IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 27490 of 2011(I) -------------------------- PETITIONER(S): --------------- THE PRINCIPAL, NATIONAL COLLEGE OF PHARMACY, MANASSERY, KOZHIKODE-673 602. BY ADV. SRI.GEORGE POONTHOTTAM SRI.SUJITH MATHEW JOSE RESPONDENT(S): --------------- 1. STATE OV KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMESNT OF HEALTH AND FAMILY WELFASRE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. ADDL.R2 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. (Suo motu impleaded by order dated 24.10.2011) SR GP M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27490 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE APPROVAL ORDER NO.50-268/2009-PCI/8649-51 DATED 24/5/2010. EXHIBIT P2: TRUE COPY OF THE APPROVAL ORDER NO.TRUE C0PY OF THE ORDER NO.50-268/2010-PCI/22790-93 DATED 2/9/2011. EXHIBIT P3: TRUE COPY OF THE COMMUNICATION NO.129/AC/KUHAS/10 DATED 21/7/2010. EXHIBIT P4: TRUE COPY OF THE COMMUNICATION NO.9218/K2/2011/H&FWD DATED 4/4/11 ALONG WITH REPORT OF THE INSPECTION COMMISSION. EXHIBIT P5: TRUE COPY OF THE COMMUNICATION DATED 11/7/2011 GIVEN BY THE PETITIONER. EXHIBIT P6: TRUE COPY OF THE COMMUNICATION NO.9218/D2/11/H&FWD DATED 29/7/2011. EXHIBIT P7: TRUE COPY OF THE APPLICATION DATED 29/6/11 GIVEN TO THE PHARMACY COUNCIL WITH ALL PARTICULARS. (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).27490/2011 .............................................. Dated this the 24th day of October, 2011 JUDGMENT Ext.P1 is a proceedings of the Pharmacy Council of India according approval to the petitioner for conducting Pharm D (Post Baccalaureate). Subsequently, petitioner sought NOC from the Government and on their application, instructions were issued by the Government and a Team consisting of the Director of Medical Education and other other members from the Calicut Medical College inspected the petitioner's college on 1.3.2011. 2. According to the learned Government Pleader, the inspection team submitted their report pointing out certain deficiencies and suggested its rectification. Thereafter, petitioner submitted a letter dated 12.7.2011 intimating that the deficiencies pointed out were rectified. Acting upon the said letter, the Government issued Ext.P6 dated 29.7.2011, requesting the DME and other members of the Inspection Team to verify whether the petitioner's Institution has rectified the deficiencies pointed out. On that basis, they were asked to make a report within a fortnight. W.P.(C).27490/11 2 3. Since then the petitioner made repeated requests for an early conduct of inspection, but there has not been any progress in the matter. It is in these circumstances, the writ petition has been filed, for a direction to the Government to issue NOC sought for by the petitioner so as to enable the petitioner to commence the Course in question. According to the learned Government Pleader, the delay on the part of the Government is only because the Government is still awaiting the report of the Inspection Team pursuance to Ext.P6 letter dated 29.7.2011. 4. Thus, from the submission made by both sides, it is obvious that the delay on the part of the Inspection Team is what is delaying a decision from the Government on the request made by the petitioner. As already seen by Ext.P6 issued on 29.7.2011, Government have already called for a report from the DME and members of the Inspection Team. However, so far, the Inspection Team have not conducted any inspection as directed by the Government. As a result of the delay, the petitioner is prevented from commencing the Course despite having obtained approval by the Pharmacy Council. In such circumstances, an immediate W.P.(C).27490/11 3 inspection by the members of the Inspection Team pursuant to Ext.P6 and the decision by the Government will redress the grievance of the petitioner. Therefore, the writ petition is disposed of with the following directions. On the production of a copy of this judgment along with a copy of the writ petition, the additional second respondent will ensure that inspection, as ordered by the Government, is conducted and a report is made as expeditiously as possible, at any rate, within three weeks thereafter. Once a report is made as above, the first respondent will take a decision on the petitioner's request for a No Objection Certificate within three weeks thereafter. ANTONY DOMINIC, Judge mrcs