Kerala High Court
Kerala Academy Of Pharmacy vs The State Of Kerala on 30 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943
WP(C).No.8394 OF 2021(Y)
PETITIONER:
KERALA ACADEMY OF PHARMACY
PANKAJA KASTHURI COLLEGE OF ENGINEERING AND
TECHNOLOGY CAMPUS, KANDALA, THIRUVANANTHAPURAM-695
512, REPRESENTED BY ITS CO ORDINATOR SHAMSEER.K.V.
BY ADVS.
SRI.P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND
FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
5TH FLOOR KSHB BUILDING, S.S KOVIL ROAD, SANTHI
NAGAR, THIRUVANANTHAPURAM, KERALA-695 001.
SRI.M.A.ASIF, SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8394 OF 2021(Y)
2
JUDGMENT
Dated this the 30th day of March 2021
The petitioner college is aggrieved by the meagre
number of students who took admission for B.Pharm
course. It is stated that even though approval was
granted by the Pharmacy Council for B.Pharmacy Course
on 10.04.2020, University had granted affiliation
only on 25.01.2021 and only thereafter, the college
was included in the common allotment process. The
petitioner pointed out that it had already
surrendered 90% of the total seats to Government but
the students who joined the college is only 15.
2. It is also stated that the petitioner has
submitted Exts.P7 and P8 representations before the
respondents 1 and 2 respectively, requesting for
allotting students who were desirous of joining the
course.
3. The learned Special Government Pleader
Sri.M.A.Asif, points out that the Government have
already allotted students and only 5 students joined
WP(C).No.8394 OF 2021(Y)
as against 182 allotments made. It is also stated
that two writ petitions were filed by the petitioner
itself. In Writ Petition No.3196/2021, this Court
had granted time for allotment till 28.02.2021 and in
Writ Petition No.5605/2021, an interim order was
passed on 08.03.2021 permitting allotment up to
15.03.2021 and the same was disposed of observing
that no further orders are necessary.
4. According to the learned counsel for the
petitioner, there is no embargo in considering the
representations submitted by the petitioner.
5. Therefore the writ petition is disposed of
with a direction to the 1st respondent to consider the
request of the petitioner in Exts.P7 and P8
representations and pass orders within a period of
three weeks from the date of receipt of the
application along with the judgment.
The writ petition is accordingly disposed of.
Sd/-
P.V.ASHA
JUDGE
DM
WP(C).No.8394 OF 2021(Y)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF DECISION LETTER ISSUED BY
THE PHARMACY COUNCIL OF INDIA DATED
10.04.2020.
EXHIBIT P2 TRUE COPY OF AFFILIATION ORDER DATED
25.01.2020 ISSUED BY THE KERALA
UNIVERSITY OF HEALTH SCIENCES.
EXHIBIT P3 TRUE COPY OF RELEVANT EXTRACT FROM THE
PROSPECTUS (KEAM 2020) ISSUED BY THE 2ND
RESPONDENT COMMISSIONER OF ENTRANCE
EXAMINATIONS.
EXHIBIT P4 TRUE COPY OF NOTIFICATION DATED
30.09.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF NOTIFICATION DATED
10.11.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF NOTIFICATION DATED
08.02.2021 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF E-MAIL DATED 17.03.2021 SENT
TO THE 1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF E-MAIL DATED 17.03.2021 SENT
TO THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY OF PRESS RELEASE DATED
20.03.2021 ISSUED BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
