Kerala High Court
Kerala University Of Health Sciences vs Mgm Silver Jubilee College Of Pharmacy on 19 November, 2020
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA,
1942
RP.No.872 OF 2020 IN WP(C). 23540/2020
AGAINST THE JUDGMENT DATED 05/11/2020 IN WP(C)
23540/2020(N) OF HIGH COURT OF KERALA
REVIEW PETITIONER/3RD RESPONDENT:
KERALA UNIVERSITY OF HEALTH SCIENCES
MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O.,
TRICHUR DISTRICT, REPRESENTED BY ITS
REGISTRAR.
BY ADV. SHRI.P.SREEKUMAR, SC, KERALA
UNIVERSITY OF HEALTH SCIENCES
RESPONDENTS/PETITIONERS AND RESPONDENTS 1 AND 2 IN WPC :
1 MGM SILVER JUBILEE COLLEGE OF PHARMACY,
MGM TECHNOLOGICAL CAMPUS, KILIMANOOR, PULIMATH
P.O., THIRUVANANTHAPURAM-695 612
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
2 MGM COLLEGE OF PHARMACY
MGM TECHNOLOGICAL CAMPUS, PILATHARA,
VILAYANCODE P.O., CHERUTHAZHAM, KANNUR-670 501
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
3 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL
SECRETARY, HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4 COMMISSION FOR ENTRANCE EXAMINATION
KERALA OFFICER OF THE COMMISSIONER FOR
ENTRANCE EXAMINATION, 5TH FLOOR, HOUSING BOARD
BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-
695 001.
R1-2 BY ADV. SRI.MOHAN JACOB GEORGE
R1-2 BY ADV. SMT.P.V.PARVATHY (P-41)
-2-
RP.No.872 OF 2020 IN WP(C). 23540/2020
R1-2 BY ADV. SMT.REENA THOMAS
R1-2 BY ADV. SMT.NIGI GEORGE
R3-R4 SRI SUNIL NATH N.B- GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
19.11.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
-3-
RP.No.872 OF 2020 IN WP(C). 23540/2020
ORDER
The petitioner, who is the 3 rd respondent in W.P. (C)No.23540 of 2020, has filed this review petition seeking a review of the judgment of this Court dated 05.11.2020 in that writ petition, insofar as it relates to the 2nd respondent college/2nd writ petitioner. The aforesaid writ petition was filed by two private self financing colleges conducting B.Pharm course on the strength of the approval granted by the Pharmacy Council of India and provisional affiliation granted by the review petitioner University, seeking a writ of mandamus commanding the University to consider and grant extension of provisional affiliation for B.Pharm course for the academic year 2020-21, within a time limit to be fixed by this Court. They have also sought for a writ of mandamus commanding the Commissioner for Entrance Examination to include the name of the colleges in the Centralised Allotment Process for B.Pharm course, for the academic year 2020-21, within a time limit to be fixed by this Court.
2. W.P.(C)No.23540 of 2020 was disposed of by the judgment sought to be reviewed, recording the submission -4- RP.No.872 OF 2020 IN WP(C). 23540/2020 made by the learned Standing Counsel for the University that formal orders granting continuation of provisional affiliation to the respective colleges for conducting B.Pharm Course for the academic year 2020-21 shall be issued by 06.11.2020, which shall be communicated forthwith to the Commissioner for Entrance Examination, so as to enable him to include the name of the colleges in the Centralised Allotment Process for admission to B.Pharm courses for the academic year 2020-21.
3. Now, the petitioner University has filed this review petition seeking review of the said judgment, insofar as it relates to the 2nd respondent college, pointing out that in the case of that college, the University came to understand that there is some manipulations in the details of faculties furnished and produced before the inspection team. The Scrutiny Committee found that one of the faculties is a Post Graduate student in another Pharmacy college and another was not appointed to the post, but was only interviewed. Therefore, it became impossible to grant continuation of affiliation to the 2nd respondent college. However, in the light of the submission made before this Court, which is recorded in -5- RP.No.872 OF 2020 IN WP(C). 23540/2020 the judgment dated 05.11.2020, it is not possible to reject the application without seeking a review of the judgment.
4. A counter affidavit has been filed on behalf of respondents 1 and 2, contending that there is absolutely no deficiency in the faculties, as pointed out in the review petition. In order to substantiate the said contention, certain documents are placed on record as Annexures R1(a) to R1(l).
5. Heard the learned Standing Counsel for the petitioner University, the learned counsel for respondents 1 and 2/writ petitioners 1 and 2 and also the learned Government Pleader appearing for respondents 3 and 4.
6. Having considered the submissions made by the learned counsel on both sides, this Court finds that if as a matter of fact, there is deficiency in the number of faculties, insofar as the 2nd respondent college/2nd writ petitioner is concerned, the petitioner University is well within its power to decline continuation of affiliation for B.Pharm course for the academic year 2020-21. The specific contention taken by the 2nd respondent college in the counter affidavit is that the number of faculties in that college satisfies the statutory -6- RP.No.872 OF 2020 IN WP(C). 23540/2020 requirements. It is a matter, which has to be considered by the petitioner University, after taking note of the explanation offered by the 2nd respondent.
7. The learned Standing Counsel for the petitioner University would submit that the deficiency noted by the Scrutiny Committee shall be communicated to the 2 nd respondent today (19.11.2020) itself.
8. The learned counsel for the 2 nd respondent college would submit that the said respondent shall submit a compliance report either by today or tomorrow.
9. The learned Standing Counsel for the University would submit that immediately on receipt of that compliance report, it will be placed before the Scrutiny Committee and a decision on the question of continuation of provisional affiliation for B.Pharm Course in the 2nd respondent college for the current academic session, i.e., 2020-21, shall be taken and communicated to the 2nd respondent college on or before 25.11.2020.
In such circumstances, this review petition is disposed of by permitting the petitioner University to undertake the above -7- RP.No.872 OF 2020 IN WP(C). 23540/2020 exercise. The judgment sought to be reviewed is modified to the above extent.
Sd/-
ANIL K.NARENDRAN, JUDGE AV/20/11 -8- RP.No.872 OF 2020 IN WP(C). 23540/2020 APPENDIX PETITIONER'S ANNEXURES : NIL RESPONDENTS' ANNEXURES :
ANNEXURE R1(a) : LIST OF THE FACULTIES FOR B.PHARM COURSE ANNEXURE R1(b) : COPY OF THE APPOINTMENT ORDER ISSUED TO DR.T.RAGHUPATHI ANNEUXRE R1(c) : COPY OF THE APPOINTMENT ORDER ISSUED TO MRS.RAMYA CHANDRAN ANNEXURE R1(d) : COPY OF THE APPOINTMENT ORDER ISSUED TO MR.SALEEEF K.V. ANNEXURE R1(e) : COPY OF THE APPOINTMENT ORDER ISSUED TO MS.AMALNA S.KUMAR ANNEXURE R1(f) : COPY OF THE APPOINTMENT ORDER ISSUED TO KAVYASREE S.N. ANNEXURE R1(g) : COPY OF THE APPOINTMENT ORDER ISSUED TO MRS.THANISHA M.