Kerala High Court
Kvm Trust vs Kerala University Of Health Sciences on 7 June, 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR
&
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 29TH DAY OF NOVEMBER 2016/8TH AGRAHAYANA, 1938
WA.No. 1122 of 2016 () IN WP(C).33389/2015
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AGAINST THE JUDGMENT IN WP(C) 33389/2015 DATED 07-06-2016
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APPELLANT(S)/PETITIONERS :-
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1. KVM TRUST, POST BOX - 30, CHERTHALA,
ALAPPUZHA DISTRICT, REPRESENTED BY
THE DIRECTOR DR.V.V.PYARELAL.
2. THE PRINCIPAL, KVM COLLEGE OF PHARMACY,
KOKKOTHAMANGALAM P.O, CHERTHALA - 688 583,
ALAPPUZHA DISTRICT.
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENT(S)/RESPONDENT :-
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1. KERALA UNIVERSITY OF HEALTH SCIENCES
MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O,
TRISSUR - 680 596, REPRESENTED BY THE REGISTRAR.
ADDL.2. PHARMACY COUNCIL OF INDIA,
COMBINED COUNCIL'S BUILDING, KOTLA ROAD,
AIWAN-E-GHALIB MARG, POST BOX No.7020,
NEW DELHI - 110 002, REPRESENTED BY
ITS REGISTRAR CUM SECRETARY.
IS IMPLEADED AS ADDITIONAL 2ND RESPONDENT VIDE ORDER
DATED 16.6.2016 IN I.A.678/2016.
R1 BY SRI.P.SREEKUMAR, SC
ADDL.R2 BY SRI.N.NAGARESH, ASG
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29-11-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
W.A.1122/2016
APPENDIX
APPELLANTS' ANNEXURES :-
ANNEXURE-1 :- TRUE COPY OF THE NOTIFICATION DATED 18.11.2016.
ANNEXURE-2 :- TRUE COPY OF THE SCREEN SHOT OF THE WEBSITE
MAINTAINED BY THE RESPONDENT UNIVERSITY INTIMATING THE
WITHHOLDING OF RESULTS.
RESPONDENT'S ANNEXURE :-
ANNEXURE R2(a) :- TRUE COPY OF LETTER DATED 31.08.2016 ISSUED BY
THE 2ND RESPONDENT.
//TRUE COPY//
P.A. TO JUDGE
MOHAN M. SHANTANAGOUDAR, CJ
&
SATHISH NINAN, J
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W.A. No. 1122 of 2016
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Dated this the 29th day of November, 2016
J U D G M E N T
Mohan M. Shantanagoudar, CJ The judgment dated 7.6.2016 passed in W.P(C). No.33389 of 2015 is called in question in this appeal by the unsuccessful writ petitioners.
2. The appellants/writ petitioners approached the Kerala University of Health Sciences with a view to start a Pharm D Course in KVM College of Pharmacy seeking affiliation. Preliminary enquiry was conducted by the respondent University. Based on the preliminary enquiry report, the respondent University granted conditional consent of affiliation to KVM College of Pharmacy for starting Pharm D Course with an intake of 30 seats. It was made clear in Ext.P3 communication dated 10.2.2015 that the college should rectify the deficiencies before applying for provisional affiliation and that the college will be allowed to start Pharm D programme only after obtaining the W.A.1122/16 2 approval for conduct of the course of study from the Pharmacy Council of India (PCI). Armed with such consent of affiliation, the appellants approached the Pharmacy Council of India, but the request was rejected on the ground that consent of affiliation is obtained belatedly. Such order of rejection was questioned by the appellants before the Apex Court in Writ petition (Civil).No.224 of 2015 and the same came to be allowed on 5.5.2015 with a direction to the Pharmacy Council of India to grant approval to the writ petitioner - KVM College of Pharmacy on completion of all the formalities. Though the order was passed by the Apex Court on 5.5.2015, the Pharmacy Council of India took its own time for the reasons best known to them and has granted approval on 16.9.2015 as per Ext.P7 communication. In the meanwhile, a circular was issued by the Kerala University of Health Sciences, fixing the last date for admission of students as 19.8.2015, which came to be extended by Ext.P10 circular dated 8.10.2015 as 16.10.2015.
3. Based on such circular and above mentioned orders, 16 students are said to have been admitted by the appellant's college for the academic year 2015-16.
W.A.1122/16 3
4. Since the respondent University raised certain objections with regard to the validity of the admissions made by the College, and as the University did not permit the students to write examinations for the academic year 2015-16, the appellants approached this Court in W.P(C). No.33389 of 2015 and the same came to be dismissed by the impugned judgment. Hence this appeal is filed.
5. At the time of issuing notice in this appeal, an interim order was passed in favour of the appellants permitting the students admitted by them to appear for examination. Consequently, the students have appeared for examinations and the results are yet to be announced. Since the results are not yet announced by the University, with respect to the students of the appellant's college, an application as I.A. No.1381 of 2016 is filed seeking directions to the University to announce the results.
6. By the consent of counsel on both the sides, the matter is taken up for final hearing and is decided by this judgment.
7. It is no doubt true that there is some lapse on the part of the appellants in not approaching the University seeking W.A.1122/16 4 affiliation. However, it is not in dispute that based on the request of the appellants, the respondent University conducted preliminary enquiry and based on preliminary enquiry report, consent of affiliation was granted as back as on 10.2.2015 itself as per Ext.P3. The fault committed by the appellants is that after obtaining due permission from the Pharmacy Council of India, they did not approach the respondent University once again for grant of provisional affiliation. On the other hand, the appellant treated the consent of affiliation earlier granted on 10.2.2015 as the order of provisional affiliation, which is obviously incorrect. We may hasten to add here itself that the appellants have rectified all the deficiencies and being satisfied the respondent University granted provisional affiliation for the academic year 2016-17. The same is also observed by the Apex Court in W.P(C).No.224 of 2015 (Ext.P5).
8. It seems that the appellant approached the University on 31.8.2015 after getting approval from the Pharmacy Council of India as is clear from Ext.P11. As mentioned supra, the last date of admission of students was earlier fixed as 19.8.2015 and the same came to be extended subsequently by a circular dated 8.10.2015, till 16.10.2015. The approval was granted by W.A.1122/16 5 the Pharmacy Council of India on 16.9.2015 as per Ext.P7. However, the application came to be filed by the appellant before the respondent University seeking provisional affiliation on 31.8.2015. The affiliation was neither rejected nor granted. In the meanwhile, since the last date for admission of students was fixed earlier as 19.8.2015 the students seem to have been admitted.
9. We are of the opinion that leniency may be shown in favour of the students and college for the academic year 2015- 16, in view of the fact that delay was caused by Pharmacy Council of India in granting recognition. Despite the direction issued by the Supreme Court to the Pharmacy Council of India to grant approval, the Pharmacy Council of India slept over the matter for three long months ie., from 5.5.2015. It is only on 30.9.2015 the Pharmacy Counsel of India gave approval. Since the last date for admitting students was fast approaching, it seems the appellants hurriedly admitted the students and proceeded with the course.
10. Having regard to the totality of facts and circumstances, we are of the considered opinion that leniency W.A.1122/16 6 should be shown in favour of the appellants, however, by imposing heavy costs.
Accordingly, the impugned judgment is set aside, the University is directed to grant affiliation to the appellants college - KVM College of Pharmacy for the year 2015-16. The results of the students who have appeared for examination in respect of the same academic year shall be announced. Since the appellants are at fault, they are imposed a fine of Rupees Three Lakhs, to be paid to the University within two months.
Sd/-
Mohan M. Shantanagoudar, Chief Justice Sd/-
Sathish Ninan, Judge sou.30/11.