Kerala High Court
Ahalia International Foundation vs National Board Of Examinations on 4 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 04TH DAY OF JANUARY 2021/14TH POUSHA, 1942
WP(C).No.9969 OF 2020(U)
PETITIONER:
AHALIA INTERNATIONAL FOUNDATION,
KOZHIPPARA.P.O, PALAKKAD-678557,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
RESPONDENT:
NATIONAL BOARD OF EXAMINATIONS,
ANSARI NAGAR, MAHATMA GANDHI MARG,
(RING ROAD), NEW DELHI-110029,
REPRESENTED BY THE DIRECTOR
E-MAIL: [email protected]
R1 BY ADV. SRI.S.SANAL KUMAR
R1 BY ADV. SMT.BHAVANA VELAYUDHAN
R1 BY ADV. SMT.T.J.SEEMA
R1 BY ADV. SRI.S.SREEKUMAR (SR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.9969/2020
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 4th day of January, 2021
The writ petition has been filed by the petitioner, which
is a Foundation running eye hospital, seeking to direct the
respondents to include the petitioner-institution among the
institutions for online counselling for Post MBBS DNB and Post
Diploma in DNB for the Academic Year 2020-'21 notifying the
number of seats as applied by the petitioner. A further relief has
been sought to declare that there is no justification in delaying a
decision on renewal of accreditation with the increased intake as
applied by the petitioner over the period of three years.
2. Learned Standing Counsel for the respondents
contested the writ petition filing statement.
3. I have heard the learned counsel for the petitioner and
learned Standing Counsel appearing for the respondents.
4. It is admitted by either side that as far as renewal of
accreditation of existing courses with existing strength, there is no
WP(C) No.9969/2020
subsisting grievance for the petitioner. The remaining grievance of
the petitioner is as regards enhanced intake of students in the
courses.
5. The learned Standing Counsel for the respondents
would submit that the Accreditation Committee of the respondents
has already considered the application of the petitioner for
enhancement of intake and gave its recommendation on
11.12.2020 to the Governing Council. The Governing Council will
consider the recommendation of the Accreditation Committee and
will be passing final orders in due course.
6. In such circumstances, this Court finds that the writ
petition can be disposed of directing the respondents to ensure
that the Governing Council takes a decision in the matter of
enhancement of the intake, as expeditiously as possible, at any
rate, on or before 31.03.2021.
Writ petition is ordered accordingly.
Sd/-
N. NAGARESH, JUDGE
aks/04.01.2021
WP(C) No.9969/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INITIAL ACCREDITATION
DATED 14.07.2011 GRANTED BY THE
RESPONDNET TO THE PETITONER COLLEGE.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED
31.10.2014 ISSUED BY THE RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE E-MAIL COMMUNICATION
REG.NO.NBE/ACCR/GRANTED/2810226 DATED
31.01.2018 ISSUED TO THE PETITIONER
HOSPITAL.
EXHIBIT P4 TRUE COPY OF THE E-MAIL COMMUNICATION
DATED 13.03.2020 ISSUED FROM THE
OFFICE OF THE RESPONDENT TO THE
PETITIONER HOSPITAL.
EXHIBIT P5 TRUE COPY OF THE E-MAIL COMMUNICATION
DATED 12.05.2020 ISSUED FROM THE
OFFICE OF THE RESPONDENT TO THE
PETITIONER HOSPITAL.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED
27.04.2020 ISSUED FROM THE OFFICE OF
THE RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED
01.05.2020 ISSUED BY THE RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE CLARIFICATIONS SOUGHT
BY THE BOARD DATED 06.03.2018.
EXHIBIT P9 TRUE COPY OF THE REPLY GIVEN BY THE
PETITIONER ON EXHIBIT-P9
CLARIFICATIONS, DATED 21.03.2018.
RESPONDENTS EXHIBITS:
ANNEXURE R1(A) A TRUE COPY OF THE LETTER DATED
11.7.2020 ISSUED BY THE NBE
WP(C) No.9969/2020
ANNEXURE R1(B) A TRUE COPY OF THE REPLY NBE APPOINTED
SPECIALTY ASSESSOR, DATED 13-07-2020.
