Kerala High Court
Ahalia International Foundation vs Kerala University Of Health Sciences on 25 July, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 12TH DAY OF OCTOBER 2017/20TH ASWINA, 1939
WP(C).No. 24440 of 2017 (D)
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PETITIONER(S):
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AHALIA INTERNATIONAL FOUNDATION,
ELIPPARA, KOZHIPPARA P.O., PALAKKAD DISTRICT,
REPRESENTED BY THE TRUSTEE A.G.AJITH PRASAD.
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENT(S):
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kERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR.
BY SRI.P.SREEKUMAR,SC,KERALA UNIVERSITY HEALTH AND ALLIED
SCIENCE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 24440 of 2017 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.7602/AC-B/2013/KUHS DATED
25.7.2014 PASSED BY THE UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 29.08.2014 SUBMITTED BY
THE COLLEGE.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.7589/AC.E/PM/KUHS/2014
DATED 19.11.2014 ISSUED BY THE UNIVERSITY.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 22.01.2015 SUBMITTED
BY THE COLLEGE.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.7589/AC.E/PM/KUHS/14-15
DATED 04.02.2015 ISSUED BY THE UNIVERSITY TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 07.05.2015 SUBMITTED
BY THE COLLEGE.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO.ASO/ACADEMICS/003/2015
DATED 19.06.2015.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION NO.7589/AC.E/PM/KUHS/14-15
DATED 08.07.2015 ISSUED BY THE UNIVERSITY.
EXHIBIT P9 TRUE COPY OF THE ORDER NO.2022/AC.H/2015/KUHS DATED
16.04.2015 PASSED BY THE UNIVERSITY.
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 15.05.2017 ISSUED BY
THE PETITIONER WITH ENCLOSURE.
EXHIBIT P11 TRUE COPY OF THE COMMUNICATION NO.2017/6658/1/AC
2/PM/A2/KUHS DATED 23.06.2017 ISSUED BY THE REGISTRAR.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.A.TO JUDGE
dlk
SHAJI P. CHALY, J.
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W.P.(C) No. 24440 of 2017
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Dated this the 12th day of October, 2017
JUDGMENT
Petitioner submitted Ext.P2 application to the respondent University for affiliation of M.Sc Optometry pursuant to Ext.P1 notification. According to the petitioner, Ext.P2 application has been submitted on 29.8.2014 and is valid till 29.7.2017. The University refused to consider Ext.P2 application vide Ext.P8 on the ground that, the college had secured only below 50% pass average. However, according to the petitioner, University has refused to sanction course of M.Sc Optometry on the ground that petitioners requires to have NOC and the petitioner did not have requisite pass percentage at the time of submission of application. It is under this background seeking appropriate directions, this writ petition is filed.
2. While the writ petition was pending, learned standing counsel for the University has submitted that already an Inspection Committee is appointed and the report of the Inspection Committee is awaited. Therefore, on 16.9.2017 a W.P.(C) No. 24440 of 2017 2 direction was issued by this Court to the University to ensure that the Inspection Committee conducts the Inspection and files report before this Court, within three weeks.
3. Today when the matter is taken up, learned standing counsel for the University submitted that inspection was conducted and the college is not having any deficiency, and therefore, nothing standing in the way for granting provisional affiliation.
4. However, learned standing counsel pointed out that, the Governing council is not in session which is expected to constitute only in the month of November, and therefore, the grant of provisional affiliation in that regard will be delayed.
5. However, counsel for the petitioner pointed out that, in accordance with Section 12(7) of the Kerala University of Health Science Act, 2010 the Vice Chancellor is vested with ample powers to do so. In that view of the matter I think it is only appropriate that this writ petition is disposed of with suitable directions.
6. There will be a direction to the Vice Chancellor of the respondent University to issue provisional affiliation to the W.P.(C) No. 24440 of 2017 3 petitioner, if the Governing council is not in session, at the earliest possible time and at any rate within ten days from the date of receipt of a copy of this judgment. Thereafter, when the Governing council is in session necessary ratification shall be secured, in accordance with law.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE dlk/12/10/