Kerala High Court
Hindustan College Of Pharmacy vs The Admission And Fee Regulatory ... on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.3501 OF 2020(K)
PETITIONER:
HINDUSTAN COLLEGE OF PHARMACY,
REPRESENTED BY ITS CHIARMAN,CHENAPPADY.P.O,
ERUMELY, KOTTAYAM DISTRICT-686520.
BY ADVS.
SRI.KURIAN GEORGE KANNANTHANAM (SR.)
SRI.TONY GEORGE KANNANTHANAM
SRI.THOMAS GEORGE
RESPONDENTS:
1 THE ADMISSION AND FEE REGULATORY COMMITTEE,
REPRESENTED BY ITS SECRETARY,
M.P.APPAN ROAD,THYCAUD,TRIVANDRUM-695014.
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE.P.O,THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR.
R1 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
R2 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3502/2020(K), WP(C).3683/2020(I),
WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I),
WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J),
WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.3502 OF 2020(K)
PETITIONER:
NOORUL ISLAM TRUST,
RPERESENTED BY ITS CHAIRMAN,
AL-AZHAR CAMPUS,PERUMPILLYCHIRA.P.O,
THODUPUZHA-685605.
BY ADVS.
SRI.KURIAN GEORGE KANNANTHANAM (SR.)
SRI.P.M.SANEER
SRI.TONY GEORGE KANNANTHANAM
RESPONDENTS:
1 THE ADMISSION AND FEE REGULATORY COMMITTEE,
REPRESENTED BY ITS SECRETARY,
M.P.APPAN ROAD, THYCAUD,
TRIVANDRUM-695014.
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE.P.O,THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR.
R1 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
R2 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3683/2020(I),
WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I),
WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J),
WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.3683 OF 2020(I)
PETITIONER:
EZHUTHACHAN COLLEGE OF PHARMACY,
MARAYAMUTTAM, NEYYATTINKARA,
THIRUVANANTHAPURAM-695124,
REPRESENTED BY ITS PRINCIPAL
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.RIJI RAJENDRAN
SMT.NISHA GEORGE
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES,,
MULAMKUNNATHUKAVU, MEDICAL COLLEGE.P.O., THRISSUR
DISTRICT-680596, REPRESENTED BY THE REGISTRAR
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR MEDICAL EDUCATION IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014,
REPRESENTED BY THE CHAIRMAN
R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K),
WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I),
WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J),
WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.3686 OF 2020(I)
PETITIONER:
THE GENERAL SECRETARY,
INDIRA GANDHI MEMORIAL TRUST, NELLIKKUZHI P.O.,
KOTHAMANGALAM - 686 691.
BY ADVS.
SRI.KURIAN GEORGE KANNANTHANAM (SR.)
SRI.P.M.SANEER
SRI.TONY GEORGE KANNANTHANAM
RESPONDENTS:
1 THE ADMISSION AND FEE REGULATORY COMMITTEE,
REPRESENTED BY ITS SECRETARY, M.P.APPAN ROAD,
THYCAUD, TRIVANDRUM - 695 014.
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR - 680 596,
REPRESENTED BY ITS REGISTRAR.
R1 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
R2 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K),
WP(C).3683/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I),
WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J),
WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.3688 OF 2020(I)
PETITIONER:
DR. JOSEPH MAR THOMA INSTITUTE OF PHARMACEUTICAL
SCIENCES AND RESEARCH,
PALLICAL P.O.KATTANAM-690 503, ALAPPUZHA
DISTRICT,REPRESENTED BY ITS PRINCIPAL.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.ARUN CHANDRAN
SRI.RIJI RAJENDRAN
SMT.NISHA GEORGE
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O.TRICHUR
DISTRICT-680 596. REPRESENTED BY THE REGISTRAR.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR MEDICAL EDUCATION IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE
CHAIRMAN.
R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K),
WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3690/2020(I),
WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J),
WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -6-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.3690 OF 2020(I)
PETITIONER:
NASIFA SHERIN N., (MINOR)
D/O. ABDUL NAZAR N., 1ST YEAR B-PHARM, MOULANA COLLEGE
OF PHARMACY, ANGADIPPURAM, PERINTHALMANNA, MALAPPURAM
DISTRICT-679 322, KERALA STATE, REPRESENTED BY FATHER,
ABDUL NAZAR N., S/O. KHADHAR HAJI N., AGED 44 YEARS,
RESIDING AT NELLOLIL HOUSE, KURUKA P.O., KALPAKANCHERY
VIA, MALAPPURAM-676 551.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.ARUN CHANDRAN
SRI.RIJI RAJENDRAN
SMT.NISHA GEORGE
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., TRICHUR
DISTRICT-680 596 REPRESENTED BY THE REGISTRAR.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR MEDICAL EDUCATION IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.
3 THE PRINCIPAL
MOULANA COLLEGE OF PHARMACY, ANGADIPPURAM,
PERINTHALMANNA, MALAPPURAM DISTRICT-679 322.
R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K),
WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I),
WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J),
WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.3691 OF 2020(J)
PETITIONER:
MALIK DEENAR COLLEGE OF PHARMACY,
SEETHANGOLI, BELA POST, KASARAGOD DISTRICT-671321,
REPRESENTED BY ITS PRINCIPAL
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.RIJI RAJENDRAN
SMT.NISHA GEORGE
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MULAMKUNNATHUKAVU, MEDICAL COLLEGE.P.O., TRICHUR
DISTICT-680596, REPRESENTED BY THE REGISTRAR
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR MEDICAL EDUCATION IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPRUAM-695014,
REPRESENTED BY THE CHAIRMAN
R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K),
WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I),
WP(C).3690/2020(I), WP(C).3693/2020(J), WP(C).3694/2020(J),
WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -8-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.3693 OF 2020(J)
PETITIONER:
KVM COLLEGE OF PHARMACY,
KVM ROAD, KOKKOTHAMANGALAM P.O.,
CHERTHALA, ALAPPUZHA DISTRICT-688 527,
REPRESENTED BY ITS PRINCIPAL.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.RIJI RAJENDRAN
SMT.NISHA GEORGE
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., TRICHUR
DISTRICT-680 596 REPRESENTED BY THE REGISTRAR.
2 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA
T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014,
REPRESENTED BY THE CHAIRMAN.
R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K),
WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I),
WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3694/2020(J),
WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.3694 OF 2020(J)
PETITIONER:
ST.JOHNS COLLEGE OF PHARMACEUTICAL SCIENCES
AND RESEARCH
KATTAPPANA SOUTH P.O., IDUKKI DISTRICT-685 515,
REPRESENTED BY ITS PRINCIPAL.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.RIJI RAJENDRAN
SMT.NISHA GEORGE
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., TRICHUR
DISTRICT-680 596, REPRESENTED BY THE REGISTRAR.
2 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA
T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014,
REPRESENTED BY THE CHAIRMAN.
R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K),
WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I),
WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J),
WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -10-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.4839 OF 2020(D)
PETITIONER:
RAJIV GANDHI INSTITUTE OF PHARMACY
TRIKARIPUR, MEELIYAT, KASARGOD DISTRICT,
REPRESENTED BY ITS PRINCIPAL.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.J.VISHNU
SRI.VISHNU B.KURUP
SHRI.AKSHAY V NAIR
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MULAMKUNNATHUKAVU, MEDICAL COLLEGE P. O., THRISSUR
DISTRICT - 680596, REPRESENTED BY THE REGISTRAR.
2 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA
T.C.15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN
ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014,
REPRESENTED BY THE CHAIRMAN.
R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K),
WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I),
WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J),
WP(C).3694/2020(J), WP(C).2120/2021(L), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -11-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.2120 OF 2021(L)
PETITIONER:
EZHUTHACHAN COLLEGE OF PHARMACY
MARAYAMUTTAM, NEYYATTINKARA, THIRUVANANTHAPURAM 695
124, REP.BY ITS PRINCIPAL
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.RIJI RAJENDRAN
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR
DISTRICT 680 596, REP.BY THE REGISTRAR.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR MEDICAL EDUCATION IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014, REP.BY THE CHAIRMAN.
R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K),
WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I),
WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J),
WP(C).3694/2020(J), WP(C).4839/2020(D), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P (C) No.3501/2020 & conn. Cases. -12-
JUDGMENT
[WP(C) Nos.3501/2020,3502/2020, 3683/2020, 3686/2020,
3688/2020, 3690/2020, 3691/2020, 3693/2020,
3694/2020, 4839/2020 & 2120/2021]
DATED THIS THE 28th DAY OF JANUARY, 2021
Shaffique, J:
These writ petitions concern a common issue. The
petitioners challenge orders passed by the Admission
Supervisory Committee keeping in abeyance admission to
certain students who are admitted to the college after 31-08-
2019. In fact, the Kerala University of Health Sciences has by
virtue of their circular dated 05-09-2019 extended the admission
and registration of students for Pharmacy colleges under the
University until midnight of 15-09-2019. The Committee however
while considering the regularisation of the admission and
registration placed reference to the interim order dated 25-11-
2019 passed by the Apex Court in SLP (C) No.40401/2019 and in
view of the restriction imposed in the said order, observed that
the Apex Court had on earlier occasions extended the time in
respect of Pharmacy colleges only until 31-08-2019 and
therefore until a final decision is taken by the Apex Court in that
regard, the admissions effected after 31-08-2019 were directed
to be kept in abeyance.
W.P (C) No.3501/2020 & conn. Cases. -13-
2. There is no dispute about the fact that in a batch of
Civil Appeals [The Pharmacy Council of India v. Dr. S.K.
Toshniwal Educational Trusts, Vidarbha Institute of
Pharmacy and others (Manu/SC/0531/2020)], the Apex
Court considered the question whether the provisions of All India
Council for Technical Education Act (hereinafter referred to as
'AICTE Act' for short) applies to Pharmacy courses. It was held
that when a special enactment namely the Pharmacy Act
contains substantial provisions which regulates the admission
and registration of Pharmacy courses, AICTE Act has no
application.
3. It is submitted on behalf of the petitioners that the cut-
off date of 31-08-2019 has been fixed in Parswanath
Charitable Trust v. All India Council for Technical
Education [(2013) 3 SCC 385] proceeding on the basis that
for Pharmacy courses also, the provisions of the AICTE Act
applies.
4. The Apex Court had held in Dr. S.K. Toshniwal's case
(supra) that provisions of AICTE Act has no application to
Pharmacy courses and it has to be regulated by Pharmacy Act
W.P (C) No.3501/2020 & conn. Cases. -14-
and the Rules framed thereunder. In fact no such cut-off date
had been fixed by the Pharmacy Council of India for admission to
Pharmacy courses. It is pointed out that as far as the Pharmacy
Council of India is concerned, each year a specific cut-off date is
fixed. Apparently in this case no specific cut-off date had been
fixed. But the University had fixed cut-off date as 15-09-2019 as
directed by this court in WA No.1686/2019.
5. Yet another reason stated by the Committee is that a
stay has been granted by the Apex Court in SLP (C)
No.40401/2019. The said order reads as under:
"Permission to file Special Leave Petition is granted.
Issue notice.
No student, in case he/she has been admitted under
the order passed by the High Court, shall be permitted to
pursue the course any further.
In the meantime, there shall be stay of operation and
implementation of the impugned judgment.
List in the month of January, 2020."
Apparently the said order applies only from the date of order i.e.,
from 25-11-2019. Though relating to the Pharmacy courses, by
the impugned judgment, this court had extended the time for
registration by 10 days from 29-10-2019, when the University
has fixed the cut-off date only till 15-09-2019. In SLP (C)
No.40401/2019 the Apex Court was not concerned about the
W.P (C) No.3501/2020 & conn. Cases. -15-
extension of time until 15-09-2019 by the University. Therefore
the interim order in SLP (C) No.40401/2019 does not stand in
the way of regularising the admission of students who are
admitted on or before 15-09-2019.
In the light of the aforesaid discussion, we are of the view
that the writ petitions are to be allowed. The University shall
register all students who were admitted to the Pharmacy courses
on or before 15-09-2019. In respect of those students who had
already written the examinations, their results shall be
published. The orders impugned shall stand modified to the
aforesaid extent. On registration of the students, the University
shall take appropriate steps in accordance with law.
(Sd/-)
A.M. SHAFFIQUE, JUDGE.
(Sd/-)
GOPINATH P., JUDGE.
AMG
W.P (C) No.3501/2020 & conn. Cases. -16-
APPENDIX OF WP(C) 3501/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 20.07.2019 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 13.8.2019
W.A.NO.1686/2019 OF THIS HON.COURT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20.8.2019 OF THE 2ND
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.8.2019 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 27.8.2019 IN
I.A.NO.1/19 IN W.A.1686/19 OF THIS HON.COURT.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 31.8.2019 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 3.9.2019 ISSUED BY THE
1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 29.10.2019 IN
W.A.NO.2084/19 OF THIS HON.COURT.
EXHIBIT P9 TRUE COPY OF THE CONSOLIDATED REPORTED GENERATED ON
THE WEBSITE OF THE UNIVERSITY DATED 12.11.2019
EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER DATED 25.11.2019 OF
THE HON.SUPREME COURT.
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 5.12.2019 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 19.12.2019 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE NOTIFICATION DATED 24.1.2020
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 28.1.2020 IN
WP(C)NO.1434/2020 OF THIS HON.COURT.
EXHIBIT P15 COPY OF REPRESENTATION DATED 21/01/2021 TO THE 2ND
RESPONDENT.
W.P (C) No.3501/2020 & conn. Cases. -17-
APPENDIX OF WP(C) 3502/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 20.07.2019 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 13.8.2019 IN
W.A.NO.1693/2019 OF THIS HON.COURT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20.8.2019 OF THE 2ND
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.8.2019 ISSUED BY
THE 1ST RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 27.8.2019 IN
I.A.NO.1/2019 IN W.A.1693/19 OF THIS HON.COURT.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 31.8.2019 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 31.8.2019 ISSUED BY
THE COMMISSIONER FOR ENTRANCE EXAMINATIONS.
EXHIBIT P8 TRUYE COPY OF ORDER DATED 3.9.2019 ISSUED BY THE
1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF THE JUDMENT DATED 29.10.2019 IN
W.A.NO.2084/19 OF THIS HON.COURT.
EXHIBIT P10 TRUE COPY OF THE CONSOLIDATED REPORTED GENERATED ON
THE WEBSITE OF THE UNIVERSITY DATED 12.11.2019.
EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER DATED 25.11.2019 OF
THE HON.SUPREME COURT.
EXHIBIT P12 TRUE COPY OF THE LETTER DATED 5.12.2019 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 19.12.2019 ISSUED BY
THE 1ST RESPONDENT
EXHIBIT P14 TRUE COPY OF THE NOTIFICATION DATED 24.1.2020
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 28.01.2020 IN
W.P(C)NO.1434/2020 OF THIS HON.COURT.
W.P (C) No.3501/2020 & conn. Cases. -18-
APPENDIX OF WP(C) 3683/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR
NO.2019/8443/ACI/GEN/B2/KUHS DATED 05.09.2019
ISSUED BY THE UNIVERSITY
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.ASC100/19/PHARMACY/B.PHARM/ECPS DATED 17.12.2019
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN
SLP(C)NO.40401/2019 PASSED BY THE HON'BLE SUPREME
COURT OF INDIA
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.01.2020 IN
WP(C)NO.1434/2020 PASSED BY THIS HON'BLE COURT
EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS
OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.3036/2020/B2/EXAM-
PHARMACY/KUHS DATED 24.01.2020
W.P (C) No.3501/2020 & conn. Cases. -19-
APPENDIX OF WP(C) 3686/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 9/7/2019 IN
W.A.1485/2019 OF THIS HON. COURT.
EXHIBIT P2 TRUE COPY OF THE E.MAIL COMMUNICATION DATED
12/7/2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 2/8/2019 OF THE HON.
SUPREME COURT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 17/8/2019 ISSUED BY THE
2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 30/8/2019 IN
W.P.(C) NO.23595/19 OF THIS HON. COURT.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 31/8/2019
ISSUED FROM THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE APPROVAL ORDER DATED 3/9/2019 OF
THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA.
EXHIBIT P8 TRUE COPY OF THE ORDER DT. 3/9/19 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 31/8/2019 ISSUED BY
THE COMMISSIONER FOR EXAMINATION.
EXHIBIT P10 TRUE COPY OF THE PRINT OUT GENERATED ON 6/12/2019.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 29/10/2019 IN
W.A.NO.2084/19 OF THIS HON. COURT.
EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 25/11/2019 OF
THE HON. SUPREME COURT.
EXHIBIT P13 TRUE COPY OF THE LETTER DATED 5/12/2019 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE NOTIFICATION DATED 24/12/2019
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE NOTIFICATION DATED 24/1/2020 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P16 COPY OF THE NOTIFICATION DATED 19/01/2021 ISSUED BY
THE 2ND RESPONDENT.
W.P (C) No.3501/2020 & conn. Cases. -20-
APPENDIX OF WP(C) 3688/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO 2019-
8443/ACI/GEN/B2/KUHS DATED 5.9.2019 ISSUED BY THE
UNIVERSITY
EXHIBIT P2 TRUE COPY OF THE ORDER NO
ASC100/19/PHARMACY/B.PHARAM/DJMIPSR DATED 9.12.2019
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP(C)
NO 40401/2019 PASSED BY THE HON'BLE SUPREME COURT
OF INDIA.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.1.2020 IN WPC NO
1434/20209 PASSED BY THIS HON'BLE COURT
EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS
OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO 3036/2020/B2/EXAM-
PHARMACY/KUHS DATED 24.1.2020
W.P (C) No.3501/2020 & conn. Cases. -21-
APPENDIX OF WP(C) 3691/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR
NO.2019/8443/ACI/GEN/B2/KUHS DATED 05.09.2019
ISSUED BY THE UNIVERSITY
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.ASC100/19/PHARMACY/B.PHARM/MDCP DATED 13.12.2019
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN
SLP(C)NO.40401/2019 PASSED BY THE HON'BLE SUPREME
COURT OF INDIA
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.01.2020 IN
WP(C)NO.1434/20209 PASSED BY THIS HON'BLE COURT
EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS
OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.3036/2020/B2/EXAM-
PHARMACY/KUHS DATED 24.01.2020
W.P (C) No.3501/2020 & conn. Cases. -22-
APPENDIX OF WP(C) 3693/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR
NO.2019/8443/ACI/GEN/B2/KUHS DATED 5.9.2019 ISSUED
BY THE UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.ASC100/19/PHARMACY/B.PHARM/KVM DATED 13.12.2019
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP(C)
NO.40401/2019 PASSED BY THE HON'BLE SUPREME COURT
OF INDIA.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.1.2020 IN WPC
NO.1434/2020 PASSED BY THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS
OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.3036/2020/B2/EXAM-
PHARMACY/KUHS DATED 24.1.2020.
W.P (C) No.3501/2020 & conn. Cases. -23-
APPENDIX OF WP(C) 3694/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR
NO.2019/8443/ACI/GEN/B2/KUHS DATED 5.9.2019 ISSUED
BY THE UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.ASC100/19/PHARMACY/B.PHARM/SJCPSR DATED
16.12.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP(C)
NO.40401/2019 PASSED BY THE HON'BLE SUPREME COURT OF
INDIA.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.1.2020 IN WPC
NO.1434/2020 PASSED BY THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS
OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.3036/2020/B2/EDAM-
PHARMACY/KUHS DATED 24.1.2020.
W.P (C) No.3501/2020 & conn. Cases. -24-
APPENDIX OF WP(C) 4839/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR
NO.2019/8443/ACI/GEN/B2/KUHS DATED 5.9.2019 ISSUED
BY THE UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.ASC100/19/PHARMACY/M.PHARM/RGIP DATED 10.12.2019
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP(C)
NO.40401/2019 PASSED BY THE HON'BLE SUPREME COURT
OF INDIA.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.01.2020 IN W.P.
(C) NO.1434/2020 PASSED BY THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS
OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.2020/4294/1/EX
PHY-A4 DATED 3.2.2020 ISSUED BY THE UNIVERSITY.
W.P (C) No.3501/2020 & conn. Cases. -25-
APPENDIX OF WP(C) 2120/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR
NO.2019/8443/ACI/GEN/B2/KUHS DATED 5.9.2019 ISSUED
BY THE UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.ASC100/19/PHARMACY/PHARM.D/ECPS DATED 17.12.2019
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP (C)
NO.40401/2019 PASSED BY THE HON'BLE SUPREME COURT OF
INDIA.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28/1/2020 IN W.P.
(C).NO.1434/2020 PASSED BY THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS
OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.2021/352/A5/EX-
PHY/KUHS DATED 6.1.2021 ISSUED BY THE UNIVERSITY.
