IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 18676 of 2011(H) --------------------------------------- PETITIONER(S): ----------------------- KERALA STATE SELF FINANCING B. PHARM COLLEGE MANAGEMENT ASSOCIATION, OFFICE AT ST.JAMES HOSPITAL, CHALAKUDY, THRISSUR DISTRICT-680 307, REP. BY ITS PRESIDENT. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011. R1 & R2 BY GOVT. PLEADER MR.GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18676 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION DATED 23/12/2010 ISSUED BY THE COMMISSIONER FOR ENTRANCE COMMISSIONER, KERALA, INVITING APPLICATIONS FOR ENTRANCE EXAMINATION FOR ADMISSION TO M.PHARM COURSE-2010. EXT.P2: COPY OF THE NOTIFICATION DATED 29/01/2011 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS PUBLISHING THE RESULT OF ENTRANCE EXAMINATION FOR ADMISSION TO M.PHARM COURSE-2010, ALONG WITH PROVISIONAL RESULT. EXT.P3: COPY OF THE NOTIFICATION DATED 17/03/2011 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE STATEMENT DATED NIL, REGARDING VACANCY POSITION OF SEATS FOR M.PHARM COURSE-2010, AS ON 27/04/2011. EXT.P5: COPY OF THE NOTIFICATION DATED 24/05/2011 ISSUED BY THE 2ND RESPONDENT REGARDING THE WALK-IN-INTERVIEW SCHEDULED ON 31/05/2011. EXT.P6: COPY OF THE RELEVANT EXTRACT OF PROSPECTUS DATED NIL, ISSUED BY THE PETITIONER FOR ADMISSION TO MANAGEMENT QUOTA SEATS IN M.PHARM COURSE-2010 IN THE MEMBER COLLEGE. EXT.P7: COPY OF THE PROSPECTUS DATED 10/08/2010 ISSUED BY THE MAHATMA GANDHI UNIVERSITY FOR M.PHARM COURSE 2010-11. EXT.P8: COPY OF THE NOTIFICATION DATED NIL, PUBLISHED BY THE AICTE REGARDING GPAT-2011. EXT.P9: COPY OF THE RELEVANT EXTRACT OF THE PROSPECTUS DATED 19/05/2011 ISSUED BY THE MAHATMA GANDHI UNIVERSITY FOR VARIOUS SELF- FINANCING COURSES, INCLUDING M.PHARM, FOR THE ACADEMIC YEAR 2011-12. EXT.P10: COPY OF THE REPRESENTATION DATED 09/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P11: COPY OF THE REPRESENTATION DATED 21/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. EXT.P12: COPY OF THE RELEVANT EXTRACT OF INFORMATION ABOUT GPAT-2011 EXAMINATION, DOWNLOADED ON 26/08/2011, FROM THE WEBSITE WWW.GPAT.IN. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18676 OF 2011 ----------------------------------------------------- Dated this the 29th day of August , 2011 J U D G M E N T Petitioner is an association of Self Financing B.Pharm Colleges managed by the State. These Colleges are having M.Pharm courses and in this writ petition the main grievance of the petitioner is regarding the delay on the part of the respondent in issuing notification and conducting the entrance examination for admission to M.Pharm Courses. Although several other prayers are sought for, reliefs in respect of those are not pressed for. 2. According to the petitioner every year in the Colleges run by M.G. University and the Amrita Vishwa Vidyapeedam admission process is initiated by July and classes commence from August. It is also stated that this is the uniform pattern prevailing elsewhere in the country. However, in so far as the self financing colleges in the State are concerned, seats are filled up by admitting W.P.(C) No. 18676 OF 2011 :2 : students included in the rank list prepared by the Commissioner of Entrance Examination. It is stated that inordinate delay is caused in the admission process resulting in so many seats lying vacant. It is in this back ground this writ petition has been filed with the prayer to direct the respondent to initiate steps for issuing notification and conducting the entrance examination at a par with the selection process that is now followed by the Universities in the State. 3. On behalf of the respondents a statement has been filed in which it is contended that the admission process starts with the issuance of notification by the Commissioner of entrance examination. The specific case of the petitioner is that the Commissioner issues notification and initiates the admission process, based on the orders issued by the 2nd respondent and it is on account of the delay in issuing orders in this behalf by the 2nd W.P.(C) No. 18676 OF 2011 :3 : respondent, the delay is caused on the part of the Commissioner. There is no averment in the statement filed disputing this factual position. 4. Completion of admission process, irrespective of whether it is the self financing Colleges or Government College, is a matter which is to be ensured by the authorities concerned or else, not only that the students loose further academic avenues but also their future itself would be in peril. Therefore the respondent will ensure that admission process by issuance of notification and holding of entrance is conducted in time, so that the delay is avoided. 5. Since the admission process in so far as the M.Pharm Course can be conducted only on the issuance of orders of the 2nd respondent and the delay is alleged to be on his part, I direct that the 2nd respondent will ensure that, by July the notification is issued and entrance W.P.(C) No. 18676 OF 2011 :4 : examination is held by the Commissioner for entrance examination. Since this year delay has already caused I direct that on production of a copy of this judgment the 2nd respondent will issue appropriate orders, requiring the Commissioner for entrance examination to proceed with the issuance of notification for the conduct of the entrance examination, without any further delay. 6. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge