IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 36360 of 2007(C) --------------------------------------- PETITIONER(S): ----------------------- SREESANKARA NATIONAL INSTITUTE OF EDUCATIONAL TRUST, PARASSALA,THIRUVANANTHAPURAM, REPRESENTED BY THE CHAIRMAN OF THE BOARD OF TRUSTEES, DR.MONIKANTAN NAIR, "ARCHANA" CONVENT ROAD, ALUMMOODU, NEYYATTINKARA,THIRUVANANTHAPURAM. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 4. THE DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 5. THE PHARMACY COUNCIL OF INDIA, COMBINED COUNCIL BUILDING, KOTLA ROAD,AIWAN-E, GHALIB MARG, P.B.NO.7020, NEW DELHI-110 002, REPRESENTED BY REGISTRAR-CUM-SECRETARY. tss W.P.(C) NO.36360/2007 6. THE PHARMACY COUNCIL OF KERALA, RED CROSS ROAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR. 7. UNIVERSITY OF KERALA, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY REGISTRAR. R1 TO R4 BY GOVT. PLEADER SRI.JOSEPH GEORGE R5 BY ADVS. SRI.A.SUDHI VASUDEVAN, SRI.C.MOHAMMED HABEEB. R6 BY ADVS.SRI.P.B.SAHASRANAMAN, SRI.T.S.HARIKUMAR, SRI.K.JAGADEESH. R7 BY SRI.GEORGE POONTHOTTAM,SC,KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2011, ALONG WITH WPC NO. 12 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.36360/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE TRUST DEED EXECUTED ON 8.10.03. P2:- COPY OF THE GO(RT) 2179/05/H. & FWD DT.D 27..705. P3:- COPY OF THE OBJECTION CERTIFICATE DTD. 2.2.06 ISSUED BY THE 7TH RESPONDENT. P4:-P COPY OF THE COMMUNICATION NO.06/04/KER/PHAR/2006 /2 DTD. 22.8.2006 ISSUED BY THE AICTE TO THE IST RESPONDENT. P5:- COPY OF THE COMMUNICATION NO.06/04/KER/PHAR/2006-07 DTD. 10.5.07 ISSUED BY THE AICTE TO THE IST RESPONDENT. P6:- COPY OF THE ORDER NO.AC.B.1/7800/2006 DTD. 4.8.07 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER. P7:- COPY OF THE NO.GO(RT) 1319/2007/H.EDN. DTD. 9.7.07. P8:- COPY OF THE COMMUNICATION DTD. 8.6.07 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P9:- COPY OF THE GO(MS) 196/2005/H & FW DTD. 3.8.2005. P10:- COPY OF THE REGULATION ISSUED BY THE AICTE. P11:- COPY OF THE COMMUNICATION DTD. 8.6.07 SENT BY THE PETITIOENR TO THE 2ND RESPONDENT. P12:- COPY OF THE PROSPEPCTUS ISSUED BY THE 3RD RESPONDENT. P13:- COPY OF THE ELIGIBILITY CERTIFICATE ISSUED FROM THE TAMIL NADU DOCTOR M.G.R. MEDICAL UNIVERSITY TO A STUDENT. P14:- COPY OF THE NOTIFICATION PUBLISHED BY THE 3RD RESPONDENT INVITING APPLICATION FOR B.PHARM ON 9.11.07. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE APPENDIX C OF EDUCATION REGULATIONS 1991. RESPONDENT'S ANNEXURES R1(a):- COPY OF THE COMMUNICATION DT.D 28.11.2005 ISSUED BY THE PHARMACY COUNSEL TO INDIA. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) Nos.36360 of 2007 & 12 of 2008 ``````````````````````````````````````````````````````````` Dated this the 12th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ These are writ petitions filed by an Institution and outside Kerala students, claiming that they should also be considered for admission to B.Pharm course (lateral entry). In W.P.(C) No.36360/2007, this Court passed order dated 12.12.2007 permitting candidates to appear for the entrance examination scheduled on 16.12.2007. Subsequently, order dated 04.03.2008 was passed in IA.No.800/2008 permitting that successful candidates in the entrance examination shall be admitted. Similar orders were also passed in W.P.(C) No.12/2008 filed by some candidates. 2. It is now submitted that based on the interim orders passed, students joined the course and completed the same. Now that the students have joined and completed the course, I do not think it necessary for this Court to enter into the merits of the controversy raised in these writ W.P.(C) No.36360/2007 & 12/2008 : 2 : petitions. Therefore, without expressing anything on the merits, these writ petitions are disposed of, directing that the admissions granted based on the interim orders passed in these writ petitions will be treated as regular and on that basis, certificates will be issued to eligible among the students. Sd/- (ANTONY DOMINIC, JUDGE) aks/12/12 // True Copy // P.A. To Judge