Hindustan College Of Pharmacy vs State Of Kerala Represented By
2021 Latest Caselaw 4340 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

      FRIDAY, THE 05TH DAY OF FEBRUARY 2021/16TH MAGHA,1942

                       WP(C).No.2318 OF 2021(L)


PETITIONER:

               HINDUSTAN COLLEGE OF PHARMACY
               REP. BY ITS CHAIRMAN, CHENAPADI P.O.,
               KANJIRAPALLY, KOTTAYAM-686 509.

               BY ADVS.
               SRI.S.KRISHNAMOORTHY
               SMT.NITHYA SUGUNAN

RESPONDENTS:

      1        STATE OF KERALA REPRESENTED BY
               PRINCIPAL SECRETARY , DEPARTMENT OF
               HIGHER EDUCATION, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE DIRECTOR, DIRECTORATEOF MEDICAL EDUCATION,
               THIRUVANANTHAPURAM, PIN-695 001.

      3        THE L.B.S. CENTRE FOR SCIENCE AND TECHNOLOGY
               REPRESENTED BY ITS DIRECTOR, NANDAVANAM, PALAYAM,
               THIRUVANANTHAPURAM, PIN-695 033.

               GOVERNMENT PLEADER SMT. DEEPA NARAYANAN
               R3 BY ADV. SMT.SHAMEENA SALAHUDHEEN, SC

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.2318/2021

                                 2




                          JUDGMENT

Dated this the 5th day of February, 2021

The petitioner institution is a Pharmacy College. The

petitioner is before this Court seeking to direct the 3 rd

respondent to include the name of the petitioner institution

also in the list of allotment for D.Pharm course for the

academic year 2020-21 along with other colleges.

2. The petitioner would contend that the Pharmacy

Council of India has granted approval for 60 seats for the

petitioner institution for D.Pharm Course, for the academic

year 2020-21. The Director of Medical Education also has

granted affiliation to the D.Pharm Course to the petitioner for

the academic year 2019-20 onwards. The petitioner College

was not included in the prospectus issued by the Entrance

Commissioner earlier. The petitioner filed WP(C) No.

9264/2020 and this Court passed an interim order to include

the petitioner in the prospectus for B.Pharm and D.Pharm WP(C)No.2318/2021

Courses also in the allotment list of Entrance Commissioner.

3. The petitioner has submitted Ext.P4 request to the

3rd respondent requesting to include the petitioner institution

also in the D.Pharm Course and allotment process for

academic year 2020-21. Still the petitioner is not included in

the list.

4. The learned Standing Counsel for the 3rd

respondent would submit that respondents 1 and 2 have not

forwarded the list to be included in the Prospectus. The 3 rd

respondent can only include those educational institutions

who are included in the list yet to be provided by

respondents 1 and 2. In the circumstances, the 3 rd

respondent cannot state now whether the petitioner's

College will be included in the Prospectus since it will be the

decision of respondents 1 and 2.

5. The learned Government Pleader on instructions,

would submit that the respondents have not prepared the list

of eligible colleges to be forwarded to the 3 rd respondent and WP(C)No.2318/2021

therefore the writ petition is pre-mature. The learned counsel

for the petitioner on the other hand would submit that once

respondents 1 and 2 forward the list to the 3rd respondent

without including the name of the petitioner college, the

allotment will be done within a short period of 24 hours and

students will not be able to opt for the petitioner college.

6. As submitted by the learned Government pleader

appearing for respondents 1 and 2, the writ petition in fact is

pre-mature. However, this Court is of the firm belief that if

the petitioner satisfies all the conditions for allotment and

approval and satisfies other statutory requirements, the 2 nd

respondent will include the name of the petitioner in the list

for inclusion in the Prospectus to be published by the 3 rd

respondent for the year 2020-21.

The writ petition is accordingly disposed of.

Sd/-

N. NAGARESH JUDGE ncd/05.02.2021 WP(C)No.2318/2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPROVAL GIVEN PCI DATED 10.06.2019.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE/CONSENT AFFILIATION DATED 7.12.2020.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30.06.2020 IN W.P.C NO. 9264/2020.

EXHIBIT P4 TRUE COPY OF THE REQUEST BEFORE THE 3RD RESPONDENT DATED 9.12.2021.

EXHIBIT P5 TRUE COPY OF THE APPROVAL ORDER DATED 10.04.2020 FOR THE ACADEMIC YEAR 2020- 21 ISSUED BY THE PCI