Wp(C) No.6935/2021 N vs For Information Purpose Only
2021 Latest Caselaw 10204 Ker

Citation : 2021 Latest Caselaw 10204 Ker
Judgement Date : 25 March, 2021

Kerala High Court

Wp(C) No.6935/2021 N vs For Information Purpose Only on 25 March, 2021

WP(C) 6935/2021                             1/4

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              Present:
                  THE HONOURABLE MR.JUSTICE N.NAGARESH

                  Thursday,the 25th day of March 2021/4th Chaithra, 1943

                                 WP(C) No.6935/2021 N
PETITIONER
           For information purpose only
       THE GENERAL SECRETARY
       INDIRA GANDHI MEMORIAL TRUST, NELLIKKUZHI P.O.,
       KOTHAMANGALAM-686 691.

RESPONDENTS
1.       STATE OF KERALA
     REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF
     HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT,
     TRIVANDRUM-695 001.
2.       THE DIRECTOR OF MEDICAL EDUCATION
     MEDICAL COLLEGE P.O., TRIVANDRUM-695 001.
3.       THE CHAIRMAN
     BOARD OF D.PHARM EXAMS, DIRECTOR OF MEDICAL EDUCATION,
     MEDICAL COLLEGE P.O., TRIVANDRUM-695 001.
4.       LBS CENTRE FOR SCIENCE AND TECHNOLOGY
     REPRESENTED BY ITS CHAIRMAN, NANDAVANAM, PALAYAM,
     TRIVANDRUM-695 033.
       Writ Petition (civil) praying inter alia that in the circumstances stated in the
aﬃdavit ﬁled along with the WP(C) the High Court be pleased to direct the 4th
respondent to include the D.Pharm Course in petitioner's College for Centralized
Allotment for the academic year 2020-2021, by considering Exhibit P1 to P13 pending
disposal of the writ Petition.
         This petition coming on for admission upon perusing the petition and the
aﬃdavit ﬁled in support of WP(C) and upon hearing the arguments of SRI.KURIAN
GEORGE KANNANTHANAM ,SENIOR ADVOCATE along with M/S P.M.SANEER
& TONY GEORGE KANNANTHANAM, Advocates for the petitioner,
GOVERNMENT PLEADER for R1 to R3 and of SMT. SHAMEENA
SALAHUDHEEN, STANDING COUNSEL                     for R4, the court passed the following
 WP(C) 6935/2021                 2/4




EXHIBIT P1 - A TRUE COPY OF THE ORDER DATED 30.4.2020 OF THE AICTE
GRANTING APPROVAL.

EXHIBIT P2 - A TRUE COPY OF THE PCI GRANTING APPROVAL DATED
10.4.2020.

           For information purpose only
EXHIBIT P3 - A TRUE COPY OF THE REPRESENTATION PRODUCED BEFORE
THE GOVERNMENT DATED 3.5.2019.

EXHIBIT P4 - A TRUE COPY OF THE REPRESENTATION PRODUCED BEFORE
THE 2ND RESPONDENT ON 3.5.2019.

EXHIBIT P5 - A TRUE COPY OF THE JUDGMENT DATED 26.6.2019 IN WPC
NO.15823/2019 OF THIS HONOURABLE COURT.

EXHIBIT P6 - A TRUE COPY OF THE INTERIM ORDER DATED 24.9.2019 ON
WPC NO.23822/2019.

EXHIBIT P7 - A TRUE COPY OF THE REPRESENTATIONS BY THE PRINCIPAL
BEFORE THE 4TH RESPONDENT, DATED 8.8.2020.

EXHIBIT P8 - A TRUE COPY OF THE REPRESENTATION DATED 11.8.2020
GIVEN BY THE PRINCIPAL TO THE 2ND RESPONDENT.

EXHIBIT P9 - A TRUE COPY OF THE BANK GUARANTEE DATED 7.1.2020
GIVEN TO THE 2ND RESPONDENT.

EXHIBIT P10 - A TRUE COPY OF THE REPLY TO THE COMMUNICATION BY
PRINCIPAL TO THE 2ND RESPONDENT DATED 27.2.2020.

EXHIBIT P11 - A TRUE COPY OF THE GOVERNMENT ORDER DATED 15.2.2021
ALONG WITH RELEVANT PAGES OF THE APPROVED INSTITUTIONS IN D
PHARM.

EXHIBIT P12 - A TRUE COPY OF THE GOVERNMENT ORDER DATED 10.3.2021
WITHOUT ANNEXURES.

EXHIBIT P13 - A TRUE COPY OF THE STATE LEVEL PUBLICATION ISSUED BY
THE 4TH RESPONDENT DATED 13.3.2021.
                             N. NAGARESH, J.
          -----------------------------------------------------------
                       W.P.(C) No.6935 of 2021
     For information purpose only
          -----------------------------------------------------------
              Dated this the 25th day of March, 2021


                                ORDER

The learned Government Pleader on instructions

submits that the Inspection Team have found certain

deficiencies in the petitioner's College. The learned Senior

Counsel appearing at the instance of the petitioner made me

available a copy of the letter dated 20.03.2021 address to the

Chairman, Board of D.Pharm Examinations, wherein the

petitioner has provided details as to compliance of the said

deficiencies. The learned Senior Counsel would submit that

most of the deficiencies pointed out are non existent.

2. First and second stage of allotment for the current

year is already over. In the circumstances, there will be an

interim direction to the 2nd respondent to conduct inspection on the basis of the compliance report dated 20.03.2021, at the