Kerala Academy Of Pharmacy vs The Commissioner For Entrance ...
2021 Latest Caselaw 4688 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                          &

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

               TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                               WP(C).No.3196 OF 2021(Y)

PETITIONERS:

        1        KERALA ACADEMY OF PHARMACY
                 PANKAJAKASTHURI COLLEGE OF ENGINEERING AND TECHNOLOGY
                 CAMPUS, KANDALA, THIRUVANANTHAPURAM-695512,
                 REPRESENTED BY ITS ADMINISTRATOR.

        2        COCHIN COLLEGE OF ENGINEERING AND TECHNOLOGY,
                 602B, ATHIPPATTA, VALANCHERY,
                 MALAPPURAM DISTRICT, PIN-676522
                 REPRESENTED BY ITS EXECUTIVE DIRECTOR.

                 BY ADVS.
                 SRI.GEORGE POONTHOTTAM (SR.)
                 SRI.BOBY THOMAS
                 SMT.RESHMI JACOB
                 SMT.NISHA GEORGE

RESPONDENTS:

        1        THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
                 OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
                 5TH FLOOR, HOUSING BOARD BUILDING, SHANTHI NAGAR,
                 THIRUVANANTHAPURAM-695001.

        2        THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION IN
                 KERALA, T.C.15/1553-4,PRASANTHI BUILDING, M.P.APPAN ROAD,
                 VAZHUTHACAUD, THIRUVANANTHAPURAM-695014,
                 REPRESENTED BY THE CHAIRMAN.

        3        KERALA UNIVERSITY OF HEALTH SCIENCES,
                 MULAMKUNNATHUKAVU, MEDICAL COLLEGE.P.O,
                 THRISSUR DISTRICT-680596, REPRESENTED BY THE REGISTRAR.

        4        STATE OF KERALA,
                 REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
                 HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,
                 THIRUVANANTHAPURAM.
                 (ADDL. R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED 09-02-2021 IN
                 WPC No.3196/2021)

OTHER PRESENT:
                 R1 & R4 SRI. M.A. ASIF-SPL. G.P.
                 R3 SMT. MARY BENJAMIN, SC, ASC.
                 R2 SRI. P. SREEKUMAR, SC, KERALA UTY. HEALTH SCIENCES

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.3196/2021              -2-



                        JUDGMENT

DATED THIS THE 9th DAY OF FEBURARY, 2021

Shaffique, J:

This writ petition has been filed by two colleges inter alia

seeking for a direction to extend the period for filling up of the

seats in pharmacy courses till 15-03-2021. It is brought to our

notice that admission to other medical courses has been

extended by the Apex Court until 28-02-2021. It is contended

that when time is extended for admission to M.B.B.S, B.D.S and

AYUSH courses, the students who already got admission in the

pharmacy courses may leave the course and join other courses

like M.B.B.S, B.D.S and courses conducted by AYUSH. The time

for admission to AYUSH courses were extended by the Central

Government upto 28-02-2021. It is common that admission to

B.Pharm courses will be the last choice of students who aspires

for M.B.B.S, B.D.S and AYUSH courses. Therefore, when time is

extended for admission to M.B.B.S, B.D.S and AYUSH courses

until 28-02-2021, necessarily the time may have to be extended

for pharmacy courses as well, and there is justification on the

part of the petitioners in approaching this court. It is for the

Government to extend the time for admission to the aforesaid

courses. As already stated, at present, time has been extended

upto 15-02-2021 and in view of the subsequent development that

the time for admission to M.B.B.S, B.D.S and AYUSH courses

have been extended upto 28-02-2021, it is only appropriate that

the Government may issue necessary directions in this regard.

The petitioners shall submit a representation to the Government

and the Government shall consider the same and pass

appropriate orders in this regard as expeditiously as possible.

Writ petition is disposed of with the above direction.

(Sd/-) A.M. SHAFFIQUE, JUDGE.

(Sd/-) GOPINATH P., JUDGE.

AMG

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF JUDGMENT IN W.A.NO.95 OF 2021 DATED 28.01.2021 PASSED BY THIS HON'BLE COURT

EXHIBIT P2 TRUE COPY OF THE ORDER NO.ASC 100/21/PHARMACY/KAPKT DATED 02.02.2021 PASSED BY THE ADMISSION SUPERVISORY COMMITTEE.

EXHIBIT P2(A) TRUE COPY OF THE ORDER NO.ASC 100/21/PHARMACY/CCETVM DATED 02.02.2021 PASSED BY THE ADMISSION SUPERVISORY COMMITTEE.

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.CEE/4600/2019/KEAM-2020/TA4 DATED 01.02.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.2020/13146/ACI/GEN/B2/KUHS DATED 28.01.2021 ISSUED BY THE UNIVERSITY.

EXHIBIT P5 TRUE COPY OFTHE CIRCULAR NO.2020/13146/ACI/GEN/B2/KUHS DATED 30.12.2020 ISSUED BY THE UNIVERSITY.