Kerala High Court
The Principal vs The Kerala University Of Health & Allied ... on 21 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:63727
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
WP(C) NO. 1260 OF 2025
PETITIONER:
THE PRINCIPAL
EZHUTHACHAN COLLEGE OF PHARMACEUTICAL SCIENCES,
MARAYAMUTTOM, NEYYATINKARA THIRUVANANTHAPURAM, PIN -
695124
BY ADVS.
SHRI.TONY GEORGE KANNANTHANAM
SRI.THOMAS GEORGE
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH & ALLIED SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE. P.O.
TRICHUR, PIN - 680596
2 ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION
REPRESENTED BY ITS MEMBER SECRETARY, PRASANTHI
BUILDINGS, M.P. APPAN ROAD, VAZHUTHAKKAD,
THIRUVANANTHAPURAM, PIN - 695014
BY ADVS.
SHRI.BINNY THOMAS, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SMT.MARY BENJAMIN, SC
SHRI.P.SREEKUMAR (SR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.08.2025, ALONG WITH WP(C).16812/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:63727
WP(C) NOS. 1260 of 2025 & 16812 OF 2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA,
1947
WP(C) NO. 16812 OF 2025
PETITIONERS:
1 VINAYAMOL.S
AGED 25 YEARS
B.PHARM STUDENT, EZHUTHACHAN COLLEGE OF
PHARMACEUTICAL SCIENCE,MARAYAMUTTAM-
MANCHAVILAKAM
ROAD,MARAYAMUTTAM,NEYYATTINKARA,THIRUVANANTHAPU
RAM RESIDING AT PUTHEN
VEEDU,MUKKALUVATTAM,VARKALA,THIRUVANANTHAPURAM,
PIN - 695308
2 ASHNA. V.S
AGED 25 YEARS
B PHARM STUDENT, EZHUTHACHAN COLLEGE OF
PHARMACEUTICAL SCIENCE, MARAYAMUTTAM -
MANCHAVILAKAM RD, MARAYAMUTTAM NEYYATTINKARA ,
THIRUVANANTHAPURAM. RESIDING AT HARITHAM ,
KAITHAKUZHI, ARYANCODE, OTTASEKHARAMANGALAM PO,
THIRUVANANTHAPURAM., PIN - 695125
BY ADVS.
SRI.K.JAGADEESH
SMT.V.RENJU
RESPONDENTS:
1 REGISTRAR
KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL
COLLEGE PO, THRISSUR, PIN - 680596
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WP(C) NOS. 1260 of 2025 & 16812 OF 2025
3
2 CONTROLLER OF EXAMINATION
KERALA UNIVERSITY OF HEALTH SCIENCE MEDICAL
COLLEGE PO,THRISSUR., PIN - 680596
3 THE PRINCIPAL
EZHUTHACHAN COLLEGE OF PHARMACEUTICAL SCIENCES,
MARAYAMUTTAM- MANCHAVILAKAM ROAD,
MARAYAMUTTAM,NEYYATTINKARA,THIRUVANANTHAPURAM,
PIN - 695124
4 THE CHAIRMAN
ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA, T C 15/1553-4, PRASANTHI
BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD
THIRUVANANTHAPURAM, PIN - 695014
BY ADVS.
SHRI.BINNY THOMAS, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
SMT.MARY BENJAMIN, SC
SHRI.P.SREEKUMAR (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.08.2025, ALONG WITH WP(C).1260/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:63727
WP(C) NOS. 1260 of 2025 & 16812 OF 2025
4
N. NAGARESH, J.
----------------------
W.P.(C) Nos.1260 and 16812 of 2025
------------------------------
Dated this the 21st day of August, 2025
JUDGMENT
W.P.(C) No.1260 of 2025 has been filed by the
Principal of the Ezhuthachan College of Pharmaceutical
Sciences, Neyyatinkara, seeking to quash Ext.P4 and to
direct the University to register the two candidates namely
Ms.Ashna.V.S. and Ms.Vinayamol.S. who were admitted
under Lateral Entry Scheme 2022-'23 Batch and to permit
them to pursue their studies including appearing for exams as
validly admitted candidates.
2. The said candidates have now filed W.P.(C)
No.16812 of 2025 seeking to quash Ext.P17 and to direct the
University to register the petitioners who were admitted under
the Lateral Entry Scheme of B.Pharm Course and permit
them to continue their studies.
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WP(C) NOS. 1260 of 2025 & 16812 OF 2025
3. It is evident from the pleadings that the petitioners
were admitted to the Course before 23.06.2023, which was
the last date stipulated by the University for the admission of
students to B.Pharm Course.
4. However, their admission was not approved by the
Admission Supervisory Committee holding that admission is
after the last date fixed by the Committee for spot admission.
Thereafter, when the College approached the Admission
Supervisory Committee and the Committee passed Ext.P17
order (in W.P.(C) No.16812 of 2025) dated 20.07.2023,
rejecting the request to approve the admission of the
petitioners in W.P.(C) No.16812 of 2025 holding that it is
illegal.
5. When W.P.(C) No.1260 of 2025 came up for
admission on 15.01.2025, this Court passed an interim order
directing the 1st respondent University to permit the petitioners
to register and appear for the 6 th Semester B.Pharm
Examination as notified by Ext.P6. It is submitted that the
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WP(C) NOS. 1260 of 2025 & 16812 OF 2025
petitioners have appeared for the examination pursuant
thereto.
6. It is not in dispute that the petitioners were admitted
to the Course before 23.06.2023, which was the last date
prescribed by the University for admission as is evident from
Ext.P3. It is also submitted that even after the date fixed by
the Admission Supervisory Committee namely 17.03.2023,
the Government has allotted students to various Colleges.
7. In such circumstances, I am of the view that denying
the opportunity of the petitioners in W.P.(C) No.16812 of 2025
to pursue their Course would cause irreparable loss to the
petitioners and it would be against the interest of justice also.
In the circumstances, both the writ petitions are
allowed to the extent of setting aside Ext.P17 order dated
20.07.2023 of the Admission Supervisory Committee and
directing the respondent-University to treat the petitioners in
W.P.(C) No.16812 of 2025 as regular. The University
authority shall accept the fees of the students, if they are
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WP(C) NOS. 1260 of 2025 & 16812 OF 2025
otherwise eligible. The Standing Counsel for the University
submits that as regards the 1st petitioner in W.P.(C) No.16812
of 2025, with regard to the 6 th Semester Examination, there
appears to be certain violation of regulations, inasmuch as the
1st petitioner could have appeared for the 6 th Semester
Examination only after clearing all the papers of Semesters 1
to 3. The said issue is left open.
Sd/-
N. NAGARESH
JUDGE
Mn
2025:KER:63727
WP(C) NOS. 1260 of 2025 & 16812 OF 2025
APPENDIX OF WP(C) 1260/2025
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE NOTIFICATION DATED
13-2-2023 ISSUED BY THE COMMISSIONER
FOR ENTRANCE EXAMIANTIONS
Exhibit.P2 TRUE COPY OF THE ALLOTMENT MEMO ISSUED
BY THE COMMISSIONER, IN FAVOUR OF ONE
NISHANA NOUSHAD DATED 22-3-2023
Exhibit.P3 TRUE COPY OF THE CIRCULAR NO.2022/
15217/ AC1/ GEN/B2/KUHS DATED 22-6-
Exhibit.P4 TRUE COPY OF THE ORDER
NO.ASC/100/22/PHARMACY/ECPS DATED 20-
7-2023
Exhibit.P5 TRUE COPY OF THE ORDER NO.
ASC100/23/PHARMACY/ KSSPCMA DATED 14-
3-2023
Exhibit.P6 TRUE COPY OF THE NOTIFICATION
NO.2025/15/1/EX PHY B/B2 KUHS DATED 3-
1-2025
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WP(C) NOS. 1260 of 2025 & 16812 OF 2025
APPENDIX OF WP(C) 16812/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DIPLOMA IN PHARMACY
CERTIFICATE OF THE 1ST PETITIONER
BEARING REGISTRATION NO. 30865 DATED
21-6-2023 ISSUED BY THE CHAIRMAN ,
BOARD OF EXAMINATION, DIRECTORATE OF
MEDICAL EDUCATION , GOVERNMENT OF
KERALA
Exhibit P2 TRUE COPY OF THE DIPLOMA IN PHARMACY
CERTIFICATE OF THE 2ND PETITIONER
BEARING REGISTRATION NO. 28697 DATED
21-10-2022 ISSUED BY THE CHAIRMAN ,
BOARD OF EXAMINATION, DIRECTORATE OF
MEDICAL EDUCATION , GOVERNMENT OF
KERALA
Exhibit P3 TRUE COPY OF THE FEE RECEIPT DATED 19-
4-2023 ISSUED BY EZHUTHACHAN COLLAGE
OF PHARMACEUTICAL SCIENCES,
NAYYATTINKARA
Exhibit P4 TRUE COPY OF THE TUTION FEES PAID BY
THE PETITIONER ON 14-6-2023 TO THE
EZHUTHACHAN COLLAGE OF PHARMACEUTICAL
SCIENCES, NAYYATTINKARA
Exhibit P5 TRUE COPY OF THE ADMISSION CHIT DATED
22-10-2022 OF THE GOVERNMENT MEDICAL
COLLAGE, KOTTAYAM
Exhibit P6 TRUE COPY OF THE FEE RECEIPT DATED 27-
3-2023 ISSUED BY EZHUTHACHAN COLLAGE
OF PHARMACEUTICAL SCIENCES,
NAYYATTINKARA
Exhibit P7 TRUE COPY OF THE FEE RECEIPT DATED 14-
8-2023 OF RS. 21800/- AS TUTION FEES
PAID BY THE 2ND PETITIONER TO THE
EZHUTHACHAN COLLAGE OF PHARMACEUTICAL
SCIENCES, NAYYATTINKARA
Exhibit P8 TRUE COPY OF THE CONSOLIDATED REPORT
STUDENTS REGISTRATION BY THE 3RD
RESPONDENT IN THE KERALA UNIVERSITY
HEALTH SCIENCE SITE
Exhibit P9 TRUE COPY OF THE CIRCULAR ISSUED BY
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WP(C) NOS. 1260 of 2025 & 16812 OF 2025
THE 1ST RESPONDENT ON 22-6-2023 TO THE
PRINCIPALS OF ALL AFFILIATED COLLAGES
CONDUCTING PHARMACY UG COURSES
Exhibit P10 TRUE COPY OF THE COMPLAINT NO. 152 OF
2023 FILED BY THE 1ST PETITIONER
BEFORE THE HON'BLE KERALA LOK AYUKTA ,
THIRUVANANTHAPURAMON 14-8-2023
Exhibit P11 TRUE COPY OF THE COMPLAINT NO. 153 OF
2023 FILED BY THE 2ND PETITIONER
BEFORE THE HON'BLE KERALA LOK AYUKTA ,
THIRUVANANTHAPURAM ON 14-8-2023
Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED
14-8-2023 IN IA NO. 217 OF 2023 AND
218 OF 2023 IN COMPLAINT NO. 152 OF
2023 AND COMPLAINT NO. 153 OF 2023
PASSED BY THE HON'BLE LOK AYUKTA
Exhibit P13 TRUE COPY OF THE INTERIM ORDER
OBTAINED BY THE PETITIONERS IN IA NO.
47/2024 AND 49/2024 IN COMPLAINT NO.
152/ 2023 AND COMPLAINT NO. 153/2024
DATED 5-2-2024
OF 2024 IN COMPLAINT NO. 152 OF 2023
DATED 23-5-2024
Exhibit P15 TRUE COPY OF THE INTERIM ORDER
OBTAINED BY THE PETITIONERS IN IA NO.
143/2024 AND 145/2024 IN COMPLAINT NO.
152/ 2023 AND COMPLAINT NO. 153/2024
DATED 29-7-2024
Exhibit P16 TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 26-11-2024 FILED BY THE 1ST
RESPONDENT IN COMPAINT NO. 152/ 2023
Exhibit P17 TRUE COPY OF THE ORDER 20-7-2023 OF
THE 4TH RESPONDENT COMMITTEE
Exhibit P18 TRUE COPY OF THE STATEMENT FILED BY
THE 3RD RESPONDENT ON 25-11-2024
Exhibit P19 TRUE COPY OF THE ORDER NO.
ASC100/23/PHAR MACY/KSSPCMA DATED 14-
3-2023 OF THE ADMISSION SUPERVISORY
COMMITTEE
Exhibit P20 TRUE COPY OF THE COUNTER AFFIDAVIT IN
153 OF 2023 DATED 6-11-2024 FILED BY
THE 1ST RESPONDENT
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WP(C) NOS. 1260 of 2025 & 16812 OF 2025
Exhibit P21 TRUE OF THE STATEMENT FILED BY THE 3RD
RESPONDENT IN COMPLAINT NO. 153 OF
Exhibit P22 TRUE COPY OF THE ORDER DATED 14-11-
2024 PASSED IN IA NO. NO. 309 OF 2024
IN COMPLAINT NO. 152 OF 2023
Exhibit P23 TRUE COPY OF THE INTERIM ORDER DATED
15-1-2025 IN WP (C) NO. 1260 OF 2025
OF 2025 IN COMPLAINT NO. 152 OF 2023
DATED 7-2-2025 OF THE LOK AYUKTA
