Kerala High Court
Nirmala Educational Trust vs State Of Kerala on 1 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Tuesday, the 1st day of February 2022 / 12th Magha, 1943
IA.NO.1/2022 IN WP(C) NO. 5826 OF 2021
PETITIONER/PETITIONER:
NIRMALA EDUCATIONAL TRUST, REPRESENTED BY ITS CHAIRMAN, KUNNPILLY
P.O, MELOOR, THRISSUR DISTRICT 680 311
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH
AND FAMILY WELFARE, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM 695
001
2. KERALA UNIVERSITY OF HEALTH SCIENCES (KUHAS), REPRESENTED BY
REGISTRAR, MEDICAL COLLEGE P.O, THRISSUR PIN 680 596
3. ADDL.R3. PHARMACY COUNSEL OF INDIA, REP.BY ITS SECRETARY, NBCC
CENTRE, III FLOOR,PLOT NO.2, COMMUNITY CENTRE, MAA ANANDAMAYIL MARG,
OKLA PHASE I, NEW DELHI-110020 IS IMPLEADED AS PER ORDER DATED
10-03-2021 IN IA 2/2021 IN WP(C)5826/2021.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to clarify paragraph 3
of the judgment in Writ Petition No.5826/2021 dated 4.1.2022 to the extent
of directing the 2nd respondent to open the web portal enabling the
petitioner institution to file a fresh application for grnting affiliation
for additional courses of Pharm Dand M. Pharm, for the Academic year
2022-23 and to receive the necessary affiliation fee. It is prayed
accordingly.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 04.01.2022 and upon hearing the arguments of SRI.S.KRISHNAMOORTHY,
Advocate for the petitionerin IA/WP(C), GOVERNMENT PLEADER for R1 in
IA/WP(C) , of SHRI.P.SREEKUMAR, STANDING COUNSEL for R2 in IA/WP(C)
and of M/S..P.VIJAYAKUMAR & MANU S., ASSISTANT SOLICITOR GENERAL OF INDIA
for R3 in IA/WP(C), the court passed the following:
[P.T.O.]
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
I.A No.1 of 2022
in
W.P.(C) No.5826 of 2021
-------------------------------------------------
Dated this the 01st day of February, 2022
ORDER
This Court in Paragraph No.3 of the judgment dated
04.01.2022 has stated as follows:-
"3. Ext.P5 in W.P.(C) No.5826 of
2021 is the receipt of the application
submitted by the petitioner for
sanction of the additional course, on-
line. If there is any defect in the
application, the 2nd respondent
University shall inform the petitioner
and the petitioner shall cure the
defect."
2. Accordingly this Court directed the 2 nd
respondent University to consider the application of the
petitioner for additional course within a period of three
weeks from the date of the judgment. Now the petitioner
has filed this interlocutory application for clarification
I.A No.1 of 2022 in W.P.(C) No.5826 of 2021
stating that the petitioner is not in a position to
download the application submitted in pursuance to
Ext.P5 as the University has not issued any password
enabling the petitioner to download the application and
to remit the necessary fees.
3. This application for clarification is filed to
clarify paragraph No.3 of the judgment to enable the
petitioner to complete the process initiated pursuant to
Ext.P5 or to make fresh on-line application for affiliation
for the additional course for Pharm.D and M.Pharm for
the academic year 2022-2023 after paying the required
fees.
4. Heard the learned counsel for the petitioner
and the learned Standing Counsel for the respondent
University.
5. Accordingly, there will be a direction to the
respondent University to open the web portal so as to
enable the petitioner to cure the defects in the
I.A No.1 of 2022 in W.P.(C) No.5826 of 2021
application submitted pursuant to Ext.P5 along with the
prescribed fees. In the facts and circumstances of the
case, the petitioner is also permitted to make fresh
application for Pharm.D and M.Pharm courses for the
academic year 2022-2023 by remitting the prescribed
fees.
The judgment is accordingly clarified.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
01-02-2022 /True Copy/ Assistant Registrar
