Dismissed

Kerala Academy of Pharmacy v. Kerala University of Health Sciences

Kerala HC24 Feb 2023WA/74/2023

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the appeal filed by a college challenging non-affiliation for the B.Pharm course. The court directed joint inspections by the Pharmacy Council of India and the University. Reports confirmed deficiencies requiring compliance; thus, the appeal lacked merit.

What did the court decide?

Direction to constitute a joint inspection team to verify deficiencies; appellant ordered to comply with reports of both the University and Pharmacy Council of India.

Kerala Academy of Pharmacy Vs Kerala University of… — Education and Admissions | Kerala HC (2023)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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FRIDAY, THE 24^TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944 WA NO. 74 OF 2023

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AGAINST THE JUDGMENT IN WP(C) 40479/2022 OF HIGH COURT OF KERALA

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APPELLANT/S:

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KERALA ACADEMY OF PHARMACY AGED 42 YEARS PANKAJA KASTHURI COLLEGE OF ENGINEERING AND TECHNOLOGY CAMPUS, KANDALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS COORDINATOR SHAMSEER K.V., PIN - 695512 BY ADVS. SMT NISHA GEORGE SHRI GEORGE POONTHOTTAM (SR.) SRI ANN MARIA FRANCIS

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RESPONDENT/S:

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1 KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE PO, THRISSUR, REPRESENTED BY ITS REGISTRAR., PIN - 680596

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2 THE VICE CHANCELLOR KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE PO, THRISSUR, PIN - 680596

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3 THE REGISTRAR KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, PIN – 680596

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W.A.No.74 of 2023

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ADDL.4 THE PHARMACY COUNCIL OF INDIA, REPRESENTED BY REGISTRAR, NBCC CENTRE, 3RD FLOOR, PLOT NO.2, COMMUNITY CENTRE, MAA ANANDAMAI MARG, OKHLA PHASE-I, NEW DELHI-110 020. (*)IS SUO MOTU IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER ORDER DATED 1.2.2023 IN W.A 74/2023 BY ADVS. SHRI P.SREEKUMAR DEPUTY SOLICITOR GENERAL OF INDIA, SHRI MANU S.

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16.02.2023, THE COURT ON 24/2/2023 DELIVERED THE FOLLOWING:

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A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.

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W.A.No.74/2023

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Dated this the 24^th day of February, 2023

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J U D G M E N T

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A.Muhamed Mustaque, J.

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This intra-court appeal is at the instance of

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the writ petitioner before the learned Single Judge. The matter is related to continuation of affiliation for conducting B.Pharm course for the

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academic year 2022-23. The Kerala University of Health Sciences declined affiliation for the above academic year noting deficiency. The appellant has approval from the Pharmacy Council of India for conducting B.Pharm and D.Pharm courses. The learned Single Judge directed the appellant to submit compliance report before the competent authority of the Health University, and thereafter, the Health University to conduct inspection to reconsider the application for affiliation. In

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W.A.No.74 of 2023

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the appeal, the main contention was that the

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appellant is having approval from the Pharmacy Council of India and the deficiency now pointed out, in fact, does not exist. On 2/2/2023, after hearing the submission of the learned Senior

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Counsel for the appellant, we passed the following order:

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DSGI appears for the additional 4th respondent.

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Having adverted to the factual dispute involved in this case, we are of the view that the Pharmacy Council shall constitute an inspection team and cause inspection to report about the alleged deficiency pointed out by the Kerala University of Health Sciences. The inspection shall be conducted along with the inspection team of the Kerala University of Health Sciences.

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The learned DSGI to get instructions as to when this inspection team can visit the College. Post on 03.02.2023.

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Thereafter, an inspection report has been submitted by the Pharmacy Council of India. That

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report also indicates deficiencies in the

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appellant's college. Though the learned Senior Counsel attempted to distinguish the deficiencies noted, we do not find any reason to have another

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W.A.No.74 of 2023

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view on it. The appellant will have to comply with the deficiencies noted in the report of the Pharmacy Council of India as well as in the report of the inspection team constituted by the Health University. We find, therefore, no merit in the

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appeal. The appeal stands dismissed.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN, JUDGE

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W.A.No.74 of 2023

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APPENDIX OF WA 74/2023

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PETITIONER ANNEXURES

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Annexure-1	TRUE COPY OF THE (B.PHARM) COURSE BEARING NOTIFICA PCI DATED 10TH D	BACHELOR OF PHARMACY REGULATIONS, 2014 TION NO. 14-154/2010- ECEMBER 2014.
Annexure-2	TRUE COPY OF THE KERALA UNIVERSIT NOTIFICATION NO. A2/KUHS(2) DATED THE MINIMUM STAN B.PHARM COURSE.	RELEVANT PAGES OF THE Y OF HEALTH SCIENCES 4556/2017/AC.I/GEN 14.01.2020 CONTAINING DARD REQUIREMENTS FOR
Annexure-3	TRUE COPY OF THE PHARMACY COUNCIL PUBLISHED IN THE PHARMACY COUNCIL THE APPROVAL GIV COLLEGE THROUGH EXECUTIVE COMMIT 08.08.2022.	RELEVANT PAGES OF THE OF INDIA NORMS WEBSITE OF THE OF INDIA CONTAINING EN TO THE APPELLANT THE DECISION OF THE TEE AS DECIDED ON
Annexure 4	TRUE COPY OF THE DATED 12.10.2021 TEACHER VIZ. DR. ISSUED AS PER ST FORMAT BY THE AP	APPOINTMENT LETTER OF THE NEWLY APPOINTED K. CHANDRASEKARAN, ANDARD INSPECTION PELLANT COLLEGE
Annexure 5	TRUE COPY OF THE DR. S.MUTHUKUMAR ISSUED AS PER ST FORMAT BY THE AP	APPOINTMENT LETTER OF DATED 15.09.2021, ANDARD INSPECTION PELLANT COLLEGE
Annexure 6	TRUE COPY OF THE DR. P.K. SREEKUM ISSUED AS PER ST FORMAT BY THE AP	APPOINTMENT LETTER OF AR DATED 03.10.2020, ANDARD INSPECTION PELLANT COLLEGE

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W.A.No.74 of 2023

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Annexure	7	TRUE COPY OF THE APPOINTMENT LETTER OF MS. POONAM PANDURANG GHATE DATED 21.11.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	8	TRUE COPY OF THE APPOINTMENT LETTER OF MR. AJO JOHN DATED 13.12.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	9	TRUE COPY OF THE APPOINTMENT LETTER OF MR. ARUN T.S. DATED 23.11.2022 ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	10	TRUE COPY OF THE APPOINTMENT LETTER OF MR. PUGAZHENTHI RAJANGAM DATED 20.10.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	11	TRUE COPY OF THE APPOINTMENT LETTER OF MR. SHUNMUGA SUNDARAM DATED 09.05.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	12	TRUE COPY OF THE APPOINTMENT LETTER OF MR. KOTHA SREENIVASULU DATED 31.10.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	13	TRUE COPY OF THE APPOINTMENT LETTER OF MR. SURESH RAMAN DATED 04.07.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	14	TRUE COPY OF THE APPOINTMENT LETTER OF MR. VIRAMANI DATED 25.10.2021, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE

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W.A.No.74 of 2023

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Annexure	15	TRUE COPY OF THE APPOINTMENT LETTER OF ASUVATHAMAN DATED 25.04.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	16	TRUE COPY OF THE APPOINTMENT LETTER OF MR. BINIL VARGHESE JOHN DATED 13.12.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	17	TRUE COPY OF THE APPOINTMENT LETTER OF MR. EDWIN MOSES DATED 19.05.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	18	TRUE COPY OF THE APPOINTMENT LETTER OF DR. ANJANA SANKAR A.J. DATED 31.10.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	19	TRUE COPY OF THE APPOINTMENT LETTER OF ANJITHA ANIL PILLAI DATED 12.11.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	20	TRUE COPY OF THE APPOINTMENT LETTER OF MS. JASMY E.S. DATED 04.11.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	21	TRUE COPY OF THE APPOINTMENT LETTER OF LALLU MARIAM JACOB DATED 28.09.2020, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	22	TRUE COPY OF THE APPOINTMENT LETTER OF MRS. SHEEBA YOHANNAN DATED 10.11.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE.

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W.A.No.74 of 2023

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Annexure	23	TRUE COPY OF THE APPOINTMENT LETTER OF
		SMITHA J.C. DATED 26.10.2020, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	24	TRUE COPY OF THE APPOINTMENT LETTER OF MRS. SUJA RANI DATED 15.11.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	25	TRUE COPY OF THE APPOINTMENT LETTER OF MRS. ANJU C.L DATED 19.04.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	26	TRUE COPY OF THE APPOINTMENT LETTER OF MRS. ARYA V.S. DATED 26.02.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	27	TRUE COPY OF THE APPOINTMENT LETTER OF ASHA R.S. DATED 13.11.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	28	TRUE COPY OF THE APPOINTMENT LETTER OF MS. BINDHU VISWAN, DATED 25.01.2023, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	29	TRUE COPY OF THE APPOINTMENT LETTER OF SHYAMA M.S. DATED 19.10.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	30	TRUE COPY OF THE APPOINTMENT LETTER OF DR. VIJITHA RAJ V.S. DATED 13.11.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE
Annexure	31	TRUE COPY OF THE APPOINTMENT LETTER OF
		MS. ISRATH RAIHANA C. DATED 24.09.2022, ISSUED AS PER STANDARD INSPECTION

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W.A.No.74 of 2023

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FORMAT BY THE APPELLANT COLLEGE Annexure 32 TRUE COPY OF THE APPOINTMENT LETTER OF MRS. REMYA S.V. DATED 26.05.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE Annexure 33 TRUE COPY OF THE APPOINTMENT LETTER OF DR. RESHMA S. REGHU DATED 13.12.2022, ISSUED AS PER STANDARD INSPECTION FORMAT BY THE APPELLANT COLLEGE Annexure 34 TRUE PHOTOGRAPHS OF THE BUILDING CLASSROOMS OF THE APPELLANT COLLEGE.

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RESPONDENTS ANNEXURES:

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Annexures of R1 to R3

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Annexure R1A:	A true copy of passed on 12.12 with the statem	the .20 ent	interim order 22 produced along filed on 16/12/2022
Annexure R1A	A true copy of on 11.10.2021	the in W	interim order passed P C No 21857 of 2021
Annexure R1B	A true copy of 20.10.2021 in	the W P	order dated C No 21857 of 2021
Annexure R1C	A true copy of 26.10.2021 iss	the ued	order dated by the university
Annexure R1D	A true copy of 14.6.2022 rece	the ived	complaint dated from the faculty
Annexure R1E	A true copy of 27.6.2022 from	the the	complaint dated students.
Annexure R1F	A true copy of 11.8.2022 rece	the ived	complaint dated from a student

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W.A.No.74 of 2023

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Annexure R1G	A true copy of the inspection report submitted by the inspectors based on the inspection held on 25.8.2022
Annexure R1H	A true copy of the letter addressed to the Principal of the appellant institution on 13.9.2022
Annexure R1I	A true copy of the chart showing the requirement for 100 intake in B.Pharm course and the actual number of teachers present on the date of inspection
Annexure R1J	A true copy of the faculty list furnished by the appellant for the academic year 2021-22
Annexure R1K	A true copy of the faculty list furnished by the appellant institution for the academic year 2022-23
Annexure R1L	A true copy of the relevant portion of the amendment carried out in the minimum standard requirement
	Inspection Report by the Kerala
	Academy of Pharmacy dated
	10/2/2023 produced along with memo dated 14/2/2023
ANNEXURE OF	ADDL.R4 :
	Inspection Report by the
	Pharmacy Council of India
	DATED 10/2/2023 produced along
	with memo dated 13/2/2023

Kerala Academy of Pharmacy v. Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

Kerala Academy of Pharmacy v. Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

What the court decided

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