High Court of KeralaSingle Judge2020-11-17Writ petition disposed with directions to KUHS ...

W.P.(C) No.5297 of 2020 (J) - Adheena Joemon, Nileena V.R. and Maneesha V.Manikuttan v State of Kerala and others

Case / Petition Number:W.P.(C) No.5297 of 2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anil K. Narendran
Judgment Date: 2020-11-17
Court Decision / Holding: Directed KUHS to consider and pass orders on Exts. P4 and P5 with notice to an authorized representative of the 6th respondent college, within three weeks from receipt of a certified copy of the judgment, and left open the question of whether such consideration can occur without a Government NOC, to be decided by KUHS at the time of consideration. The decision is to be made strictly in accordance with law, reinforcing the principle that mandamus cannot compel illegal action.
Final Disposition: Writ petition disposed with directions to KUHS to consider Exts. P4 and P5 within three weeks, with notice to the college, and to decide on the Government NOC issue at the time of consideration, in strict accordance with law.

Parties to the Case

Appellants / Petitioners

ADHEENA JOEMON
NILEENA V.R.
MANEESHA V.MANIKUTTAN

Respondents

State of Kerala represented by Secretary to Government, Higher Education Department, Government Secretariat, Thiruvananthapuram, PIN 695001
Secretary to Government, Health and Family Welfare Department, Government Secretariat, Thiruvananthapuram, PIN 695001
Kerala University of Health Sciences (KUHS), Thrissur, represented by its Registrar
Mahatma Gandhi University, Thrissur, represented by its Registrar
Centre for Professional and Advanced Studies (CPAS), Kottayam, represented by its Director
School of Medical Education, Kottayam, represented by its Principal

Legal Representation & Advocates

Counsels for Petitioners

• Sri.Thomas M.Jacob
• Sri.Akhil K.Madhav
• Sri.T.R.Jerry Sebastian
• Sri.V.Prashanth

Counsels for Respondents

• Sri.P.C.Sasidharan, Standing Counsel
• Sri.Sunil Nath N.B., Government Pleader

Case Synopsis & Summary

This writ petition (Article 226) challenges the decision framework for affiliating the 6th respondent college of Medical Microbiology/Biochemistry with the Kerala University of Health Sciences (KUHS). The petitioners, current students in the 6th respondent college, seek a mandamus directing KUHS to affiliate the college under Section 50 of the KUHS Act, 2010, and to recognise the courses that were transferred to KUHS. They also contend that there is no requirement for a Government no-objection certificate for courses taught in colleges statutorily affiliated to KUHS under Section 50. The court records that Exts. P4 and P5—applications dated 24.06.2019 for M.Sc. Medical Biochemistry and M.Sc. Medical Microbiology—formed the core of the reliefs. After hearing the parties, the court disposed of the petition by directing KUHS to consider and pass orders on Exts. P4 and P5, with notice to a representative of the college, within three weeks. It clarified that whether such consideration could proceed without Government NOC would be decided by KUHS at the time of consideration. The decision rests on the principle that mandamus cannot compel acts contrary to law, as reiterated from Supreme Court authority.

Provisions of Law Cited

Article 226 of the Constitution of IndiaSection 50 of the Kerala University of Health Sciences Act, 2010

Legal Doctrines & Maxims

No mandamus can be issued to direct an authority to do something which is contrary to law.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petition seeks a writ of mandamus to affiliate the 6th respondent college with KUHS under Section 50 of the KUHS Act, 2010, and recognition of courses transferred under KUHS. The petition argues there is no legal requirement for a Government No Objection Certificate for subjects taught in colleges statutorily affiliated to KUHS under Section 50. Exts. P4 and P5 (applications dated 24.06.2019 for M.Sc. Medical Biochemistry and M.Sc. Medical Microbiology) should be considered in accordance with law, and the petitioners seek expeditious action on these applications.

Contentions of Respondents

The respondents highlight that any affiliation must be considered strictly in accordance with law. The court cannot compel action contrary to law; the Government NOC issue (if required) must be decided by the KUHS at the time of consideration of Exts. P4 and P5. The matter requires careful, lawful processing of affiliation applications with due procedure, and the state actors should adhere to statutory requirements and established legal principles.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
State of U.P. and others v. Harish Chandra and others	1996 (9) SCC 309	Positive	Cited and applied to support the proposition that mandamus cannot direct an authority to act contrary to law.
Bhaskara Rao A.B. v. Inspector of Police, CBI, Visakhapatnam	2011 (10) SCC 259	Positive	Repeated the same principal, reinforcing the no-mandamus-to-contrary-to-law doctrine.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942** ## **WP(C).No.5297 OF 2020(J)** ## **PETITIONER/S:** |**1**|**ADHEENA JOEMON, AGED 19 YEARS**| |---|---| ||**D/O.JOEMON BENJAMIN, RESIDING AT DREAM VILLA,**| ||**DREAM LAND, NETHAJI ROAD, PADAVARAD, OLLUR**| ||**P.O., TRICHUR, PIN - 680 306.**| |**2**|**NILEENA V.R., AGED 21 YEARS**| ||**D/O.RAJEEVAN V.,VELUTHEDATH HOUSE, PAYYOLI**| ||**ANGADI P.O., KOZHIKODE DISTRICT, PIN - 673**| ||**523.**| |**3**|**MANEESHA V.MANIKUTTAN, AGED 23 YEARS**| ||**D/O.V.N.MANIKUTTAN, VETTIKATTUKULAM, KUMARAKAM**| ||**P.O., KOTTAYAM DISTRICT, PIN - 686 563.**| ||**BY ADVS.**| ||**SRI.THOMAS M.JACOB**| ||**SRI.AKHIL K.MADHAV**| ||**SRI.T.R.JERRY SEBASTIAN**| ||**SRI.V.PRASANTH**| ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.** - **2 THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, ROOM NO.216, 3RD FLOOR, NORTH SANDWICH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.** -2- W.P.(C) No.5297 of 2020 - **3 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS), MEDICAL COLLEGE P.O., THRISSUR, PIN - 680 596, REPRESENTED BY ITS REGISTRAR.** - **4 THE MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM, PIN - 686 560, REPRESENTED BY ITS REGISTRAR.** - **5 THE CENTRE FOR PROFESSIONAL AND ADVANCED STUDIES (CPAS), GANDHI NAGAR P.O., KOTTAYAM, PIN - 686 008, REPRESENTED BY ITS DIRECTOR.** - **6 THE SCHOOL OF MEDICAL EDUCATION, GANDHI NAGAR P.O., KOTTAYAM, PIN - 686 008, REPRESENTED BY ITS PRINCIPAL.** ## **R3 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** ## **OTHER PRESENT:** **SRI P.C.SASIDHARAN-STANDING COUNSEL ; SRI SUNIL NATH N.B- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- W.P.(C) No.5297 of 2020 ## **JUDGMENT** The 1[st] petitioner is studying in the 6[th] respondent College for 2[nd] year B.Sc. Medical Microbiology course; the 2[nd] petitioner for 1[st] year M.Sc. Medical Microbiology course and the 3[rd] petitioner for 1[st] year M.Sc. Medical Biochemistry course. The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 3[rd] respondent University to affiliate the 6[th] respondent college, under Section 50 of the Kerala University of Health Sciences Act, 2010, within a time frame to be fixed by this Court; a declaration that there is no requirement for no objection certificate from the Government for any of the subjects/courses being taught in colleges/educational institutions that are statutorily affiliated to 3[rd] respondent University under Section 50 of the Kerala University of Health Sciences Act, 2010; and a writ of mandamus commanding the 3[rd] respondent University to duly recognise the courses of the petitioners in 6[th] respondent college that got transferred under the 3[rd] respondent University as per section 50 of the Kerala University of Health -4- W.P.(C) No.5297 of 2020 Sciences Act, 2010. 2. On 25.02.2020, when this writ petition came up for admission, the learned Government Pleader took notice for respondents 1 and 2. The respective Standing Counsel took notice for the 3[rd] respondent University; the 4[th] respondent University and also for respondents 5 and 6. 3. Heard the learned counsel for the petitioners, the learned Government Pleader and also the respective Standing Counsel for respondents 3 to 6. 4. During the course of arguments, the learned counsel for the petitioners would confine the reliefs sought for in this writ petition is one directing the 3[rd] respondent University to consider and take appropriate decision on Ext.P4 application dated 24.06.2019 in relation to M.Sc. Medical Biochemistry course and Ext.P5 application dated 24.06.2019 in relation to M.Sc. Medical Microbiology course made by the 6[th] respondent College seeking affiliation. 5. Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 3[rd] respondent to consider and pass orders on -5- W.P.(C) No.5297 of 2020 Exts.P4 and P5 applications made by the 6[th] respondent, with notice to an authorised representative of the 6[th] respondent college, as expeditiously as possible at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment. The question as to whether such an application can be considered without a no objection certificate from the Government is left open to be decided by the 3[rd] respondent, at the time of consideration of those applications. It is made clear that, the directions contained in this judgment is to consider those applications strictly in accordance with law, since, as held by the Apex Court in **State of U.P and others v. Harish Chandra and others [1996 (9) SCC 309]** no mandamus can be issued to direct an authority to do something which is contrary to law. The said principal is reiterated by the Apex Court in **Bhaskara Rao A.B v. Inspector of Police CBI, Visakhapatanam [2011 (10) SCC 259]** . sd/- ## **ANIL K.NARENDRAN JUDGE** das -6- W.P.(C) No.5297 of 2020 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LETTER NO.12/CPAS/AFFILIATION/2017 DATED 14/6/2019 FROM 5TH RESPONDENT SEEKING NOC FROM DEPARTMENT OF HIGHER EDUCATION. EXHIBIT P2 TRUE COP OF CONDITIONAL PROVISIONAL AFFILIATION NO.8603/AC II/PM/A1/2017 DATED 13/11/2017 ISSUED BY 3RD RESPONDENT TO THE 6TH RESPONDENT FOR STARTING B.SC.MEDIAL MICROBIOLOGY COURSE DURING THE ACADEMIC YEAR 20172018. EXHIBIT P3 TRUE COPY OF PROVISIONAL AFFILIATION NO.2732/ACA 7/2019/MGU DATED 19.06.2019 ISSUED BY 5TH RESPONDENT TO THE 6TH RESPONDENT FOR FIVE COURSES STATED THEREIN FOR ACADEMIC YEAR 20182019. EXHIBIT P4 TRUE COPY OF APPLICATION NO.PAS/2019/57 DATED 24.06.2019 IN RESPECT OF M.SC MEDICAL BIOCHEMISTRY. EXHIBIT P5 TRUE COPY OF APPLICATION NO.PAS/2019/56 DATED 24.06.2019 IN RESPECT OF M.SC MEDICAL MICROBIOLOGY. EXHIBIT P6 TRUE COPY OF GO(MS)NO.286/2019/HEDN DATED 09.08.2019 GRANTING NOC BY GOVERNMENT OF KERAL THROUGH THE HIGHER EDUCATION DEPARTMENT. EXHIBIT P7 TRUE COPY OF LETTER NO.11077/2019/ACII/PMA1/KUHS DATED 29.08.2019 FROM THE 3RD RESPONDENT SEEKING NOC FROM THE HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA FOR THE COURSE OF M.SC MEDICAL MICROBIOLOGY.** -7- W.P.(C) No.5297 of 2020 ## **EXHIBIT P8** **TRUE COPY OF LETTER NO.11078/2019/ACII/PM/A1/KUHS/2019 DATED 02.09.2019 FROM THE 3RD RESPONDENT SEEKING NOC FROM HEALTH AND FAMILY WELFARE DEPARTMENT FOR THE COURSE OF M.SC MEDICAL BIOCHEMISTRY.** - **EXHIBIT P9 TRUE COPY OF LETTER NO.12/SME/GNR/AD1/KUHS/2019 DATED 29.08.2019 FROM 6TH RESPONDENT TO 5TH RESPONDENT.** - **EXHIBIT P10 TRUE COPY OF ORDER NO.4243/AC/A7/2019/MGU DATED 04.09.2019 ALONG WITH THE RELEVANT PAGE FROM THE LIST OF COLLEGES, ISSUED BY 4TH RESPONDENT.** - **EXHIBIT P11 TRUE COPY OF SHOW CAUSE NOTICE NO.15602/ACII/PM/A1/KUHS/2017 DATED 01.10.2019.** - **EXHIBIT P12 TRUE COPY OF EXPLANATION DATED 18.10.2019 FROM THE PRINCIPAL OF 6TH RESPONDENT TO THE 3RD RESPONDENT.** - **EXHIBIT P13 TRUE COPY OF LETTER NO.12/CPAS/AFFILIATION/2017 DATED 11.12.2019 FROM 5TH RESPONDENT TO THE 2ND RESPONDENT.** - **EXHIBIT P14 TRUE COPY OF GO(RT) NO.291/2020/H & FWD DATED 12.02.2020 GRANTING NOC FROM GOVERNMENT OF KERALA FOR CONDUCTING M.SC MEDICAL MICROBIOLOGY AND M.S.C BIOCHEMISTRY IN MALABAR CANCER CENTRE, THALASSERI.** **EXHIBIT P15 TRUE COPY OF RELEVANT PAGE OF NOTIFICATION NO.F.501/2013(CPP-II) PUBLISHED IN GAZETTE OF INDIA, NO.27 DATED 11.07.2014 (PART III-SECTION 4) UNDER SECTION 22(3) OF UNIVERSITY GRANTS COMMISSION ACT.** -8- W.P.(C) No.5297 of 2020 **EXHIBIT P16 TRUE COPY OF NOTIFICATION NO.MCI211(2)(GEN.)/2019-ETHICS/186511 DATED 03.02.2020 OF THE MEDICAL COUNCIL OF INDIA.**