IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27618 of 2011(B) ------------------------- PETITIONER : --------------------- THE MANAGING TRUSTEE, AL-SHIFA COLLEGE OF PHARMACY, SHIFA MEDICARE TRUST, KIZHATTUR, POONTHAVANAM.P.O., MALAPPURAM DISTRICT. BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.MATHEW K. SIMON RESPONDENT(S): ------------------------- 1. THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE.P.O., THRISSUR-680596, REPRESENTED BY ITS REGISTRAR. 2. VICE CHANCELLOR, THE KERALA UNIVERSITY OF HEALTH SCIENCE, MEDICAL COLLEGE.P.O., THRISSUR-680596. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 & R2 BY ADV. SRI. P. SREEKUMAR, SC R3 BY GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27618 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1- TRUE COPY OF THE APPLICATION FOR AFFILIATION OF THE PHARM D. (POST BACULARATE) PROGRAM IN PETITIONER'S COLLEGE ON 27-8-2010. EXT.P2- TRUE COPY OF COVERING LETTER DATED 27-8-2010 BY THE PETITIONER. EXT.P3- TRUE COPY OF THE REQUEST DATED 15-9-2010 ISSUED BY THE PETITIONER. EXT.P4- TRUE COPY OF THE REPLY DATED 18-9-2010 ISSUED BY THE IST RESPONDENT. EXT.P5- TRUE COPY OF THE LETTER DATED 20-9-2010 ISSUED BY THE PETITIONER. EXT.P6- TRUE COPY OF THE GOVERNMENT LETTER DATED 7-10-2010 OF HEALTH AND FAMILY WELFARE (K) DEPT. EXT.P7- TRUE COPY OF THE INSPECTION REPORT SUBMITTED IN RESPECT OF COMMENCEMENT OF PHARM D. (POST BACCALAUREATE) COURSE. EXT.P8- TRUE COPY OF THE LETTER DATED 17-1-2011 ISSUED FROM THE 3RD RESPONDENT. EXT.P9- TRUE COPY OF THE LETTER DATED 1-9-2011 TO THE PETITIONER. EXT.P10- TRUE COPY OF THE LETTER DATED 13-9-2011 ISSUED FROM THE PETITIONER TO THE HON. MINISTER FOR HEALTH. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 27618 OF 2011 ----------------------------------------------------- Dated this the 20th day of October, 2011 J U D G M E N T Petitioner is an Educational Agency which has established a Pharmacy College in the unaided sector. In so far as this writ petition is concerned what led the petitioner to file this writ petition is the alleged delay on the part of the first respondent University to grant affiliation to a course by name Pharm D (Post Baccalaureate). 2. According to the petitioner the Pharmacy Council of India has granted its approval as per Ext.P9 communication dated 1st September, 2011. It is stated that even prior to Ext.P9, they had already made Ext.P1 application to the University seeking affiliation. According to the petitioner, in view of Ext.P9 order of approval, the University should have conducted inspection and passed W.P.(C) No. 27618 OF 2011 :2 : orders of affiliation on Ext.P1 application made by the petitioner. 3. On behalf of the University two objections are raised, first one is that the said College should have produced the Letter of Permission from the 3rd respondent. The second contention raised is that Ext.P9 does not amount to a letter of approval for the course in question. It is also submitted that irrespective of the aforesaid deficiencies, the University is processing the application and that an inspection team has already been appointed. 4. So far as the Letter of Approval pointed out by the learned counsel for the University is concerned, it is contended that by Ext.P4 communication it was demanded from the petitioner. Answering this contention, it is pointed out by the senior counsel for the petitioner that an application was made for Letter of Permission and that in response to the letter issued by the College, 3rd respondent W.P.(C) No. 27618 OF 2011 :3 : issued Ext.P8 requesting petitioner to produce approval of the Pharmacy Council of India, for considering the request. It is stated that on receipt of Ext.P9 from the Pharmacy Council of India, they issued Ext.P10 letter to the Government and that the matter is still pending before the Government. It is also stated that the delay on behalf of the Government in issuing the Letter of Permission, cannot stand in the way of the University in considering the request of the petitioner for affiliation. Counsel for the petitioner further submits that if at all the Government wants, the College is willing to admit students alloted by the Director of Medical Education to the 50% of the seats. 5. In so far as the contention of the University that Ext.P9 does not amount to a Letter of Approval of the Pharmacy Council of India for the course in question is concerned, though the learned senior counsel for the petitioner reiterates that the said letter is a Letter of W.P.(C) No. 27618 OF 2011 :4 : Approval, in view of the objection now raised by the counsel for the University, he undertakes that a document confirming that Ext.P9 is a Letter of Approval obtained from the Pharmacy Council of India itself will be produced before the University before 31st of this month, the last date specified by the Pharmacy Council of India for completing the admissions. 6. In view of the facts noticed above, the petitioner cannot be faulted for not having obtained Letter of Permission of the Government of Kerala, having regard to the steps that have been taken by the petitioner. That apart, the petitioner has also undertaken before this court that a confirmation from the Pharmacy Council of India regarding the Letter of Approval will also be produced before 31st of this month. In that view of the matter, I direct that the University shall proceed to process Ext.P1 application for affiliation made by the petitioner, conduct W.P.(C) No. 27618 OF 2011 :5 : inspection and pass orders on Ext.P1 subject to the petitioner producing, confirmation of the Pharmacy Council of India as undertaken before this court. The aforesaid process shall be completed by the University before 31st of this month provided the petitioner produces confirmation from the Pharmacy Council of India as stated above before that date. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge