examining Authority was obtained only on 03.11.2020. Since the 1st and 2nd petitioner institutions have already obtained consent of affiliation from the 2nd respondent Examining Authority, which were produced before the PCI along with Ext.P5 representation dated 04.11.2020, as Annexures A1 and A2, this Court is of the view that the request made by the said institutions for extension of affiliation for D.Pharm course, for the academic year 202021, requires reconsideration at the hands of the 1st respondent PCI. In so far as the 3rd petitioner institution is concerned, though approval was granted for D.Pharm course for the academic year 2019-20, they could not commence the course during that academic year, for want of consent of affiliation from the 2nd respondent Examining Authority. Even while making application for extension of approval for D.Pharm course for the academic year 2020-21, the 3rd petitioner could not secure consent of affiliation from the 2nd respondent Examining Authority. Till date, the 3rd petitioner has not obtained consent of affiliation from the 2nd respondent. Therefore, though the 3rd petitioner institution did not commence D.Pharm course during the academic year 2019-20, the application made by the said institution for continuation of approval for the academic year 2020-21 cannot be considered on the strength of the undertaking given to produce consent of affiliation of the 2nd respondent
W.A.Nos.540 & 576 of 2021
7
Examining Authority before making admission to D.Pharm course.
In such circumstances, this writ petition is disposed of by directing the Executive Committee of the PCI to reconsider the appeals dated 15.06.2020 filed by the 1st and 2nd petitioner institutions for extension of approval for conducting D.Pharm course for the academic year 2020-21, taking into consideration Exts.P2 and P2(a) consent of affiliation granted by the 2nd respondent Examining Authority and the appeal dated 15.06.2020 filed by the 4th petitioner institution for starting D.Pharm course for the academic year 2020-21, taking note of Ext.P17(e) undertaking given by that institution to produce consent of affiliation by the 2nd respondent Examining Authority before admitting students for D.Pharm course during that academic year.”
Being aggrieved, the 3rd petitioner in W.P.(C)No.24415 of 2020
filed W.A.No.540 of 2021 and the 4th petitioner in W.P. (C)No.24415 of 2020 filed W.A.No.576 of 2021.
W.A.Nos.540 & 576 of 2021
8
permission to withdraw the writ appeals with liberty to approach this court afresh.
9
W.A.Nos.540 & 576 of 2021
Placing on record the above memo, writ appeals are dismissed as withdrawn. However, liberty sought for to approach this court afresh is declined. If the appellants are aggrieved by any order to be passed subsequently by respondents 4 and 5, it is always open to them to challenge the same, if they so desire.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S. Manikumar Chief Justice
Sd/-
Shaji P. Chaly Judge
vpv
//true copy//
P.A. to Judge
Cochin College of Engineering and Technology
MGM Silver Jubilee College of Pharmacy
MGM College of Pharmacy
MGM Silver Jubilee College of Polytechnic and Pharmaceutical Sciences
Pharmacy Council of India
Board of D. Pharm Examinations
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court