High Court of KeralaDivision Bench2021-01-28Writ petitions allowed; admissions up to 15-09-...

W.P.(C) Nos.3501/2020 & connected cases

Case / Petition Number:WP(C).No.3501/2020 (K) & conn. cases

Neutral Citation:/

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A.M. Shaffique
Gopinath P.
Judgment Date: 2021-01-28
Court Decision / Holding: The writ petitions are allowed. The University shall register all students who were admitted to the Pharmacy courses on or before 15-09-2019. For those who had already written examinations, their results shall be published. The impugned orders shall stand modified to reflect these terms. The University shall undertake registration and related steps in accordance with law.
Final Disposition: Writ petitions allowed; admissions up to 15-09-2019 to be regularised; results to be published; impugned orders modified accordingly.

Parties to the Case

Appellants / Petitioners

Hindustan College of Pharmacy
Noorul Islam Trust
EZHUTHACHAN College of Pharmacy
Dr. Joseph Mar Thoma Institute of Pharmaceutical Sciences and Research
Malik Deenar College of Pharmacy
KVM College of Pharmacy
St. Johns College of Pharmaceutical Sciences and Research
Rajiv Gandhi Institute of Pharmacy
EZHUTHACHAN College of Pharmacy (2120)

Respondents

Admission and Fee Regulatory Committee
Kerala University of Health Sciences

Legal Representation & Advocates

Counsels for Petitioners

• KURIAN GEORGE KANNANTHANAM (SR.)
• TONY GEORGE KANNANTHANAM
• THOMAS GEORGE
• P.M.SANEER
• ARUN CHANDRAN
• RIJI RAJENDRAN
• NISHA GEORGE
• J.VISHNU
• AKSHAY V NAIR
• GEORGE POONTHOTTAM (SR.)

Counsels for Respondents

• MARY BENJAMIN
• P.SREEKUMAR

Case Synopsis & Summary

These writ petitions, heard together, challenge orders of the Admission Supervisory Committee that kept in abeyance admissions to pharmacy courses for students admitted after 31-08-2019. Kerala University of Health Sciences (KUHS) had, by circular dated 05.09.2019, extended admission and registration for Pharmacy colleges until midnight of 15.09.2019. The Committee, while considering regularisation, referred to the interim Supreme Court order in SLP(C) No.40401/2019 and, noting the stay on certain operations, observed that Apex Court had extended time for Pharmacy admissions only up to 31.08.2019, so admissions after that date were kept in abeyance pending a final decision. The petitioners rely on the Pharmacy Act and the decision in The Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts (Manu/SC/0531/2020), which held AICTE Act does not apply to Pharmacy courses, and contend that the 31.08.2019 cutoff is not applicable where Pharmacy regulation is concerned. They argue there was no fixed cutoff by the Pharmacy Council and that KUHS’s extension to 15.09.2019, coupled with interim Supreme Court orders, should permit regularisation of admissions and publication of results for those admitted on or before 15.09.2019. The court ultimately allows the petitions, directing registration of eligible students and publication of results, with modified impugned orders to reflect the above. The matter involves multiple colleges and connected petitions.

Provisions of Law Cited

All India Council for Technical Education Act (AICTE Act)Pharmacy ActPharmacy Council of India regulations

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend the admissions after 31-08-2019 were to be treated under the Pharmacy Act and Pharmacy Council guidance, not under the AICTE regime. They point to The Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts (Manu/SC/0531/2020), which held AICTE Act does not apply to Pharmacy courses, and to the absence of a fixed cutoff by the Pharmacy Council. They rely on KUHS’s 15-09-2019 cutoff fixed by a previous Court order, and on interim Supreme Court orders that restrained action post-31-08-2019, arguing that admissions up to 15-09-2019 should be regularised and results of those admitted up to that date published.

Contentions of Respondents

The respondents relied on AICTE Act considerations and interim stay orders that kept certain admissions in abeyance. They argued that the extension of admission timelines until 15-09-2019 was contingent on Apex Court orders and the interim stay in SLP(C) No.40401/2019, and that AICTE Act has a regulating effect unless expressly displaced by the Pharmacy Act. They contended that the pivots for admissions post-cutoff remained unresolved and required maintaining the abeyance until a final decision was rendered.

Cited Precedents (7)

Case Name	Citation	Treatment	Explanation
The Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts, Vidarbha Institute of Pharmacy and others	Manu/SC/0531/2020	Positive	Held that AICTE Act has no application to Pharmacy courses; Pharmacy Act governs admissions/registrations, supporting the petitioners’ approach.
Parswanath Charitable Trust v. All India Council for Technical Education	[(2013) 3 SCC 385]	Distinguished	Petitioners relied on AICTE applicability from Parswanath, but Toshniwal overrides, so Parswanath is distinguished.
W.A. No. 1686/2019	W.A.No.1686/2019	Positive	Court-directed cut-off date up to 15-09-2019; used to permit admissions up to that date.
W.A. No. 1693/2019	W.A.No.1693/2019	Mentioned Only	Referenced as related matter; not central to the dispositive.
W.A. No. 2084/2019	W.A.No.2084/19	Mentioned Only	Exhibit cited; not pivotal to the decision.
WP(C) No. 1434/2020	WP(C) No.1434/2020	Mentioned Only	Referenced earlier decision of this Court.
SLP(C) No. 40401/2019	SLP(C)40401/2019	Mentioned Only	Interim stay order referenced; not decisive for the final order.

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** ## **WP(C).No.3501 OF 2020(K)** ## **PETITIONER:** **HINDUSTAN COLLEGE OF PHARMACY, REPRESENTED BY ITS CHIARMAN,CHENAPPADY.P.O, ERUMELY, KOTTAYAM DISTRICT-686520.** **BY ADVS.** **SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE** ## **RESPONDENTS:** **1 THE ADMISSION AND FEE REGULATORY COMMITTEE, REPRESENTED BY ITS SECRETARY, M.P.APPAN ROAD,THYCAUD,TRIVANDRUM-695014. 2 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE.P.O,THRISSUR-680596, REPRESENTED BY ITS REGISTRAR.** **R1 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES R2 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3502/2020(K), WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J), WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -2- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** **WP(C).No.3502 OF 2020(K)** ## **PETITIONER:** **NOORUL ISLAM TRUST, RPERESENTED BY ITS CHAIRMAN, AL-AZHAR CAMPUS,PERUMPILLYCHIRA.P.O, THODUPUZHA-685605.** **BY ADVS.** **SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.P.M.SANEER SRI.TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** **1 THE ADMISSION AND FEE REGULATORY COMMITTEE, REPRESENTED BY ITS SECRETARY, M.P.APPAN ROAD, THYCAUD, TRIVANDRUM-695014. 2 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE.P.O,THRISSUR-680596, REPRESENTED BY ITS REGISTRAR.** **R1 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES R2 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J), WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -3- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** **WP(C).No.3683 OF 2020(I)** ## **PETITIONER:** **EZHUTHACHAN COLLEGE OF PHARMACY, MARAYAMUTTAM, NEYYATTINKARA, THIRUVANANTHAPURAM-695124, REPRESENTED BY ITS PRINCIPAL** **BY ADVS.** **SRI.GEORGE POONTHOTTAM (SR.) SRI.RIJI RAJENDRAN SMT.NISHA GEORGE** ## **RESPONDENTS:** **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES,, MULAMKUNNATHUKAVU, MEDICAL COLLEGE.P.O., THRISSUR DISTRICT-680596, REPRESENTED BY THE REGISTRAR** **2 THE ADMISSION SUPERVISORY COMMITTEE** **FOR MEDICAL EDUCATION IN KERALA, T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014, REPRESENTED BY THE CHAIRMAN** **R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K), WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J), WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -4- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** ## **WP(C).No.3686 OF 2020(I)** ## **PETITIONER:** **THE GENERAL SECRETARY, INDIRA GANDHI MEMORIAL TRUST, NELLIKKUZHI P.O., KOTHAMANGALAM - 686 691.** **BY ADVS.** **SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.P.M.SANEER SRI.TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** **1 THE ADMISSION AND FEE REGULATORY COMMITTEE, REPRESENTED BY ITS SECRETARY, M.P.APPAN ROAD, THYCAUD, TRIVANDRUM - 695 014. 2 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR - 680 596, REPRESENTED BY ITS REGISTRAR.** **R1 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES R2 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K), WP(C).3683/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J), WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -5- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** ## **WP(C).No.3688 OF 2020(I)** ## **PETITIONER:** **DR. JOSEPH MAR THOMA INSTITUTE OF PHARMACEUTICAL SCIENCES AND RESEARCH, PALLICAL P.O.KATTANAM-690 503, ALAPPUZHA DISTRICT,REPRESENTED BY ITS PRINCIPAL.** **BY ADVS.** **SRI.GEORGE POONTHOTTAM (SR.) SRI.ARUN CHANDRAN SRI.RIJI RAJENDRAN SMT.NISHA GEORGE** ## **RESPONDENTS:** - **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O.TRICHUR DISTRICT-680 596. REPRESENTED BY THE REGISTRAR.** **2 THE ADMISSION SUPERVISORY COMMITTEE, FOR MEDICAL EDUCATION IN KERALA, T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.** **R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K), WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J), WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -6- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** ## **WP(C).No.3690 OF 2020(I)** ## **PETITIONER:** **NASIFA SHERIN N., (MINOR)** **D/O. ABDUL NAZAR N., 1ST YEAR B-PHARM, MOULANA COLLEGE OF PHARMACY, ANGADIPPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322, KERALA STATE, REPRESENTED BY FATHER, ABDUL NAZAR N., S/O. KHADHAR HAJI N., AGED 44 YEARS, RESIDING AT NELLOLIL HOUSE, KURUKA P.O., KALPAKANCHERY VIA, MALAPPURAM-676 551.** **BY ADVS.** **SRI.GEORGE POONTHOTTAM (SR.) SRI.ARUN CHANDRAN SRI.RIJI RAJENDRAN SMT.NISHA GEORGE** ## **RESPONDENTS:** **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., TRICHUR DISTRICT-680 596 REPRESENTED BY THE REGISTRAR.** **2 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA, T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN. 3 THE PRINCIPAL MOULANA COLLEGE OF PHARMACY, ANGADIPPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322.** **R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K), WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J), WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -7- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** ## **WP(C).No.3691 OF 2020(J)** ## **PETITIONER:** **MALIK DEENAR COLLEGE OF PHARMACY, SEETHANGOLI, BELA POST, KASARAGOD DISTRICT-671321, REPRESENTED BY ITS PRINCIPAL** **BY ADVS.** **SRI.GEORGE POONTHOTTAM (SR.) SRI.RIJI RAJENDRAN SMT.NISHA GEORGE** ## **RESPONDENTS:** **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE.P.O., TRICHUR DISTICT-680596, REPRESENTED BY THE REGISTRAR** **2 THE ADMISSION SUPERVISORY COMMITTEE** **FOR MEDICAL EDUCATION IN KERALA, T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPRUAM-695014, REPRESENTED BY THE CHAIRMAN** **R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K), WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I), WP(C).3693/2020(J), WP(C).3694/2020(J), WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -8- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** ## **WP(C).No.3693 OF 2020(J)** ## **PETITIONER:** **KVM COLLEGE OF PHARMACY, KVM ROAD, KOKKOTHAMANGALAM P.O., CHERTHALA, ALAPPUZHA DISTRICT-688 527, REPRESENTED BY ITS PRINCIPAL.** **BY ADVS.** **SRI.GEORGE POONTHOTTAM (SR.) SRI.RIJI RAJENDRAN SMT.NISHA GEORGE** ## **RESPONDENTS:** **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., TRICHUR DISTRICT-680 596 REPRESENTED BY THE REGISTRAR.** **2 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA** **T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.** **R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K), WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3694/2020(J), WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -9- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** ## **WP(C).No.3694 OF 2020(J)** ## **PETITIONER:** **ST.JOHNS COLLEGE OF PHARMACEUTICAL SCIENCES AND RESEARCH** **KATTAPPANA SOUTH P.O., IDUKKI DISTRICT-685 515, REPRESENTED BY ITS PRINCIPAL.** **BY ADVS.** **SRI.GEORGE POONTHOTTAM (SR.) SRI.RIJI RAJENDRAN SMT.NISHA GEORGE** ## **RESPONDENTS:** - **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., TRICHUR DISTRICT-680 596, REPRESENTED BY THE REGISTRAR.** - **2 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA** **T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.** **R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K), WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J),** **WP(C).4839/2020(D), WP(C).2120/2021(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -10- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** **WP(C).No.4839 OF 2020(D)** ## **PETITIONER:** **RAJIV GANDHI INSTITUTE OF PHARMACY TRIKARIPUR, MEELIYAT, KASARGOD DISTRICT, REPRESENTED BY ITS PRINCIPAL.** **BY ADVS.** **SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.J.VISHNU SRI.VISHNU B.KURUP SHRI.AKSHAY V NAIR** ## **RESPONDENTS:** **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES MULAMKUNNATHUKAVU, MEDICAL COLLEGE P. O., THRISSUR DISTRICT - 680596, REPRESENTED BY THE REGISTRAR.** **2 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA T.C.15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014, REPRESENTED BY THE CHAIRMAN.** **R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K), WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J), WP(C).2120/2021(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -11- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942** **WP(C).No.2120 OF 2021(L)** ## **PETITIONER:** **EZHUTHACHAN COLLEGE OF PHARMACY MARAYAMUTTAM, NEYYATTINKARA, THIRUVANANTHAPURAM 695 124, REP.BY ITS PRINCIPAL** **BY ADVS.** **SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.RIJI RAJENDRAN** ## **RESPONDENTS:** **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR DISTRICT 680 596, REP.BY THE REGISTRAR.** **2 THE ADMISSION SUPERVISORY COMMITTEE** **FOR MEDICAL EDUCATION IN KERALA, T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014, REP.BY THE CHAIRMAN.** **R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES** **R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.01.2021, ALONG WITH WP(C).3501/2020(K), WP(C).3502/2020(K), WP(C).3683/2020(I), WP(C).3686/2020(I), WP(C).3688/2020(I), WP(C).3690/2020(I), WP(C).3691/2020(J), WP(C).3693/2020(J), WP(C).3694/2020(J), WP(C).4839/2020(D), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) No.3501/2020 & conn. Cases. -12- ## **J U D G M E N T** [WP(C) Nos.3501/2020,3502/2020, 3683/2020, 3686/2020, 3688/2020, 3690/2020, 3691/2020, 3693/2020, 3694/2020, 4839/2020 & 2120/2021] DATED THIS THE 28[th] DAY OF JANUARY, 2021 ## Shaffique, J: These writ petitions concern a common issue. The petitioners challenge orders passed by the Admission Supervisory Committee keeping in abeyance admission to certain students who are admitted to the college after 31-082019. In fact, the Kerala University of Health Sciences has by virtue of their circular dated 05-09-2019 extended the admission and registration of students for Pharmacy colleges under the University until midnight of 15-09-2019. The Committee however while considering the regularisation of the admission and registration placed reference to the interim order dated 25-112019 passed by the Apex Court in SLP (C) No.40401/2019 and in view of the restriction imposed in the said order, observed that the Apex Court had on earlier occasions extended the time in respect of Pharmacy colleges only until 31-08-2019 and therefore until a final decision is taken by the Apex Court in that regard, the admissions effected after 31-08-2019 were directed to be kept in abeyance. W.P (C) No.3501/2020 & conn. Cases. -13- 2. There is no dispute about the fact that in a batch of Civil Appeals **[The Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts, Vidarbha Institute of Pharmacy and others (Manu/SC/0531/2020)]** , the Apex Court considered the question whether the provisions of All India Council for Technical Education Act (hereinafter referred to as 'AICTE Act' for short) applies to Pharmacy courses. It was held that when a special enactment namely the Pharmacy Act contains substantial provisions which regulates the admission and registration of Pharmacy courses, AICTE Act has no application. 3. It is submitted on behalf of the petitioners that the cutoff date of 31-08-2019 has been fixed in **Parswanath Charitable Trust v. All India Council for Technical Education [(2013) 3 SCC 385]** proceeding on the basis that for Pharmacy courses also, the provisions of the AICTE Act applies. 4. The Apex Court had held in **Dr. S.K. Toshniwal's case** (supra) that provisions of AICTE Act has no application to Pharmacy courses and it has to be regulated by Pharmacy Act W.P (C) No.3501/2020 & conn. Cases. -14- and the Rules framed thereunder. In fact no such cut-off date had been fixed by the Pharmacy Council of India for admission to Pharmacy courses. It is pointed out that as far as the Pharmacy Council of India is concerned, each year a specific cut-off date is fixed. Apparently in this case no specific cut-off date had been fixed. But the University had fixed cut-off date as 15-09-2019 as directed by this court in WA No.1686/2019. 5. Yet another reason stated by the Committee is that a stay has been granted by the Apex Court in SLP (C) No.40401/2019. The said order reads as under: “Permission to file Special Leave Petition is granted. Issue notice. No student, in case he/she has been admitted under the order passed by the High Court, shall be permitted to pursue the course any further. In the meantime, there shall be stay of operation and implementation of the impugned judgment. List in the month of January, 2020.” Apparently the said order applies only from the date of order i.e., from 25-11-2019. Though relating to the Pharmacy courses, by the impugned judgment, this court had extended the time for registration by 10 days from 29-10-2019, when the University has fixed the cut-off date only till 15-09-2019. In SLP (C) No.40401/2019 the Apex Court was not concerned about the W.P (C) No.3501/2020 & conn. Cases. -15- extension of time until 15-09-2019 by the University. Therefore the interim order in SLP (C) No.40401/2019 does not stand in the way of regularising the admission of students who are admitted on or before 15-09-2019. In the light of the aforesaid discussion, we are of the view that the writ petitions are to be allowed. The University shall register all students who were admitted to the Pharmacy courses on or before 15-09-2019. In respect of those students who had already written the examinations, their results shall be published. The orders impugned shall stand modified to the aforesaid extent. On registration of the students, the University shall take appropriate steps in accordance with law. (Sd/-) ## **A.M. SHAFFIQUE, JUDGE.** (Sd/-) ## **GOPINATH P., JUDGE.** **AMG** W.P (C) No.3501/2020 & conn. Cases. -16- ## **APPENDIX OF WP(C) 3501/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LETTER DATED 20.07.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 13.8.2019 W.A.NO.1686/2019 OF THIS HON.COURT. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20.8.2019 OF THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.8.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 27.8.2019 IN I.A.NO.1/19 IN W.A.1686/19 OF THIS HON.COURT. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 31.8.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 3.9.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 29.10.2019 IN W.A.NO.2084/19 OF THIS HON.COURT. EXHIBIT P9 TRUE COPY OF THE CONSOLIDATED REPORTED GENERATED ON THE WEBSITE OF THE UNIVERSITY DATED 12.11.2019 EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER DATED 25.11.2019 OF THE HON.SUPREME COURT. EXHIBIT P11 TRUE COPY OF THE LETTER DATED 5.12.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P12 TRUE COPY OF THE ORDER DATED 19.12.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P13 TRUE COPY OF THE NOTIFICATION DATED 24.1.2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 28.1.2020 IN WP(C)NO.1434/2020 OF THIS HON.COURT. EXHIBIT P15 COPY OF REPRESENTATION DATED 21/01/2021 TO THE 2ND RESPONDENT.** W.P (C) No.3501/2020 & conn. Cases. -17- ## **APPENDIX OF WP(C) 3502/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LETTER DATED 20.07.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 13.8.2019 IN W.A.NO.1693/2019 OF THIS HON.COURT. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20.8.2019 OF THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.8.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE ORDER DATED 27.8.2019 IN I.A.NO.1/2019 IN W.A.1693/19 OF THIS HON.COURT. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 31.8.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE LETTER DATED 31.8.2019 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS. EXHIBIT P8 TRUYE COPY OF ORDER DATED 3.9.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE JUDMENT DATED 29.10.2019 IN W.A.NO.2084/19 OF THIS HON.COURT. EXHIBIT P10 TRUE COPY OF THE CONSOLIDATED REPORTED GENERATED ON THE WEBSITE OF THE UNIVERSITY DATED 12.11.2019. EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER DATED 25.11.2019 OF THE HON.SUPREME COURT. EXHIBIT P12 TRUE COPY OF THE LETTER DATED 5.12.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P13 TRUE COPY OF THE ORDER DATED 19.12.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P14 TRUE COPY OF THE NOTIFICATION DATED 24.1.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 28.01.2020 IN W.P(C)NO.1434/2020 OF THIS HON.COURT.** W.P (C) No.3501/2020 & conn. Cases. -18- ## **APPENDIX OF WP(C) 3683/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.2019/8443/ACI/GEN/B2/KUHS DATED 05.09.2019 ISSUED BY THE UNIVERSITY** **EXHIBIT P2 TRUE COPY OF THE ORDER NO.ASC100/19/PHARMACY/B.PHARM/ECPS DATED 17.12.2019 ISSUED BY THE 2ND RESPONDENT** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP(C)NO.40401/2019 PASSED BY THE HON'BLE SUPREME COURT OF INDIA** **EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.01.2020 IN WP(C)NO.1434/2020 PASSED BY THIS HON'BLE COURT EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.3036/2020/B2/EXAMPHARMACY/KUHS DATED 24.01.2020** W.P (C) No.3501/2020 & conn. Cases. -19- ## **APPENDIX OF WP(C) 3686/2020** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 9/7/2019 IN W.A.1485/2019 OF THIS HON. COURT.** - **EXHIBIT P2 TRUE COPY OF THE E.MAIL COMMUNICATION DATED 12/7/2019 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 2/8/2019 OF THE HON. SUPREME COURT.** - **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 17/8/2019 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 30/8/2019 IN W.P.(C) NO.23595/19 OF THIS HON. COURT.** - **EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 31/8/2019 ISSUED FROM THE 2ND RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE APPROVAL ORDER DATED 3/9/2019 OF THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA.** - **EXHIBIT P8 TRUE COPY OF THE ORDER DT. 3/9/19 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P9 TRUE COPY OF THE LETTER DATED 31/8/2019 ISSUED BY THE COMMISSIONER FOR EXAMINATION.** - **EXHIBIT P10 TRUE COPY OF THE PRINT OUT GENERATED ON 6/12/2019.** - **EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 29/10/2019 IN W.A.NO.2084/19 OF THIS HON. COURT.** - **EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 25/11/2019 OF THE HON. SUPREME COURT.** - **EXHIBIT P13 TRUE COPY OF THE LETTER DATED 5/12/2019 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P14 TRUE COPY OF THE NOTIFICATION DATED 24/12/2019 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P15 TRUE COPY OF THE NOTIFICATION DATED 24/1/2020 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P16 COPY OF THE NOTIFICATION DATED 19/01/2021 ISSUED BY THE 2ND RESPONDENT.** W.P (C) No.3501/2020 & conn. Cases. -20- ## **APPENDIX OF WP(C) 3688/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO 20198443/ACI/GEN/B2/KUHS DATED 5.9.2019 ISSUED BY THE UNIVERSITY** **EXHIBIT P2 TRUE COPY OF THE ORDER NO ASC100/19/PHARMACY/B.PHARAM/DJMIPSR DATED 9.12.2019 ISSUED BY THE 2ND RESPONDENT** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP(C) NO 40401/2019 PASSED BY THE HON'BLE SUPREME COURT OF INDIA.** **EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.1.2020 IN WPC NO 1434/20209 PASSED BY THIS HON'BLE COURT** **EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO 3036/2020/B2/EXAMPHARMACY/KUHS DATED 24.1.2020** W.P (C) No.3501/2020 & conn. Cases. -21- ## **APPENDIX OF WP(C) 3691/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.2019/8443/ACI/GEN/B2/KUHS DATED 05.09.2019 ISSUED BY THE UNIVERSITY** **EXHIBIT P2 TRUE COPY OF THE ORDER NO.ASC100/19/PHARMACY/B.PHARM/MDCP DATED 13.12.2019 ISSUED BY THE 2ND RESPONDENT** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP(C)NO.40401/2019 PASSED BY THE HON'BLE SUPREME COURT OF INDIA** **EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.01.2020 IN WP(C)NO.1434/20209 PASSED BY THIS HON'BLE COURT EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.3036/2020/B2/EXAMPHARMACY/KUHS DATED 24.01.2020** W.P (C) No.3501/2020 & conn. Cases. -22- ## **APPENDIX OF WP(C) 3693/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.2019/8443/ACI/GEN/B2/KUHS DATED 5.9.2019 ISSUED BY THE UNIVERSITY. EXHIBIT P2 TRUE COPY OF THE ORDER NO.ASC100/19/PHARMACY/B.PHARM/KVM DATED 13.12.2019 ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP(C) NO.40401/2019 PASSED BY THE HON'BLE SUPREME COURT OF INDIA.** **EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.1.2020 IN WPC NO.1434/2020 PASSED BY THIS HON'BLE COURT. EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY. EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.3036/2020/B2/EXAMPHARMACY/KUHS DATED 24.1.2020.** W.P (C) No.3501/2020 & conn. Cases. -23- ## **APPENDIX OF WP(C) 3694/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.2019/8443/ACI/GEN/B2/KUHS DATED 5.9.2019 ISSUED BY THE UNIVERSITY.** **EXHIBIT P2 TRUE COPY OF THE ORDER NO.ASC100/19/PHARMACY/B.PHARM/SJCPSR DATED 16.12.2019 ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP(C) NO.40401/2019 PASSED BY THE HON'BLE SUPREME COURT OF INDIA.** **EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.1.2020 IN WPC NO.1434/2020 PASSED BY THIS HON'BLE COURT.** **EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY. EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.3036/2020/B2/EDAMPHARMACY/KUHS DATED 24.1.2020.** W.P (C) No.3501/2020 & conn. Cases. -24- ## **APPENDIX OF WP(C) 4839/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.2019/8443/ACI/GEN/B2/KUHS DATED 5.9.2019 ISSUED BY THE UNIVERSITY. EXHIBIT P2 TRUE COPY OF THE ORDER NO.ASC100/19/PHARMACY/M.PHARM/RGIP DATED 10.12.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP(C) NO.40401/2019 PASSED BY THE HON'BLE SUPREME COURT OF INDIA.** **EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28.01.2020 IN W.P. (C) NO.1434/2020 PASSED BY THIS HON'BLE COURT. EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY. EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.2020/4294/1/EX PHY-A4 DATED 3.2.2020 ISSUED BY THE UNIVERSITY.** W.P (C) No.3501/2020 & conn. Cases. -25- ## **APPENDIX OF WP(C) 2120/2021** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.2019/8443/ACI/GEN/B2/KUHS DATED 5.9.2019 ISSUED BY THE UNIVERSITY.** **EXHIBIT P2 TRUE COPY OF THE ORDER NO.ASC100/19/PHARMACY/PHARM.D/ECPS DATED 17.12.2019 ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.11.2019 IN SLP (C) NO.40401/2019 PASSED BY THE HON'BLE SUPREME COURT OF INDIA.** **EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 28/1/2020 IN W.P. (C).NO.1434/2020 PASSED BY THIS HON'BLE COURT. EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE REGISTRATION STATUS OF THE PETITIONER COLLEGE ISSUED BY THE UNIVERSITY. EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.2021/352/A5/EXPHY/KUHS DATED 6.1.2021 ISSUED BY THE UNIVERSITY.**