Kerala High Court
Kunhitharuvai Memorial Charitable ... vs State Of Kerala on 31 March, 2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 28TH DAYOF OCTOBER 2016/6TH KARTHIKA, 1938
WP(C).No. 33180 of 2016 (V)
-------------------------------------------
PETITIONER(S) :
-------------------------
KUNHITHARUVAI MEMORIAL CHARITABLE TRUST,
MANASSERY,KOZHIKODE, KERALA - 673 602,
REPRESENTED BY THE TRUSTEE.
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENT(S) :
----------------------------
1. STATE OF KERALA,
REPRESENTED BY THE SECRETARYTO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2. LBS CENTRE FOR SCIENCE AND TECHNOLOGY,
EXTRA POLICE ROAD, NANDAVANAM,
PALAYAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR- 695 033.
R1 BY SPL. GOVERNMENT PLEADER SRI. SANTHOSH KUMAR
R2 BY ADV. SMT.K.K.RAZIYA , S.C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-10-2016, ALONG WITH W.P(C).NO. 33200 OF 2016, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 33180 of 2016 (V)
------------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE G.O(MS) NO. 66/2015/H&FWD
DATED 31/03/2015.
EXHIBIT P2 TRUE COPY OF THE ORDER NO. 09/ACE/KUHS/2014
DATED 23/09/2016 PASSED BY THE KERALA UNIVERSITY OF
HEALTH SCIENCES.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO. KMCT CAHS/2709/GO
01 DATED 27/09/2016.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
SHAJI P. CHALY, J.
-----------------------------------------------
W.P.(C). Nos.33180 & 33200 of 2016
-----------------------------------------------
Dated this the 28th day of October, 2016
JUDGMENT
Petitioner in the captioned writ petitions is a trust conducting self financing educational institutions in various branches of medicine. Petitioner is given recognition for MBBS course by the MCI, recognition for BDS course by the Dental Council etc. etc. While so petitioner college applied to the University on 31.12.2013 seeking consent of affiliation to start course in Bachelor of Optometry and Bachelor of Perfusion Technology and affiliation was granted. In accordance with the terms, necessary arrangements are taken from the side of the petitioner. Petitioner has agreed for seat sharing and NOC was issued, however, the permission to start the course is not issued by the 1st respondent. It is in this background seeking appropriate direction this writ petition is filed.
2. Heard learned counsel for petitioner, learned Senior Government Pleader and perused the documents on record and the pleadings put forth by the petitioner. W.P.(C). 33180 & 33200 of 2016 2
3. Learned counsel for petitioner reiterated the contentions raised in the writ petition. The predominant contention put forth by the learned counsel for petitioner is that, in spite of grant of affiliation and NOC, it is improper and illegal on the part of the 1st respondent in not issuing permission to start the course. However, learned Senior Government Pleader submitted that petitioner is yet to satisfy two conditions viz., Rs.1,00,000/- to be remitted as processing fee and an agreement for seat sharing is not entered into.
4. Learned counsel for petitioner submitted that petitioner is prepared to satisfy the said two conditions put forth by learned Senior Government Pleader.
5. Taking note of the respective submissions, there will be a direction to the petitioner to comply with the said conditions and on petitioner complying with the said conditions, 1st respondent shall issue letter of permission to the petitioner as provided under the NOC.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE smv/28.10.2016