PRESIDENT, KASARAGOD MUSLIM WELFARE ASSOCIATION Vs. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The appellants in both the writ appeals are the petitioners in the respective writ petitions, challenging common judgment of the Single Judge, dated 3rd September, 2019. The respondents herein are the respondents in the writ petitions.

(2.) Brief facts involved are as follows. W.P.(C) 21689/2019, corresponding to W.A. No.2041/2019, was filed by an Association running a multi-speciality hospital at Kasaragod. With the intention of starting a paramedical course, 'Diploma in Medical Laboratory Technology(D.MLT)', they submitted applications before the Government seeking permission for starting the course, in the year 2014. The Government deputed an Assistant Professor in Microbiology working at the Medical College Hospital, Kozhikode in order to conduct inspection. The writ petitioner was permitted to make payment of the inspection fee of Rs.25,000/-. On inspection certain deficiencies were pointed out, which the petitioner had rectified. A further inspection was conducted through the District Medical Officer, Kasaragod, to evaluate the rectifications made. Through the report submitted by the District Medical Officer dated 04.05.2015, it was pointed out that all the deficiencies stand rectified. The State Government, through an intimation dated 06.07.2015, informed that 'No Objection Certificate (NOC)' can be issued for starting D.MLT course for 30 students, subject to consent of the writ petitioner with respect to the number of students. The petitioner expressed their willingness through a letter sent on 08.03.2016. But no action was taken thereafter by the Government to issue the NOC. This prompted the writ petitioner to approach this court in W.P.(C) No.37991/2016. Through judgment dated 29.11.2016, the said writ petition was disposed of with a direction to the Government to take a decision in accordance with law on the request for issuance of NOC. But the Government through a cryptic letter dated 16.03.2017 intimated the writ petitioner that "the State Government has more institutions than it needs and is capable of managing". Therefore the request for granting the NOC was rejected. The said decision was challenged before this court in W.P.(C) No.19124/2017. In that writ petition, through an interim order passed on 26.09.2017, this court directed the Government to issue orders allowing the writ petitioner to commence the course for the year 2017-2018. Further, through another interim order passed on 31.10.2017, this court directed that the petitioner's institution shall be included in the website of the 'LBS Centre for Science and Technology', the agency which is making the admissions. It was also directed, if any option is received from intending students, allotment shall be made with respect to 50% of the seats in the Government quota. W.P.(C) No.19124/2017 is pending disposal before this court. Thereafter, when notification was issued by the Government with respect to the admission for the year 2018-2019, name of the institution of the writ petitioner was not included in the website. Therefore the petitioner again filed W.P.(C) No.33037/2018. Through a common order passed by this court in the said case along with W.P.(C) No.30540/2018, dated 13.11.2018, the Government was directed to include the petitioner's college also in the common admission process and to allot necessary students, in accordance with law. In compliance of the said interim order, name of the petitioner's institution was included, but it was specifically noticed in the list that no allotment will be made. Therefore the petitioner again filed another interim application in W.P.(C) No.33037/2018, on the basis of which students were allocated to the petitioner's institution. When admission for the academic year 2019-2020 was notified, again the respondents have not included name of the petitioner's institution in the website. Therefore, the present writ petition was filed seeking direction to the respondents to grant NOC and the permission required to start the D.MLT course in the institution of the writ petitioner, by including the name of the petitioner/Society in the website for admissions to the paramedical courses.

(3.) Facts involved in W.P.(C) No.21403/2019 corresponding to W.A. No.2042/2019, are almost identical. The courses intended to be started in that case are, Diploma in Dialysis Technology(DDT) and Diploma in Operation Theater and Anesthesia Technology(DOTAT). The first application for approval was submitted in the year 2011 by making payment of the required fee. Initially the Government deputed the Principal of the Government Medical College, Kozhikode for conducting inspection, who in turn submitted a favourable report on 18.05.2016. The Government issued 'No Objection Certificate(NOC)' for starting the courses, with an in take of 4 and 15 seats, respectively, from the academic year 2016 onwards, subject to the condition stipulated. Accordingly, the petitioner executed agreement with the Government for allotment of 50% seats in the Government quota. But thereafter the Government again directed the Director of Medical Education to conduct a further inquiry. The petitioner replied that the further inspection will be a redundant exercise in view of the earlier inspection conducted and the report submitted. But the Government thereafter issued a similar letter as in the case of the first case, rejecting the request for permission to start the courses, by stating the reason that "the State Government has more institutions than it needs and is capable of managing". The petitioner challenged the above said order before this court in W.P.(C) No.5721/2017. This court, by following the judgment of a Division Bench in W.A. No.1176/2017, allowed the writ petition to the extent of quashing the Government order. The respondents were directed to issue the 'Letter of Permission' as sought for by the petitioner within two months. With respect to the academic year 2018-2019, the same "drama" continued, which compelled the petitioner to approach this court again in W.P.(C) No.30540/2018. It was through a common order passed in this case along with the earlier case, that on 13.11.2018 this court directed the writ petitioner to make an application before the forum concerned and the respondents were directed to issue permission if it is found that the institution has sufficient infrastructure. In compliance with the interim order, the institution of the petitioner was included in the list published. But it was noticed that no allotment will be made. When a subsequent interim application was filed, the allotment of students were made to the petitioner's institution also. With respect to the academic year 2019-2020, again the respondents refused to include the petitioner's institution in the website published. That prompted the writ petitioner to file the present writ petition seeking necessary direction for inclusion of the petitioner's institution for allotment of candidates for the academic year 2019-2020.