Kunhitharuvai Memorial Charitable Trust Corporate Office v. Kerala University of Health Sciences, State of Kerala, and Commissioner of Entrance Examinations

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** # **THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942** ## **W.P.(C)No.4975 OF 2021(V)** ## **PETITIONER:** **KUNHITHARUVAI MEMORIAL CHARITABLE TRUST CORPORATE OFFICE, KMCT MEDICAL COLLEGE CAMPUS, MANASSERY, MUKKAM, KOZHIKODE 673 602, REP.BY ITS CHAIRMAN AND MANAGING TRUSTEE, DR. K.MOIDU, S/O.KUNHITHARUVAI HAJI, AGED 86 YEARS, RESIDING AT 'HAZEL', VAZHIPOKK ROAD, THONDAYAD BYPASS, KOZHIKODE 673 016.** **BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN** ## **RESPONDENTS:** - **1 KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE POST, TRISSUR 680 596, REP.BY ITS REGISTRAR** - **2 THE STATE OF KERALA REP.BY PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **3 THE COMMISSIONER OF ENTRANCE EXAMINATIONS OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM 695 001.** **R1 BY SRI P.SREEKUMAR- STANDING COUNSEL ; R2 & 3 BY SRI K.R RANJITH- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.4975 of 2021(V) -2- ## **JUDGMENT** The petitioner Trust is running a self-financing pharmacy college, namely, KMCT College of Pharmacy, Mampara. The petitioner obtained Ext.P1 approval from the Pharmacy Council of India, on 10.04.2020, for starting 1[st] year B.Pharm course, for the academic year 2020-21, with an intake of 100 students, subject to the conditions stipulated therein. Based on that approval, the 1[st] respondent Kerala University of Health Sciences granted Ext.P6 provisional affiliation, on 16.10.2020, for starting B.Pharm course in KMCT College of Pharmacy, for the academic year 2020-21, with an intake of 60 students, subject to the conditions stipulated therein. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P11 communication dated 19.02.2021 issued by the 1[st] respondent University, whereby the request made by the petitioner for increasing the intake in B.Pharm course, from 60 to 100 seats, for the academic year 2020-21, stands rejected on the ground that, as per norms, for increasing the sanctioned intake the first batch of the existing course has to pass out. The petitioner has also sought for a declaration that it is entitled to get affiliation for starting B.Pharm course with 100 seats in KMCT College of Pharmacy, for W.P.(C)No.4975 of 2021(V) -3- the academic year 2020-21, since it has has acquired all other requisite permissions and well equipped building with all infrastructural facilities for 100 students; a writ of mandamus commanding the 1[st] respondent University to give permission/ affiliation for starting B.Pharm course with 100 seats, for the academic year 2020-21, as the Pharmacy Council of India and All India Council for Technical Education have granted permission to start the said course with 100 seats, for the academic year 2020- 21; and a writ of mandamus commanding the 2[nd] respondent State and the 3[rd] respondent Commissioner of Entrance Examinations to grant necessary permission/sanction for starting B.Pharm course in KMCT College of Pharmacy, without any further delay, for admitting 100 students in the academic year 2020-21. 2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the 1[st] respondent University and also the learned Government Pleader for respondents 2 and 3. 3. The Pharmacy Council of India granted Ext.P1 approval to the petitioner Trust for starting 1[st] year B.Pharm course in KMCT College of Pharmacy, for the academic year 2020-21, with an intake of 100 students, subject to the conditions stipulated therein. As per Ext.P1, the approval granted by the Pharmacy Council of W.P.(C)No.4975 of 2021(V) -4- India was subject to the condition that, before making admission, the petitioner has to submit the consent of affiliation of the Examining Authority, namely, the 1[st] respondent University, and noobjection certificate from the 2[nd] respondent State. No admission shall be made without submission of the above documents to the Pharmacy Council of India. In case the above documents are not obtained and submitted to the Pharmacy Council of India, before making admissions, the approval granted in Ext.P1 shall be deemed to be withdrawn and the consequences thereof shall rest on the institution. 4. On the strength of Ext.P1 approval granted by the Pharmacy Council of India, the petitioner submitted Ext.P5 application dated 03.09.2020 before the 1[st] respondent University for starting a new college, namely, KMCT College of Pharmacy, for conducting B.Pharm course for the academic year 2020-21, with an intake of 60 students. The list of the faculties for conducting B.Pharm course with an intake of 60 students was also furnished in Ext.P5 application. Based on that application the 1[st] respondent University constituted Inspection Commission to conduct inspection in the petitioner's institution to assess the available facilities for conducting B.Pharm course. The Inspection Commission conducted W.P.(C)No.4975 of 2021(V) -5- inspection and submitted its report. The said report was placed before the Scrutiny Committee. The Scrutiny Committee in its report recommended for starting B.Pharm course in KMCT College of Pharmacy, for the academic year 2020-21, with an annual intake of 60 seats. The petitioner paid the requisite fee for provisional affiliation, refundable deposit, etc. Thereafter, the Vice Chancellor of the University accorded sanction for grant of provisional affiliation to KMCT College of Pharmacy, for conducting B.Pharm course, subject to ratification by the Governing Council. Based on that sanction, the 1[st] respondent University by Ext.P6 order dated 16.10.2020, granted provisional affiliation to KMCT College of Pharmacy, for starting B.Pharm course, for the academic year 2020-21, with an intake of 60 seats, subject to the conditions stipulated therein. 5. While Ext.P5 application made by the petitioner for starting KMCT College of Pharmacy, for conducting B.Pharm course for the academic year 2020-21, with an intake of 60 students, was pending consideration before the 1[st] respondent University, the petitioner had approached this Court in W.P.(C)No.21929 of 2020, seeking a writ of mandamus commanding the 3[rd] respondent Commissioner of Entrance Examinations to include the name of W.P.(C)No.4975 of 2021(V) -6- KMCT College of Pharmacy, in the list of institutions in the Centralised Allotment Process, for accommodating students for B.Pharm course, for the academic year 2020-21. In that writ petition, the petitioner has also sought for other consequential reliefs. 6. On 20.11.2020, when W.P.(C)No.21929 of 2020 came up for consideration, the petitioner produced Ext.P6 University order dated 16.10.2020 granting provisional affiliation for B.Pharm course in KMCT College of Pharmacy, for the academic year 2020-21, with an annual intake of 60 students. On 23.10.2020, when that writ petition came up for consideration, the learned Government Pleader, on instructions, submitted that the name of KMCT College of Pharmacy, will be included in the next allotment for B.Pharm course, by the 3[rd] respondent Commissioner of Entrance Examinations. Recording the above submission made by the learned Government Pleader that writ petition was disposed of by Ext.P7 judgment dated 23.10.2020. 7. Much after the disposal of W.P.(C)No.21929 of 2020, the petitioner filed Ext.P10 representation dated 16.02.2021 before the Registrar of the 1[st] respondent University for increasing the annual intake of B.Pharm course in KMCT College of Pharmacy, from 60 to W.P.(C)No.4975 of 2021(V) -7- 100 students, for the academic year 2020-21, since the approval granted by the Pharmacy Council of India in Ext.P1 is for B.Pharm course with an annual intake of 100 students. In Ext.P10 it is stated that the petitioner has already arranged facilities to start B.Pharm course with an annual intake of 100 students. Therefore, the 1[st] respondent University is requested to conduct an inspection and process the application made by the petitioner for increasing the annual intake of B.Pharm course, without waiting for four years, as the Pharmacy Council of India has granted approval to start B.Pharm course with an annual intake of 100 students. 8. In paragraph 18 of the writ petition it is averred that, due to an oversight, in Ext.P5 application the petitioner applied for an intake of only 60 seats in B.Pharm course, for the academic year 2020-21. The request made by the petitioner in Ext.P5 application for increasing the annual intake in B.Pharm course from 60 to 100 students stands rejected by Ext.P11 communication dated 19.02.2021 of the 1[st] respondent University, wherein it is stated that, as per norms, for increasing the sanctioned intake the first batch of the existing course has to pass out. 9. Section 12 of the Pharmacy Act, 1948 deals with approved courses of study and examinations. As per sub-section W.P.(C)No.4975 of 2021(V) -8- (1) of Section 12, any authority in a State which conducts a course of study for pharmacists may apply to the Central Council for approval of the course, and the Central Council, if satisfied, after such enquiry as it thinks fit to make, that the said course of study is in conformity with the Education Regulations, shall declare the said course of study to be an approved course of study for the purpose of admission to an approved examination for pharmacists. 10. In exercise of the powers conferred by Sections 10 and 18 of the Pharmacy Act, 1948, the Pharmacy Council of India, with the approval of the Central Government made the Bachelor of Pharmacy (B.Pharm) Course Regulations, 2014. As per Regulation 3, the duration of B.Pharm course shall be four academic years (annual/semester) full time with each academic year spread over a period of not less than two hundred working days for annual pattern and hundred working days for each semester. As per subregulation (1) of Regulation 9, no person, institution, society, trust or university shall start and conduct B.Pharm programme without the prior approval of the Pharmacy Council of India. 11. As per sub-regulation (2) of Regulation 9 of the Course Regulations, 2014, any person or pharmacy college for the purpose of obtaining permission under sub-section (1) of section 12 of the W.P.(C)No.4975 of 2021(V) -9- Pharmacy Act, shall submit a scheme as may be prescribed by the Pharmacy Council of India. As per clause (3) of Regulation 9, the scheme referred to in sub-regulation (2) above, shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed As per the proviso to Regulation 9, the Pharmacy Council of India shall not approve any institution under these regulations unless it provides adequate arrangements for teaching in regard to building, accommodation, labs, equipment, teaching staff, non-teaching staff, etc., as specified in Appendix A to these regulations. 12. Appendix A of the Course Regulations, 2014 deals with conditions to be fulfilled by the academic training institution. As per Para.1 of Appendix A, any authority or institution in India applying to the Pharmacy Council of India for approval of courses of study for B.Pharm under sub-section (1) of section 12 of the Pharmacy Act shall comply with the infrastructural facilities as prescribed by the Pharmacy Council of India from time to time. As per Para.2, B.Pharm programme shall be conducted only in those institutions which are approved by the Pharmacy Council of India for B.Pharm course as provided under Section 12 of the Pharmacy Act. Para.3 of Appendix A deals with teaching staff requirement. Para.3(iii) deals W.P.(C)No.4975 of 2021(V) -10- with division/department-wise requirement of teaching staff for 60 admissions and that for 100 admissions. Para.4 of Appendix A deals with non-teaching staff; Para.5 deals with accommodation; and Para.6 deals with equipment and apparatus. 13. In **Maa Vaishno Devi Mahila Mahavidyalaya v. State of UP [(2013) 2 SCC 617]** the Apex Court, in the context of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2009 held that, grant of recognition or affiliation to an institute is a condition precedent to running of the courses by the Institute. If either of them is not granted to the institute, it would not be in a position to commence the relevant academic courses. In terms of sub-section (6) of Section 14 of the National Council for Teacher Education Act, 1993 the examining body shall grant affiliation to the institute where recognition has been granted. In other words, granting recognition is the basic requirement for grant of affiliation. It cannot be said that affiliation is insignificant or a mere formality on the part of the examining body. 14. In **University of Calicut v. Amala Institute of Medical Sciences [2009 (2) KHC 71]** a Division Bench of this Court held that, University is having ample power to inspect the W.P.(C)No.4975 of 2021(V) -11- college seeking affiliation and that, the institution is bound to furnish any information called for in this regard. The University is vested with the power to conduct necessary inspection and to satisfy itself as to the availability of infrastructure and such other aspects. As the primary function of the University is to guarantee quality education, maintaining/regulating academic standards of the affiliated institutions, it is open for the University to prescribe conditions for recognition of the institutions, which is not in conflict with the norms prescribed by the Indian Nursing Council under the Central Act. As such, the contention of the petitioners that the University is bound to ‘sign on the dotted lines’ for granting affiliation, the petitioners having obtained sanction/approval from the Central/State Council, is wrong and unfounded. 15. In **Principal, Upasana College of Nursing v. Kerala University of Health and Allied Sciences [2010 (4) KHC 224]** this Court held that, granting of affiliation by the University is not an automatic exercise once sanction/ permission is obtained from Indian Nursing Council/Kerala Nurses & Midwives Council. Interference was declined and the writ petitions preferred by the concerned institutions were dismissed as devoid of any merit. The matter was taken up in appeal by the aggrieved institutions. After W.P.(C)No.4975 of 2021(V) -12- detailed hearing, the Division Bench, vide judgment dated 13.10.2010 in W.A. No. 1715 of 2010 and connected cases, held that the process of affiliation is not automatic. It is not an empty formality by the University. The University which awards the degree can always ensure that students undergo proper course of study in an eligible institution in accordance with the curriculum prescribed by the University. 16. In **KVM Trust v. Kerala University of Health & Allied Sciences [2011 (4) KHC 948]** [W.A. No. 1528 of 2011 arising out of W.P.(C) No. 26443 of 2011] the appellant contended, inter alia, that once the Indian Nursing Council and the State Nurses and Midwives Council accorded permission for the intake of 50 students, the University has no authority to restrict the intake to a lesser number. The Division Bench, relying on the decisions in **Amala Institute of Medical Sciences [2009 (2) KHC 71]** and **Upasana College of Nursing [2010 (4) KHC 224]** and also the Regulations of the Indian Nursing Council held that the permission accorded by the Indian Nursing Council is basing upon a prima facie satisfaction of the availability of the infrastructure facilities and it is for the State Council to accord its permission as well as the University to conduct inspection and satisfy the availability of the W.P.(C)No.4975 of 2021(V) -13- infrastructure facilities for running the course before granting affiliation. Therefore, the Division Bench upheld the finding of the learned Single Judge that granting affiliation is not an empty formality. 17. In the instant case, though the Pharmacy Council of India, by Ext.P1 granted approval to the petitioner Trust for starting 1[st] year B.Pharm course in KMCT College of Pharmacy, for the academic year 2020-21, with an intake of 100 students, the petitioner has chosen to file Ext.P5 application before the 1[st] respondent University seeking affiliation for conducting B.Pharm course, for the academic year 2020-21, with an intake of only 60 students. The list of the faculties for conducting B.Pharm course with an intake of 60 students was also furnished in Ext.P5 application. Based on the report of the Inspection Commission, the recommendation of the Scrutiny Committee and the sanction accorded by the Vice Chancellor, the 1[st] respondent University by Ext.P6 order granted provisional affiliation to the petitioner's college for starting B.Pharm course, for the academic year 202021, with an intake of 60 seats, subject to the conditions stipulated therein. W.P.(C)No.4975 of 2021(V) -14- 18. Section 23 of the Kerala University of Heath Sciences Act, 2010 deals with powers of the Governing Council. As per clause (v) of Section 23, the Governing Council shall, subject to the provisions of the Act, exercise the powers to affiliate medical institutions in accordance with the terms and conditions of such affiliation provided by the Act and Statutes. Section 25 of the Act deals with powers of Academic Council. As per clause (xviii) of Section 25, the powers and duties of the Academic Council shall be to prescribe norms for granting affiliation, continuation of recognition, extension of recognition to institutions of higher learning and research for specialised studies; and as per clause (xix) to grant affiliation to colleges or institutions in accordance with the provisions of the Statutes, Ordinances and Regulations. 19. Section 50 of the Kerala University of Health Sciences Act, 2010 deals with affiliation and recognition. As per sub-section (1) of section 50 of the Act, the University shall affiliate all the professional medical or other colleges or institutions imparting education in Modern Medicine, Dental, Ayurveda, Homoeopathy, Siddha, Unani, Yoga, Naturopathy, Nursing, Pharmacy and other paramedical and allied subjects, owned by Government of Kerala or Government controlled societies, private aided and private unaided W.P.(C)No.4975 of 2021(V) -15- self-financing educational agencies, which, before the date of commencement of this Act remained affiliated to the different Universities (except Deemed Universities) in the State of Kerala. 20. In exercise of the powers under sub-section (1) of Section 41 of the Kerala University of Health Sciences Act, 2010, the Government of Kerala made the Kerala University of Health Sciences First Statutes, 2013. Chapter XXI of the First Statutes, 2013 deals with affiliation of colleges. Statute 2 deals with date of application. As per Statute 2, applications for affiliation of a college or for affiliation in additional subjects or affiliation for enhancement of seats or for consent of affiliation shall be addressed to the Registrar, and shall be forwarded to him on or before the date fixed by the University from time to time. Statute 3 deals with form of application; Statute 4 deals with application for additional affiliation; etc. 21. Statute 10 of Chapter XXI of the First Statutes, 2013 deals with grant of affiliation. As per Statute 10(1), the University may appoint a commission to inspect the proposed site of a new college/or to make a physical verification of the facilities that may exist for starting the new college/course, if the application is considered favorably by the University. The commission will inspect W.P.(C)No.4975 of 2021(V) -16- the suitability of the proposed site, verify the title deeds as regards proprietary right of the Management over the land (and buildings, if any) offered, building accommodation provided, if any, assets of the Management, constitution of the registered body, capability of maintaining academic standards and all other relevant matters. Further action on the application shall be taken on the receipt of the report of the commission. As per Statute 10(2), the grant of affiliation shall depend upon the fulfillment by the Management of all the conditions that are specified here or that may be specified later for the satisfactory establishment and maintenance of the proposed institution/ courses of studies and on the reports of inspection by the commission or commissions which the University may appoint for the purpose. As per Statute 10(3), unless all the conditions are fulfilled, before the commencement of the academic year, no new college/or additional courses/or enhancement of seats shall be permitted to be started during that year. 22. In **Secretary, Perpetual Succour Charitable Trust, Maradu v. Kerala University of Health Sciences [2016 (3) KLT 608]** this Court noticed that, Section 23 of the Kerala University of Heath Sciences Act, 2010 deals with the powers of the Governing Council and clause (v) of Section 23 speaks of affiliation W.P.(C)No.4975 of 2021(V) -17- of medical institutions in accordance with the terms and conditions of affiliation provided by the Act and Statutes. Section 25 of the Act deals with powers and duties of the Academic Council, giving it the authority to provide norms, inter alia, for granting affiliation and also to grant such affiliation to individual colleges or institutions in accordance with the provisions of the Statutes, Ordinances and Regulations. Statute 10 of the Kerala University of Heath Sciences First Statutes, 2013 provides the procedure for grant of affiliation. Statute 10(2) specifically speaks of fulfillment by the management of all conditions that are specified here or that may be specified later for the satisfactory establishment and maintenance of the proposed institution/course of studies and on the reports of inspection by the commission or commissions, which the University may appoint for the purpose. If it was the intention of the Statute maker that a condition of affiliation could be made only by an amendment to the Statutes, then there was no need to use the words 'that may be specified later'. Any amendment made would definitely form a part of the Statute and acquire the character of a statutory mandate, even without the said words, since, already whatever specified in the Statute has to be fulfilled by the Management for grant of affiliation; by the first limb of the W.P.(C)No.4975 of 2021(V) -18- provision in the First Statutes. No words used in a Statute could be rendered redundant and it is with a specific purpose that a Statute is framed in a particular manner and employing such words as the Statute maker uses; which indicates the intention. What is 'specified later'; indicates any specification, for the satisfactory establishment and maintenance of the proposed institution/courses of studies and it can be based on the reports by a commission or commissions, which the University may appoint for the purpose. This takes in an individual inspection of a college or the appointment of a commission to deal with academic matters and prescribe standards; as held above, for better and quality education. Therefore, this Court did not countenance the argument of the learned Senior Counsel that only a statutory amendment would clothe the University with the power to make such a prescription. 23. In **Perpetual Succour Charitable Trust** , the petitioner has approached this Court, feeling aggrieved with the insistence of the Kerala University of Heath Sciences, requiring a 300 bedded hospital for sanctioning a nursing college. Ext.P3 is the guidelines of minimum requirements for establishing a nursing college for conducting a graduate course, issued by the Indian Nursing W.P.(C)No.4975 of 2021(V) -19- Council, which requires only a 100 bedded own hospital as an eligibility condition to establish the graduate course. However Ext.P4 decision of the University prescribes a 300 bedded hospital as a preliminary requirement which goes against Ext.P3 prescription by the Apex Council. The petitioner contended that, without such prescription in the Act, Statute, Ordinances or Regulations, the Governing Council cannot prescribe such a condition. The University would be free to amend its Statutes and Ordinances, but till such time an amendment is brought in, making the minimum eligibility conditions a statutory mandate, there could be no norm insisted upon in violation of that prescribed. The Apex Council having been entrusted with the duty of providing for the standards of education, the University cannot prescribe any other condition in violation of the essential requirements as prescribed by the Indian Nursing Council. Repelling that contention, this Court held that, admittedly, the Nursing Council has prescribed a 100 bedded hospital as an essential requirement for establishing a graduate course in nursing. The University has not attempted any dilution of such standards and has provided a further rigour in demanding a prior requirement of a 300 bedded hospital. It is trite that only a lowering of standard by the University or the State; of W.P.(C)No.4975 of 2021(V) -20- the standard prescribed by the Apex Council, would be considered as a violation or derogation of the standards so prescribed. An enhancement of standards, aimed at providing better and quality education, cannot be said to be in derogation or violative of the norms. The said proposition is well settled by the decisions of the Apex Court in **Ambesh Kumar v. Principal, L.L.R.M. Medical College, Meerut [(1986) Supp SCC 543]** , **Dr. Preeti Srivastava v. State of M.P. [(1997) 7 SCC 120]** , **State of T.N. v. S.V. Bratheep [(2004) 4 SCC 513]** and **Visveswaraiah Technological University v. Krishnendu Halder [(2011) 4 SCC 606]** . 24. In **Chief Executive Trustee, Lissie Medical and Educational Institutions v. Kerala University of Health Sciences and others [MANU/KE/3595/2020]** [Judgment dated 22.12.2020 in W.P.(C)No.27086 of 2020] this Court noticed that, Para.6 of academic norms dated 17.05.2013 [Annexure R1B in that writ petition] for granting provisional affiliation to colleges and courses and for continuation of provisional affiliation deals with increase of seats. As per Para.6(2) of the academic norms, for increase of seats, at least the first batch has passed out of the applicant college and the college is approved as a professional W.P.(C)No.4975 of 2021(V) -21- teaching institution by Government of India, through Gazette notification. As per Para.6(3), for increase of seats, the final year result of the previous batch in applicant college is 60% or above; or above the University average. Based on decision No.24.09 taken by the Governing Council of the University on 30.03.2015, it was decided to change the existing clause for granting of new courses/enhancement of seats as 'the average of pass percentage of regular examinations of all batches of the institution shall be 50% or above at the time of processing of the application". Pursuant to that decision, the Registrar of the University has issued an order dated 16.04.2015 [Annexure R1C]. The Governing Council of the University, by virtue of its powers under Section 41 of the Kerala University of Heath Sciences Act, 2010, with the approval from the Government of Kerala, has amended Chapter XXI of the Kerala University of Heath Sciences First Statutes, 2013 regarding affiliation of colleges, at its meeting held on 26.08.2019. The amendments were assented to by the Chancellor on 02.12.2019. Annexure R1A is a copy of the relevant extract of the amended Statute along with Notification No.2035/AC-H/2015/KUHS dated 24.02.2020 of the Registrar of the University. Statute 5 deals with the procedure to be adopted in granting affiliations. As per Statute W.P.(C)No.4975 of 2021(V) -22- 5(ii)(v), in the case of additional courses and/or enhancement of seats, the college shall satisfy the condition that first batch of the courses in the institution under the same stream shall be passed out and the details of the average pass percentage of previous regular examinations of all existing batches of the same course at the time of submitting the application and a declaration that the percentage is not below the minimum prescribed by the Governing Council in the notification issued by the University for the purpose of the addition/enhancement concerned. In view of the provisions under clause (vi) of Sub-section (3) of Section 41 of the Kerala University of Heath Sciences Act, the Statute passed by the Governing Council shall come into force once assented to by the Chancellor. Therefore, though Ext.R1A notification is yet to be published in the Official Gazette, the University is acting upon the amended Statute to the extent possible. 25. In the instant case, Ext.P5 online application made by the petitioner Trust, on 03.09.2020, before the 1[st] respondent University, is one seeking affiliation for conducting B.Pharm course for the academic year 2020-21, with an annual intake of only 60 students. Based on that application, the 1[st] respondent University by Ext.P6 order dated 16.10.2020 granted provisional affiliation to W.P.(C)No.4975 of 2021(V) -23- the petitioner's college for starting B.Pharm course for the academic year 2020-21, with an intake of 60 students as applied for. The provisions under the First Statutes, 2013 provides for application for affiliation of a college/additional subjects/ enhancement of seats, on or before the date fixed by the University from time to time, in the prescribed format. Therefore, once affiliation is granted by the 1[st] respondent University for starting B.Pharm course in the petitioner's college with an annual intake of 60 students, for the academic year 2020-21, based on Ext.P5 application made in the prescribed format, the petitioner Trust cannot approach the University with another request for increase/enhancement of intake in B.Pharm course, for the very same academic year, i.e., 2020-21. 26. By Ext.P11 communication dated 19.02.2021 issued by the 1[st] respondent University, which is under challenge in this writ petition, the request made by the petitioner in Ext.P10 representation for increasing the intake in B.Pharm course, from 60 to 100 seats, for the academic year 2020-21, stands rejected on the ground that, as per norms, for increasing the sanctioned intake the first batch of the existing course has to pass out. The reasoning of the 1[st] respondent in Ext.P11 is neither perverse nor patently W.P.(C)No.4975 of 2021(V) -24- illegal, warranting interference in exercise of writ jurisdiction under Article 226 of the Constitution of India. 27. In such circumstances, the petitioner is not entitled for any of the reliefs sought for in this writ petition. In the result, the writ petition fails and the same is accordingly dismissed. No order as to costs. **Sd/-** **ANIL K.NARENDRAN, JUDGE** AV/ W.P.(C)No.4975 of 2021(V) -25- ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE AFFILIATION GRANTED BY THE PHARMACY COUNCIL OF INDIA DATED 10.4.2020** **EXHIBIT P2 TRUE COPY OF THE AFFILIATION GRANTED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION DATED 30.6.2020 TO THE PETITIONER.** **EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WRIT PETITION NO.16791/2020 DATED 13.8.2020 EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WRIT PETITION NO.16791/2020 DATED 25.8.2020 EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 3.9.2020 SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE AFFILIATION ORDER DATED 16.10.2020 ISSUED BY THE KERALA HEALTH SCIENCE UNIVERSITY EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WRIT PETITION NO.21929/2020 DATED 23.10.2020 EXHIBIT P8 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 27.1.2021 EXHIBIT P9 TRUE COPY OF THE LETTER DATED 8.12.2020 ISSUED BY MINISTRY OF AYURVEDA, YOGA, NATUROPATHY, SIDHA AND HOMEOPATHY. EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 16.2.2021** W.P.(C)No.4975 of 2021(V) -26- **EXHIBIT P11** **TRUE COPY OF THE COMMUNICATION DATED 19.2.2021 ISSUED BY THE 1ST RESPONDENT.**