IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 30396 of 2010(Y) ------------------------------------------ PETITIONER(S): ------------------------- K.V.M.TRUST, POST BOX-30,CHERTHALA, REPRESENTED BY THE DIRECTOR,DR.V.V.PYARELAL. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): ---------------------------- KERALA UNIVERSITY OF HEALTYH & ALLIED SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE PO, TRICHUR DISTRICT- 680 581, REPRESENTED BY THE REIGSTRAR. BY ADV. SRI. P.SREEKUMAR, SC, KERALA UTY H &A SCIENCE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss - T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.30396 of 2010-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2010. JUDGMENT The petitioner herein is aggrieved by the refusal of the respondent University to grant affiliation for conduct of B.Pharm course for the year 2010-2011. 2. Ext.P1 is the copy of the proceedings of All India Council for Technical Education, whereby permission was given to conduct the course with an annual intake of 60 for the year 2010-2011. It was based on Ext.P1, the application was submitted before the University for grant of affiliation. By Ext.P5 the application has been rejected and it is returned also. 3. It is submitted that the matter is covered by the judgment of a Division Bench of this Court in W.A. No.1715/2010 and connected cases. The Division Bench considered similar questions and ultimately the following directions have been issued in para 5 of the judgment: “We therefore allow writ appeals 1716 and 1717 of 2010 directing the University to entertain applications already filed and consider the same for affiliation for the new courses. Here again since these colleges are already affiliated nursing colleges, we direct the wpc 30396/2010 2 University not to decline affiliation on technicalities but to grant affiliation with direction to colleges to make up for deficiencies in infrastructural or instructional facilities if found lacking. Since the time is up for current academic year and since prima facie eligibility is established through approvals obtained both from Central and State Nursing Councils, appellants are permitted to admit students on provisional basis without waiting for final affiliation by University which will certainly take a few months time.” 4. Since the point raised by the petitioner herein is also covered by the directions issued by the Division Bench in the above judgment, Ext.P5 is quashed. Therefore, there will be a direction to the respondent University to consider Exts.P2 and P4 applications for grant of affiliation. In the meanwhile, the petitioner will be allowed to admit students on a provisional basis without waiting for final affiliation by the University. It is made clear that all the directions contained in the judgment of the Division Bench will govern this case also. The writ petition is allowed as above. No costs (T.R. Ramachandran Nair, Judge.) kav/