HINDUSTAN COLLEGE OF PHARMACY Vs. STATE OF KERALA

JUDGEMENT

(1.) Since common issues are raised, these writ petitions were heard together and are being disposed of by this common judgment, treating W.P.(C)No.18448 of 2020 as the leading case.

(2.) W.P.(C)No.18448 of 2020:- The petitioner college, namely, Hindustan College of Pharmacy, is conducting B.Pharm course with an intake of 60 seats, from the academic year 2018- 19, with the approval of the All India Council for Technical Education (for brevity, 'AICTE') and the affiliation granted by the 2nd respondent Kerala University of Health Sciences. The 3 rd respondent Pharmacy Council of India (for brevity, 'PCI') has also granted approval to the petitioner college for conducting B.Pharm course. The petitioner college is also conducting D.Pharm course with an intake of 60 seats, with the approval of AICTE and PCI and also the affiliation granted by the Directorate of Medical Education, Kerala. By Ext.P1 order dated 25.04.2019, the AICTE granted approval for conducting B.Pharm course with an intake of 100 seats and D.Pharm course with an intake of 60 seats, for the academic year 2019-20. By Ext.P2 order dated 10.06.2019, the

(3.) rd respondent PCI granted approval for conducting B.Pharm course with an intake of 100 seats (as against the intake of 60 seats granted for the academic year 2018-19) and D.Pharm course with an intake of 60 seats, for the academic year 2019- 20. However, the 2nd respondent University granted affiliation for B.Pharm course, for the academic year 2019-20, with an intake of only 60 seats. By Ext.P7 communication dated 14.08.2019, the 2nd respondent University rejected the request made by the petitioner college for increase of seats for B.Pharm course from 60 to 100, for the academic year 2019-20, for the reason that as per Para.6(2) of Ext.P9 academic norms dated 17.05.2013 for granting provisional affiliation to colleges and courses and for continuation of provisional affiliation, for increase of seats, at least the first batch has passed out of the applicant college and the college is approved as a professional teaching institution by Government of India, through Gazette notification. Since the petitioner college was granted provisional affiliation for starting B.Pharm course only in the academic year 2018-19, it is not eligible for increase of seats. As per Para.6(3) of Ext.P9 academic norms, for increase of seats, the final year result of the previous batch in applicant college is 60% or above; or above the University average.