Kerala High Court
Rajiv Gandhi Memorial ... vs Kerala University Of Health ... on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 26277 OF 2022
PETITIONER:
RAJIV GANDHI MEMORIAL EDUCATIONAL & CHARITABLE SOCIETY
(REGN.NO.448/2004) REPRESENTED BY ITS SECRETARY
TRIKKARIPUR P.O., KASARGOD - 671 310.
P.M.SANEER
TONY GEORGE KANNANTHANAM
KURIAN GEORGE KANNANTHANAM (SR.)
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
TRICHUR - 680 596.
2 REHABILITATION COUNCIL OF INDIA, REPRESENTED BY ITS
MEMBER SECRETARY, DEPARTMENT OF EMPOWERMENT OF PERSONS
WITH DISABILITIES, GOVERNMENT OF INDIA, B-22, QUTAB
INSTITUTIONAL AREA, NEW DELHI - 110 075.
ADDL.R3: THE ADMISSION SUPERVISORY AND FEE REGULATORY COMMITTEE,
REPRESENTED BY ITS SECRETARY, TC-15/1553-4, PRASANTHI
BUILDING, M.P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014 (ADDL.R3 IS SUO MOTU
IMPLEADED AS PER ORDER DATED 09-12-2022)
SRI.P.SREEKUMAR, SC
MANU S., ASG OF INDIA
SMT.MARY BENJAMIN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26277 OF 2022
2
JUDGMENT
An Educational Society, conducting a course in
Bachelor of Audiology and Speech Language Pathology
(BASLP), impugns Ext.P11 order of the Kerala University of
Health Sciences (KUHS), denying them continuation of
affiliation on various grounds.
2. Sri.Kurian George Kannanthanam - learned senior
counsel, instructed by Sri.P.M.Saneer appearing for the
petitioner, argued that none of the reasons stated in
Ext.P11 are any longer tenable or valid because, on
07.07.2022, namely less than two months thereafter, the
second respondent - Rehabilitation Council of India (RCI),
granted them approval for the course in question, even
from the academic year 2021-22 to 2025-26. His argument
was that once the RCI found that all facilities were available
to his client for the conduct of the course, the reasons that
weighed with KUHS in Ext.P11, no longer has legs to stand
on. He thus reiteratingly prayed that Ext.P11 be set aside
and the KUHS be directed to reconsider his client's
application for continuation of affiliation from the year
2021-22, within a time frame to be fixed by this Court.
WP(C) NO. 26277 OF 2022
3. Sri.P.Sreekumar - learned standing counsel for the
KUHS, in response, submitted that though there is no legal
impediment in consideration of the petitioner's application
for continuation of affiliation based on Ext.P13 of the RCI,
the question whether they are amenable for even action of
cancellation of the affiliation on account of the fact that
they had made certain illegal admissions, even without
infrastructural and faculty facilities, may be left open. He
explained that the petitioner appears to have made
admissions in violation of every statutory norm and the
directives of the Admission and Fee Regulatory Committee
(AFRC); and it is hence that the afore liberty is being
requested to be reserved to them. He also added that it
may be left to the KUHS to decide in what manner the
continuing affiliation is to be considered and to deal with it
in any other apposite manner, as may be permitted.
4. Smt.Mary Benjamin - learned standing counsel for
the AFRC, submitted that, prima facie, it appears that the
petitioner has made certain admissions for the academic
year 2021-22 in violation of her client's orders. She also,
therefore, prayed that liberty be reserved to her client to
WP(C) NO. 26277 OF 2022
take any further action as may be found warranted.
5. I do not propose to go into the merits of any of the
rival contentions as recorded above because, all which the
petitioner now seeks is that the KUHS be ordered to
consider their continuation of affiliation for the academic
year 2021-22, based on Ext.P13 order of the RCI dated
07.07.2022. In what manner this has to be done and what
criteria have to be followed by the KUHS, are all up to them
to decide, but they must do so following due procedure,
after hearing the petitioner.
6. As regards the admissions made by the petitioner
are concerned, I do not think that this Court would be
justified in entering into the merits of the same at this
stage, particularly when their learned senior counsel did
not press it, but sought permission to invoke all other
remedies that may be available to them in this regard,
before the competent Forums.
Resultantly, I allow this writ petition and direct the
KUHS to advert to Ext.P13 approval of the RCI and consider
the petitioner's request for continuation of affiliation de
hors Ext.P11, and after affording them an opportunity of
WP(C) NO. 26277 OF 2022
being heard; thus culminating in an appropriate order and
necessary action thereon, as expeditiously as is possible,
but not later than two months from the date of receipt of a
copy of this judgment.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 26277 OF 2022
APPENDIX OF WP(C) 26277/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF
THE REGULATIONS, NORMS AND SCHEME OF
EXAM AND CURRICULUM.
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF
APPROVAL DATED 29/6/2019 ISSUED BY
THE REHABILITATION COUNCIL OF INDIA.
Exhibit P3 TRUE COPY OF THE ORDER DATED
19/10/2019 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P4 TRUE COPY OF THE NOTIFICATION
NO.25494/2019/AC-1/GEN/A2/KUHS DATED
4/8/2020.
Exhibit P5 TRUE COPY OF THE PRINT OUT OF THE
ONLINE APPLICATION FOR CONTINUATION
OF AFFILIATION.
Exhibit P6 TRUE COPY OF THE ORDER DATED
29/1/2021 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P7 TRUE COPY OF THE LETTER DATED
17/11/2021 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P8 TRUE COPY OF RELEVANT PORTION OF THE
COMPLIANCE REPORT DATED 13/12/2021
SUBMITTED BY THE PETITIONER.
Exhibit P9 TRUE COPY OF THE LETTER DATED
21/4/2022 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P10 TRUE COPY OF THE COVERING LETTER
DATED 25/4/2022 ALONG WITH THE
WP(C) NO. 26277 OF 2022
DETAILS FURNISHED.
Exhibit P11 TRUE COPY OF THE ORDER DATED
11/5/2022 FROM THE 1ST RESPONDENT.
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED
28/5/2022 SUBMITTED BY THE
PETITIONER.
Exhibit P13 TRUE COPY OF THE CERTIFICATE OF
APPROVAL DATED 7/7/2022 FOR 5 YEARS
FROM 2021-22 TO 2025-26.
Exhibit P14 TRUE COPY OF THE ORDER DATED
23/7/2022 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P15 A TRUE COPY OF THE COMMUNICATION
NO.17984/2020/ACII/PM/A1/KUHS DTD 22-
08-2022, ISSUED BY THE UNIVERSITY.
Exhibit P16 A COPY OF THE NORMS FOR STARTING BASP
COURSE (MINIMUM REQUIREMENT) ISSUED
BY THE UNIVERSITY OBTAINED FROM
WEBSITE.
Exhibit P17 A TRUE COPY 0F EXAM NOTIFICATION
NO.2022/36535/EX-AHS/A3.KUHS DATED
09/11/2022 FOR THE FIRST BASLP
(REGULAR / SUPPLEMENTARY)
EXAMINATION, DECEMBER 2022 (2018
SCHEME), ISSUED FOR DIRECTION.
Exhibit P18 A TRUE COPY OF THE LIST OF 19
STUDENTS ADMITTED IN THE COLLEGE IN
THE ACADEMIC YEAR 2021-2022
Exhibit P19 A TRUE COPY OF THE REQUEST GIVEN BY
THE COLLEGE BY E-MAIL DATED 30/4/2022
TO THE 1ST RESPONDENT UNIVERSITY
Exhibit P20 A TRUE COPY OF THE E-MAIL
COMMUNICATION GIVEN BY THE COLLEGE
WP(C) NO. 26277 OF 2022
DATED 22/7/2022 TO THE UNIVERSITY.
RESPONDENT ANNEXURES
Annexure R3(A): True copy of the order dated
13.08.2021of the additional 3rd
respondent.
Annexure R3 (B): True copy of the covering letter and
the list submitted by the petitioner
on 07.12.2021to the 3rd respondent.
Annexure R3 (C): True copy of the covering letter
including rank list of merit lapsed
students submitted by the petitioner
on 13.05.2022
Annexure R1(A): True copy of the approval order
issued by the Admission and Fee
Regulatory Committee dated
13.08.2021
Annexure R1 (B): True copy of the circular
No.2021/25176/ACI/Gen/B2/KUHS dated
30.04.2022 issued by the University.
Annexure R1 (C): True copy of the consolidated report
on student registration pertaining to
the petitioner institution.
