IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 17646 of 2011(E) ---------------------------------- PETITIONER(S): ------------------- MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE, M.S.M.P.O., PANDALAM, PATHANAMTHITTA- 689501, REPRESENTED BY ITS MANAGING DIRECTOR DR. K.THULASEEDHARAN NAIR. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------------- 1. UNIVERSITY OF KERALA, THIRUVANANTHAPURAM REPRESENTED BY THE REGISTRAR. 2. UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE(DEPARTMENT OF AYUSH), IRCS BUILDING, 1, RED CROSS ROAD, NEW DELHI-110001. 3. CENTRAL COUNCIL OF INDIAN MEDICINE, 61-65, INSTITUTIONAL AREA, JANAKPURI, NEW DELHI-110058. R1 BY ADV. SRI.M.RAJAGOPALAN NAIR R2 BY ADV. SRI.T.SANJAY, DGC. R3 BY ADV. SRI.K.T.THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 17646/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER F. NO.R.12011/29/2005-EP DATED 13/10/2005. P2: COPY OF THE ORDER NO.AC.B4/2827/2005 DATED 09/11/2005. P3: COPY OF THE COMMUNICATION NO.F.NO.R.12011/059/2003-RP DATED 12/04/2005. P4: COPY OF THE ORDER NO.R.12011/29/2005-EP DATED 05/10/2009. P5: COPY OF THE COMMUNICATION NO.F.NO.4-95/2009-AY DATED 09/12/2009. P6: COPYOF THE INTERIM ORDER IN WPC NO.36444/2009 DATED 17/12/2009. P7: COPY OF THE STATEMENT FILED BY THE 3RD RESPONDENT IN WPC.NO.36444/2009. P8: COPY OF THE COMMUNICATION NO.F.NO.12011/29/2005-EP DATED 30/12/2009. P9: COPY OF THE INTERIM ORDER IN WPC.NO.36444/2009 DATED 21/07/2010. P10: COPY OF THE INTERIM ORDER IN WPC.NO.36444/2009 DATED 13/08/2010. P11: COPY OF THE ORDER NO.R.12011/29/2005-EP DATED 17/08/2010. P12: COPY OF THE NOTICE AND NOTIFICATION DATED 18/06/2011 ISSUED BY THE 1ST RESPONDENT UNIVERSITY PUBLISHING THE RESULTS OF THE EXAMINATION OF BAMS REGULAR EXAMINATION OF 2009 - 10 BATCH. P13: COPY OF LETTER NO.MACM/2011-12/110 DATED 21/06/2011 ADDRESSED TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.17646 2011 ---------------------------------------- Dated this the 4th day of July, 2011. J U D G M E N T The petitioner is an Ayurvedic Medical College, established by a Co-operative Society. 2. In this writ petition, the issue pertains to the permission for conducting BAMS course for the academic year 2009-2010. According to the petitioner after admissions were granted, there was certain uncertainty and by Ext.P8 the 1st respondent was informed by the petitioner thus : “2. It has accordingly been decided to grant conditional permission to the Mannam Ayurveda Co- operative Medical College, Pandalam, Kerala for conducting Ayurvedacharya (BAMS) course subject to the rectification of the following shortcomings by the 15th February, 2010. i) The college is having only 29 eligible teaching staff as against the full complement of 35 teachers per the CCIM norms. ii) Full complement of non-teaching and hospital staff is not available as per CCIM norms. iii) OT and labour room should be made fully functional. iv) The college has no own transport facility for students and staff. W.P(C) No.17646 2011 2 v) Area of all teaching departments and library should be as per the CCIM norms. vi) The compliance report on rectification of above mentioned shortcomings may be submitted to CCIM with a copy to Department of AYUSH by 28.2.2010 positively. 5. The fulfillment of the conditions attached to the permission given above may be made within the time specified. The CCIM will verify that the conditions have been fulfilled by means of suo moto inspection and submit a report in the matter to the department of AYUSH. Non-fulfillment of the conditions attached to the conditional permission within the time specified may entail withdrawal of permission.” 3. It is stated that the shortcomings mentioned in Ext.P8 have all been rectified and compliance report in that behalf has already been filed. The petitioner contends that once the compliance report has been filed as required, the 1st respondent is of view that Ext.P8 is an unconditional permission. 4. However, on the basis that no order of unconditional permission has been conveyed to it, the 1st respondent University has not so far passed any formal order of affiliation pertaining to the year 2009-2010. It is also stated that for that reason the results of the students who were admitted during 2009-10 have been withheld. The petitioner also has a complaint that as a W.P(C) No.17646 2011 3 result of the above, students are unable to apply for revaluation or to appear for supplementary examination. 5. In the circumstances, the petitioner has made Ext.P13 application to the 1st respondent requesting to communicate the final approval to it and to the University at the earliest. Orders have not been passed on Ext.P13. It is in these circumstances, the writ petition has been filed with the following prayers. “i) Issue a writ, order or direction directing respondents 2 and 3 to issue the final order regarding approval of the academic year 2009-10 in continuation of Ext.P8. ii) Issue a writ, order or direction directing the respondent university to publish the results of the examination of regular BAMS students who have appeared for the examination of 2009-10 batch from the petitioner college as they were allowed to appear for the examination without preconditions.” 6. I heard counsel appearing for the petitioner and the respective standing counsel appearing for the respondents. 7. In the nature of the controversy that is raised, at this stage, the grievance of the petitioner will be redressed, if the 1st respondent clarifies the position, whether as stated by the petitioner, Ext.P8 dtd.30.12.2009 reflects a final order granting permission to the petitioner to commence the course during the W.P(C) No.17646 2011 4 year 2009-2010. If the position is clarified and conveyed to the 1st respondent, the 1st respondent can proceed to take action on the petitioner's request for declaring the results of its students, which are now withheld and for allowing the students to apply for revaluation and such other things. 8. In such circumstances, I direct that on production of this judgment, the 2nd respondent before whom Ext.P13 is pending and who has issued Ext.P8 will pass on Ext.P13 representation, at any rate within four weeks from the date of production of a copy of this judgment along with a copy of the writ petition. 9. It is directed that once orders on Ext.P13 is communicated to it, the University will take appropriate consequential action without any further delay. ANTONY DOMINIC ab JUDGE