Disposed

Nirmala Educational Trust, v. State of Kerala

Kerala HC4 Jan 2022WP(C)/5826/2021

Case brief

AI extract

What is this about?

The High Court disposed of writ petitions filed by a pharmacy educational trust. After noting the rejection of an application for new courses due to a 50% pass criteria deficiency, the court directed the university to inform the petitioner of any defects to cure and to consider the application for the next academic year within three weeks.

What did the court decide?

Direction to University to inform petitioner of defects in application and to process the same within three weeks.

Nirmala Educational Trust, Vs State of Kerala — Education and Admissions | 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 MR.JUSTICE MURALI PURUSHOTHAMAN

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TUESDAY, THE 4^TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943 WP(C) NO. 5826 OF 2021

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PETITIONER:

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NIRMALA EDUCATIONAL TRUST, REPRESENTED BY ITS CHAIRMAN, KUNNAPILLY P. O, MELOOR, THRISSUR DISTRICT - 680 311.

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BY ADV SRI. S.KRISHNAMOORTHY

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RESPONDENTS:

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*1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHAS) REPRESENTED BY REGISTRAR, MEDICAL COLLEGE P. O, THRISSUR, PIN - 680 596 ADL. PHARMACY COUNSEL OF INDIA, R3 REPRESENTED BY ITS SECRETARY, NBCC CENTRE, III FLOOR, PLOT NO.2, COMMUNITY CENTRE, MAA ANANDAMAYI MARG, OKLA PHASE I, NEW DELHI – 110 020

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*IS IMPLEADED AS PER ORDER DATED 10-03-2021 IN IA 2/2021 IN WP(C)5827/2021.

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SRI. P. SREEKUMAR - SC SRI. P. VIJAYAKUMAR, ASG OF INDIA SRI. MANU S., ASG OF INDIA SMT. NISHA BOSE – GP SMT. KRISHNA - CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, ALONG WITH WP(C).11678/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NOS.5826 & 11678 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 MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 4^TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943 WP(C) NO. 11678 OF 2021

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PETITIONER:

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NIRMALA EDUCATIONAL TRUST, REPRESENTED BY ITS CHAIRMAN, KUNNAPILLY P. O., MELOOR, THRISSUR DISTRICT - 680 311.

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BY ADV SRI. S.KRISHNAMOORTHY

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS) REPRESENTED BY REGISTRAR, MEDICAL COLLEGE P. O., THRISSUR, PIN - 680 596. 3 PHARMACY COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, NBCC CENTRE, III FLOOR, PLOT NO.2, COMMUNITY CENTRE, MAAANANDAMAYI MARG, OKLA PHASE I, NEW DELHI - 110 020.

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SRI. P.SREEKUMAR - SC, KERALA UNIVERSITY OF HEALTH SCIENCES SRI. P.VIJAYAKUMAR, ASG OF INDIA SRI. MANU S., ASG OF INDIA SMT. NISHA BOSE – GP SMT. KRISHNA - CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, ALONG WITH WP(C).5826/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NOS.5826 & 11678 OF 2021

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JUDGMENT

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The petitioner is running a pharmacy College which is affiliated to the 2^nd respondent University. The petitioner submitted an application for Pharm.D and M.Pharm courses for the academic year 20212022. The said application was rejected as the petitioner did not satisfy 50% pass criteria.

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The learned counsel for the petitioner submits that, at present the petitioner College satisfies the eligibility criteria of 50% pass with regard to the regular batch. Accordingly, the learned counsel for the petitioner prays for a direction directing the 2^nd respondent University to consider the application of the petitioner for additional/new courses in Pharm.D and M.Pharm in the College for the academic year 2022-2023.

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W.P.(C) NOS.5826 & 11678 OF 2021

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Ext.P5 in W.P.(C) No.5826 of 2021 is the

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receipt of the application submitted by the petitioner for sanction of the additional course, on-line. If there is any defect in the application, the 2^nd respondent University shall inform the petitioner and the petitioner shall cure the defect.

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There will be a direction to the 2^nd respondent University to consider the application of the petitioner for additional course, within a period of three weeks from today. The application may be processed by the 3^rd respondent on production of the consent of affiliation issued by the 2^nd respondent.

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The writ petitions are disposed of with the above direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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W.P.(C) NOS.5826 & 11678 OF 2021

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APPENDIX OF WP(C) 5826/2021 PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF THE ORDER, GO(MS)NO 162/2015/H & FWD DATED 24-07-2015 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE APPLICATIOND ATED 15-12-2020. EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED 22-02-2021 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE CIRCULAR DATED 2912-2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE COMPUTER GENERATED RECEIPT DATED 3-3-2021 ISSUED BY THE 2ND RESPONDENT (ACADEMIC WING). EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WA NO. 1487/2019 DATED 9-07-2019 OF THE HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE ORDER OF SUPREME COURT IN SPECIAL LEAVE TO APPEAL NO.17411/2019 DATED 2-08-2019 EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.1994/2020 DATED 15-10-2020 EXHIBIT P9 TRUE COPY OF RECEIPT NO.48418 DATED 29/01/2021 ISSUED BY PHARMACY COUNCIL OF INDIA. EXHIBIT P10 TRUE COPY OF THE SCHEME FOR OBTAINING PERMISSION OF PHARMACY COUNCIL OF INDIA TO START PHARM D ISSUED BY PCI. EXHIBIT P11 TRUE COPY OF THE UNIVERSITY ORDER NO.15/AC,1/2/2013/KUHAS DATED 17/5/2013. EXHIBIT P12 TRUE COPY OF THE PASS PERCENTAGE ASSESSED ON THE BASIS OF EXAMINATION MARK LIST OF THE STUDENTS.

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RESPONDENTS'S EXHIBITS:- ANNEXURE R2A A TRUE COPY OF THE NOTIFICATION DATED 27.8.2020 ISSUED BY THE UNIVERSITY.

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W.P.(C) NOS.5826 & 11678 OF 2021

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APPENDIX OF WP(C) 11678/2021

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PETITIONER'S EXHIBITS:_

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EXHIBIT P1 RELEVANT PORTION OF THE SCHEME FRAMED BY THE 1ST RESPONDENT DATED NIL.

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EXHIBIT P2 TRUE COPY OF THE ON-LINE RECEIPT. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 14/4/2021 SUBMITTED BY PETITIONER. EXHIBIT P4 TRUE COPY OF THE CHART PREPARED SHOWING PASS PERCENTAGE BY THE PETITIONER INSTITUTION.

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EXHIBIT P5 TRUE COPY OF THE UNIVERSITY ORDER NO.15/C.1/2/2013/KUHS DATED 17/5/2013.

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EXHIBIT P6 TRUE COPY OF THE REQUEST/APPEAL DATED 21.06.2021 MADE BEFORE THE 3RD RESPONDENT.

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RESPONDENTS'S EXHIBITS:-

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ANNEXURE R2A A TRUE COPY OF THE NOTIFICATION DATED 27.08.2020 ISSUED BY THE UNIVERSITY.

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ANNEXURE R2B A TRUE COPY OF THE RELEANT PART OF THE MINUTES OF THE 63RD MEETING OF THE GOVERNING COUNCIL.

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ANNEXURE R2C A TRUE COPY OF THE ORDER DATED 29.3.2016 ISSUED BY THE UNIVERSITY. ANNEXURE R2D A TRUE COPY OF THE CIRCULAR DATED 23.3.2018 ISSUED BY THE UNIVERSITY. ANNEXURE R2E A TRUE COPY OF THE COMMUNICATION DATED 18.07.2019 ISSUED BY THE GOVERNMENT APPROVING THE PROPOSED AMENDMENT.

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ANNEXURE R2F A TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE GOVERNING COUNCIL DATED 26.8.2019.

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W.P.(C) NOS.5826 & 11678 OF 2021

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ANNEXURE R2G A TRUE COPY OF THE COMMUNICATION FROM THE RAJ BHAVAN DATED 6.12.2019 CONVEYING THE ASSENT OF THE HON'BLE CHANCELLOR.

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ANNEXURE R2H A TRUE COPY OF THE AMENDED STATUTE ALONG WITH THE NOTIFICATION AS SENT TO THE GOVERNMENT PRESS FOR PUBLICATION.

Nirmala Educational Trust, v. State of Kerala

Case brief

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Nirmala Educational Trust, v. State of Kerala

Case brief

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