Kerala High Court
Kerala Academy Of Pharmacy vs The Principal Secretary on 1 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
WP(C).No.3650 OF 2021(E)
PETITIONER:
KERALA ACADEMY OF PHARMACY,
PANKAJA KASTHURI COLLEGE OF ENGINEERING
AND TECHNOLOGY CAMPUS,
KANDALA, THIRUVANANTHAPURAM-695 512,
REPRESENTED BY ITS COORDINATOR SHAMSEER K.V.
BY ADVS.
SRI.P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 THE PRINCIPAL SECRETARY,
MINISTRY OF HEALTH AND FAMILY WELFARE,
6TH FLOOR, ANNEXURE 11, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM-695 011.
3 LBS CENTRE FOR SCIENCE AND TECHNOLOGY,
REPRESENTED BY ITS MEMBER SECRETARY/DIRECTOR,
NANDANAM, PALAYAM,
THIRUVANANTHAPURAM-695 033.
R3 BY ADV. SMT.SHAMEENA SALAHUDHEEN
GOVERNMENT PLEADER SRI K.R.RANJITH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3650/2021
2
JUDGMENT
Dated this the 1st day of March, 2021
When the 2nd respondent-Director of Medical
Examination delayed grant of Consent of Affiliation, the writ
petitioner filed this writ petition seeking to allot students of
D.Pharm Course to the petitioner-College during the academic
year 2020-2021 from the rank list published by the 3 rd
respondent on 21.01.2021.
2. When this writ petition came up for hearing today,
the learned Government Pleader submits that the 2 nd
respondent-Director of Medical Education has granted Consent
of Affiliation after conducting inspection of the petitioner-
Institution and the name of the petitioner-College will be
included in the list for allotment.
3. In the circumstances, respondents 2 and 3 are
directed to include the name of the petitioner-Institution in the
WP(C).No.3650/2021
list of Colleges eligible for allotment for admission to Para-
medical Diploma Courses, at the earliest, at any rate before
the allotment process begins.
4. The learned counsel for the petitioner submits that
in view of the delay incurred in the process of grant of Consent
of Affiliation to the petitioner-college, the petitioner proposes to
surrender all the seats for allotment under Government quota.
If the petitioner makes such an application to the respondents,
the competent among them shall considered the application in
accordance with law.
The writ petition is disposed of accordingly.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C).No.3650/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF DECISION LETTER ISSUED BY
THE PHARMACY COUNCIL OF INDIA DATED
10.4.2020
EXHIBIT P2 TRUE COPY OF APPLICATION DATED
28.4.2020 SUBMITTED BY THE APPLICANT
BEFORE THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF APPLICATION DATED
13.11.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF DEMAND DRAFTS DATED
16.11.2020
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 17.11.2020
IN WPC NO. 23399/2020
EXHIBIT P6 TRUE COPY OF LETTER DATED 11.12.2020
FROM THE 2ND RESPONDENT TO THE
PETITIONER
EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 21.12.2020
IN WPC NO. 27499/2020
EXHIBIT P8 TRUE COPY OF NOTIFICATION DATED
21.12.2020 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P9 TRUE COPY OF REPLY DATED 22.12.2020
FROM THE PETITIONER TO THE 2ND
RESPONDENT
EXHIBIT P10 TRUE COPY OF BANK GUARANTEE DATED
18.1.2021
EXHIBIT P11 TRUE COPY OF ORDER DATED 25.1.2021
ISSUED BY THE KERALA UNIVERSITY OF
HEALTH SCIENCES
WP(C).No.3650/2021
EXHIBIT P12 TRUE COPY OF E-MAIL DATED 5.2.2021
FROM THE PETITIONER TO THE 2ND
RESPONDENT
SR //TRUE COPY// PA TO JUDGE
