Dismissed

Mgm Silver Jubilee College of Polytechnic and Pharmaceutical Sciences v. Mgm Silver Jubilee College of Pharmacy

Kerala HC29 Nov 2022WA/576/2021

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed two writ appeals filed by pharmacy colleges challenging the non-extension of D.Pharm course approval, accepting the appellants' request to withdraw the appeals with liberty to approach the court afresh, though the liberty was ultimately declined in the order.

What did the court decide?

Writ appeals dismissed as withdrawn; liberty to approach the court afresh declined.

Mgm Silver Jubilee College of Polytechnic and… — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944

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WA NO. 540 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 24415/2020 OF HIGH COURT OF KERALA

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APPELLANT/3RD PETITIONER:

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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.

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BY ADVS.
GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
KUM.CHITHRA P.GEORGE

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RESPONDENTS/PETITIONERS 1, 2 & 4/RESPONDENTS:

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1MGM SILVER JUBILEE COLLEGE OF PHARMACY,
MGM TECHNOLOGICAL CAMPUS, KILIMANOOR,
PULIMATH P.O, THIRUVANANTHAPURAM - 695 612,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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2MGM COLLEGE OF PHARMACY,
MGM TECHNOLOGICAL CAMPUS, VILAYANCODE P.O,
PILATHARA, KANNUR - 670 501,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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3 MGM SILVER JUBILEE COLLEGE OF POLYTECHNIC AND PHARMACEUTICAL SCIENCES, PAMPAKUDA, ERNAKULAM DISTRICT, PIN - 686 667, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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4PHARMACY COUNCIL OF INDIA,
COMBINES COUNCIL’S BUILDING TEMPLE LANE,
ROTLE, DELHI 110 002,
REPRESENTED BY ITS REGISTRAR.

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W.A.Nos.540 & 576 of 2021

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5BOARD OF D. PHARM EXAMINATIONS,
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695 011,
REPRESENTED BY ITS CHAIRMAN.

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BY ADV SHRI.S.MANU, DSG OF INDIA
SHRI K.P. HARISH SR. GP

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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:

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W.A.Nos.540 & 576 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA,

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WA NO. 576 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 24415/2020 OF HIGH COURT OF

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KERALA

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APPELLANT/4TH PETITIONER:

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MGM SILVER JUBILEE COLLEGE OF POLYTECHNIC AND
PHARMACEUTICAL SCIENCES

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PAMPAKUDA, ERNAKULAM DISTRICT, PIN - 686 667,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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BY ADVS.

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GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.J.VISHNU

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RESPONDENTS/PETITIONERS 1 TO 3 & RESPONDENTS:

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1 MGM SILVER JUBILEE COLLEGE OF PHARMACY MGM TECHNOLOGICAL CAMPUS, KILIMANOOR, PULIMATH P.O., THIRUVANANTHAPURAM - 695 612, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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2 MGM COLLEGE OF PHARMACY MGM TECHNOLOGICAL CAMPUS, VILAYANCODE P.O., PILATHARA, KANNUR - 670 501, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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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.

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W.A.Nos.540 & 576 of 2021

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4 PHARMACY COUNCIL OF INDIA, COMBINES COUNCIL’S BUILDING TEMPLE LANE, ROTLE, DELHI - 110 002, REPRESENTED BY ITS REGISTRAR.

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5 BOARD OF D.PHARM EXAIMATIONS, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011, REPRESENTED BY ITS CHAIRMAN.

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BY ADV SHRI.S.MANU, DSG OF INDIA
SRI. K.P. HARISH, SR. GP

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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:

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W.A.Nos.540 & 576 of 2021

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JUDGMENT

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Dated this the 29^th day of November, 2022

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S. Manikumar, C.J.

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Before the writ court, petitioners in W.P.(C)No.24415 of 2020 have sought for the following reliefs:

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“A. Declare that the consent of the Examining Authority cannot be insisted in respect of petitioners 3 & 4 for extension of approval as the colleges did not commence the D.Pharm Course for the previous academic year and issue a writ of mandamus or such other appropriate writ or order commanding the respondents not to insist on the consent of the Examining Authority for extension of Approval for the academic year 2020-2021.

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B. Issue a writ of mandamus or such other appropriate writ or order commanding the 1^st respondent to consider Ext.P5 and grant the requisite approval for the D.Pharm course to enable the petitioner colleges to commence the course at the earliest.

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C. Direct the 1^st respondent to pass orders on Ext.P5 within a period prescribed by this Hon’ble Court.”

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After considering the rival submissions, writ court,

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vide judgment dated 27.01.2021 in W.P.(C)No.24415 of 2020,

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ordered thus:

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“17. By Ext.P1 decision taken by the Executive Committee of the PCI in its meeting held on 22.10.2020, the

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W.A.Nos.540 & 576 of 2021

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extension of approval for D.Pharm course in the 1^st , 2^nd and 3^rd 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 4^th 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 2^nd respondent Examining Authority. The 1^st petitioner institution was granted Ext.P2 consent of affiliation by the 2^nd 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 2^nd 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 1^st and 2^nd petitioner institutions have already obtained consent of affiliation from the 2^nd 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 1^st respondent PCI. In so far as the 3^rd 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 2^nd respondent Examining Authority. Even while making application for extension of approval for D.Pharm course for the academic year 2020-21, the 3^rd petitioner could not secure consent of affiliation from the 2^nd respondent Examining Authority. Till date, the 3^rd petitioner has not obtained consent of affiliation from the 2^nd respondent. Therefore, though the 3^rd 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 2^nd respondent

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W.A.Nos.540 & 576 of 2021

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Examining Authority before making admission to D.Pharm course.

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In so far as the 4^th petitioner institution is concerned, the application made seeking approval of the PCI for starting D.Pharm course for the academic year 2020-21 was considered in the meeting of the Executive Committee of the PCI held on 22.10.2020 and the approval was withheld for want of consent of affiliation of the 2^nd respondent Examining Authority. As evident from Ext.P17(e), the 4^th petitioner institution has given an undertaking in the form of an affidavit, to obtain consent of affiliation of the 2^nd respondent Examining Authority, before admitting students for D.Pharm course for the academic year 2020-21. In view of the said affidavit, the request made by the 4^th petitioner institution for approval to start D.Pharm course for the academic year 2020-21 requires reconsideration at the hands of the 1^st respondent PCI.

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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 1^st and 2^nd 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 2^nd respondent Examining Authority and the appeal dated 15.06.2020 filed by the 4^th 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 2^nd respondent Examining Authority before admitting students for D.Pharm course during that academic year.”

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Being aggrieved, the 3^rd petitioner in W.P.(C)No.24415 of 2020

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filed W.A.No.540 of 2021 and the 4^th petitioner in W.P. (C)No.24415 of 2020 filed W.A.No.576 of 2021.

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Based on a memo dated 24.11.2022, appellants seek

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W.A.Nos.540 & 576 of 2021

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permission to withdraw the writ appeals with liberty to approach this court afresh.

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Memo dated 24.11.2022 is reproduced:

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“1. The above writ appeal was filed challenging judgment dated 27.1.2022 in Writ Petition being W.P.(C)No.24415 of 2020. The appellant is the pharmacy college and are aggrieved by nonextension of approval for the D.Pharm course for the academic year 2020-2021. The extension of approval/increase in intake/approval is withheld for the appellate college by the first respondent for reason of non-production of the consent of affiliation from the 2^nd respondent.

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An application for obtaining approval for conducting courses for academic year 2022-2023 has been now issued by the 1^st respondent. The appellant therefore has submitted an application for obtaining approval for conduct of D.Pharm Courses and the same has now been rejected by the 1^st respondent. Now it is of paramount importance for the petitioner to challenge the said order.

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Hence it is prayed that this Hon’ble Court may be pleased to permit the appellant to withdraw the above writ appeal with the liberty to approach this court afresh.”

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W.A.Nos.540 & 576 of 2021

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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.

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Pending interlocutory applications, if any, shall stand closed.

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Sd/-

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S. Manikumar Chief Justice

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Sd/-

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Shaji P. Chaly Judge

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vpv

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//true copy//

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P.A. to Judge

Mgm Silver Jubilee College of Polytechnic and Pharmaceutical Sciences v. Mgm Silver Jubilee College of Pharmacy

Case brief

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Mgm Silver Jubilee College of Polytechnic and Pharmaceutical Sciences v. Mgm Silver Jubilee College of Pharmacy

Case brief

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