Kerala High Court
Dr. Mathew George vs The Additional Chief Secretary To ... on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA,
1943
WP(C).No.26049 OF 2020(E)
PETITIONER :
DR. MATHEW GEORGE,
AGED 49 YEARS
S/O K.M. GEORGE, TRUSTEE, KADAMBATT CHARITABLE
TRUST, GEROSE BUILDING, NEAR OVER BRIDGE,
M.G.ROAD, THRISSUR, PIN-680 001.
BY ADV. SRI.A.DINESH RAO
RESPONDENTS:
1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVT.SECRETARIAT, THIRUVANANTHAPURAM ,PIN-695
001.
2 THE DIRECTOR OF MEDICAL EDUCATION,
GOVERNMENT MEDICAL COLLEGE CAMPUS,
THIRUVANANTHAPURAM, PIN-695 001.
3 THE REGISTRAR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THANGALOOR, THRISSUR,
PIN-680 596.
4 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH
AND FAMILY WELFARE DEPARTMENT, SECRETARIAT
BUILDING, THIRUVANANTHAPURAM, PIN-695 001.
-2-
WP(C).No.26049 OF 2020(E)
ADDL.R 5 PHARMACY COUNCIL OF INDIA,
NBCC CENTRE, 3RD FLOOR, PLOT NO.2,C COMMUNITY
CENTRE, MAA ANANDAMAI MARG, OKHLA PHASE I,
NEW DELHI - 110020
ADDL. R5 IS IMPLEADED AS PER ORDER DATED
09.12.2020 IN IA NO. 1/2020 IN WP(C) NO.
26049/2020
ADDL.R 6 COMMISSIONER OF ENTRANCE EXAMINATION,
5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI
NAGAR, THIRUVANANTHAPURAM - 695001.
ADDL.R6 IS IMPLEADED AS PER ORDER DATED
06.01.2021 IN IA 1/2021 IN WP(C)NO.
26049/2020
R1, 2, 4 & 6 BY GOVERNMENT PLEADER SRI
K.R.RANJITH
R5 BY ASSISTANT SOLICITOR GENERAL
R3 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY
OF HEALTH SCIENCES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
WP(C).No.26049 OF 2020(E)
JUDGMENT
The petitioner has filed this writ petition under Article
226 of the Constitution of India, seeking a writ of mandamus
commanding the 3rd respondent Registrar of Kerala University
of Health Sciences to conduct an inspection of the proposed
college and grant affiliation to the petitioner institution for
B.Pharm course, as sought for in Ext.P7 application dated
30.09.2020. The petitioner has also sought for a writ of
mandamus commanding the 2nd respondent Director of
Medical Education to consider and pass orders on Ext.P9
application dated 30.09.2020 submitted by the petitioner
seeking affiliation for D.Pharm course. The further relief
sought for is a writ of mandamus commanding respondents 2
and 3 to consider and dispose of Exts.P7 and P9 applications
pending before them, within a time frame to be fixed by this
Court.
2. On 25.11.2020, when this writ petition came up for
admission, the learned Standing Counsel for the 3rd
respondent University sought time to get instructions.
3. As per order dated 09.12.2020 in I.A.No.1 of 2020,
WP(C).No.26049 OF 2020(E)
the Pharmacy Council of India was impleaded as additional 5 th
respondent in the writ petition.
4. On 15.12.2020, the learned Standing Counsel for
the University submitted that Ext.P9 application for affiliation
is being processed. Further on 18.12.2020, the learned
Standing Counsel for the University submitted that inspection
has already been conducted based on Ext.P9 application for
affiliation and the learned Government Pleader was directed to
get instructions as to the present status of the application
made by the petitioner, before the 2 nd respondent, seeking
affiliation for D.Pharm course.
5. On 15.01.2021, the learned Standing Counsel for
the 3rd respondent University, on instructions, submitted that
based on the report of the Inspection Commission, the
Scrutiny Committee has already recommended the grant of
provisional affiliation to the petitioner's college for B.Pharm
Course with an annual intake of 60 seats for the current
academic year and that the matter has already been placed
before the Vice Chancellor for taking an appropriate decision.
The learned counsel for the petitioner submitted that the
WP(C).No.26049 OF 2020(E)
petitioner has already received a communication from the 2 nd
respondent Director of Medical Education on the application
for affiliation of D.Pharm course, to which he has already sent
a reply.
6. On 20.01.2021, the learned Standing Counsel for
the 3rd respondent University submitted that the petitioner has
already been asked to remit the requisite fee for granting
provisional affiliation for B.Pharm course. The learned counsel
for the petitioner submitted that the requisite fee is being paid
on that day itself. Regarding consent of affiliation for D.Pharm
course, the learned Government Pleader submitted that the
2nd respondent will issue communication on that day itself by
e-mail requiring the petitioner to submit a formal application
for affiliation and to remit the requisite fee. On the petitioner
submitting the formal application and remitting the requisite
fee, the 2nd respondent will consider that application for
affiliation without any delay.
7. On 05.02.2021, the learned Senior Government
Pleader on instructions submitted that after the order of this
Court dated 20.01.2021, a formal application of the petitioner
WP(C).No.26049 OF 2020(E)
seeking affiliation for D.Pharm Course was received by the 2 nd
respondent only on 02.02.2021. Further, on 04.03.2021, the
learned Government Pleader, on instructions, submitted that
in the inspection conducted on 18.02.2021, deficiencies were
noted under three heads which were communicated to the
petitioner on that day itself, so as to enable the petitioner to
cure those deficiencies and to submit compliance report.
8. On 22.02.2021, the learned Government Pleader
submitted that in connection with the application made by the
petitioner seeking affiliation for D.Pharm Course, an inspection
had already been conducted on 18.02.2021 and that, based
on the report of the Inspection Commission, further
proceedings will be taken on that application. On 16.03.2021,
the learned Government Pleader submitted that on
03.03.2021, the deficiencies noted in the inspection conducted
on 18.02.2021 were communicated to the petitioner and a
copy of that communication will be produced along with a
memo.
9. On 22.03.2021, when the matter came up for
consideration, the learned counsel for the petitioner submitted
WP(C).No.26049 OF 2020(E)
that the petitioner has already submitted a compliance report
dated 19.03.2021. The learned Government Pleader sought
time to get instructions and submitted that if any such
compliance report is received, the 2nd respondent will take
necessary action on that report, without any delay.
10. Insofar as the B.Pharm Course is concerned, based
on the approval granted by the Pharmacy Council of India, the
3rd respondent University has granted provisional affiliation.
Now, what remains is affiliation for D.Pharm Course by the 2 nd
respondent Director of Medical Education.
11. The learned counsel for the petitioner would submit
that the petitioner has already remitted a sum of
Rs.5,00,000/- towards fee, as required by the 2 nd respondent.
On 19.03.2021, the petitioner submitted compliance report
after curing the deficiencies pointed out by the 2nd respondent.
The petitioner is yet to get any reply, after submission of the
said compliance report.
12. The learned Government Pleader would submit that
after the submission of compliance report dated 19.03.2021, a
re-inspection was conducted on 27.03.2021.
WP(C).No.26049 OF 2020(E)
Having considered the pleadings and materials on record
and also the submissions made by the learned counsel on
both sides, this writ petition is disposed of by directing the 2 nd
respondent Director of Medical Education to take an
appropriate decision on the application made by the petitioner
for affiliation to D.Pharm Course, based on the compliance
report dated 19.03.2021 and communicate the same to the
petitioner, within a period of two days from this date.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/7/4
WP(C).No.26049 OF 2020(E)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF TRUST DEED EXECUTED ON
15.3.2016 AT THE SUB REGISTRARS
OFFICE, THRISSUR
EXHIBIT P2 TRUE COPY OF THE ORDER DATED
25.10.2017 PASSED BY THE 1ST
RESPONDENT
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO
26591/2018 DATED 30.8.2018
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO
35169 OF 2018 DATED 11TH JANUARY, 2019
EXHIBIT P5 TRUE COPY OF THE ORDER IN IA NO 1 OF
2020 IN WPC NO 35169/2018 DATED 6TH
AUGUST,2020
EXHIBIT P6 TRUE COPY OF THE APPROVAL GRANTED TO
THE PETITIONER TO START THE COLLEGE
UNDER THE NAME AND STYLE HOLY QUEEN
COLLEGE OF PHARMACEUTICAL SCIENCES AND
RESEARCH BY THE PHARMACY COUNCIL OF
INDIA AND DATED 10.4.2020
EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 3RD
RESPONDENT AND DATED 30.9.2020
EXHIBIT P8 TRUE COPY OF THE RECEIPT FOR HAVING
DESPATCHED EXT P7
EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER TO THE 2ND
RESPONDENT AND DATED 30.09.2020
EXHIBIT P10 TRUE COPY OF THE RECEIPT FOR HAVING
DESPATCHED EXT P9
WP(C).No.26049 OF 2020(E)
EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED
9TH SEPTEMBER, 2019 ISSUED BY THE
PHARMACY COUNCIL OF INDIA
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF THE
DECISION OF THE PHARMACY COUNCIL OF
INDIA HELD ON 03.03.2020.
EXHIBIT P13 TRUE COPY OF THE APPROVAL GRANTED TO
THE KMCT COLLEGE OF PHARMACY BY THE
PHARMACY COUNCIL OF INDIA
EXHIBIT P14 TRUE COPY OF THE ORDER DATED
16.10.2020 ISSUED BY THE 3RD
RESPONDENT TO KMCT COLLEGE OF
PHARMACY, MALAPPURAM
EXHIBIT P15 TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.21929/2020 DATED 23RD OCTOBER,
2020.
