PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed challenging Exts.P7, P9 and P10 orders. By Ext.P7, the Admission Supervisory Committee for Medical Education in Kerala (hereinafter referred to as 'the Committee') after evaluating the admission made to 3 candidates, viz., Dr.Aparna Chandran, Dr.Kaveri Nair and Dr.Niranjana Gopal while approving the admission of Dr. Aparna Chandran recommended the Commissioner for Entrance Examinations (for short 'CEE') to impose liquidated damage/penalty from the candidate as per the provisions of the prospectus. As far as Dr.Kaveri Nair and Dr.Niranjana Gopal were concerned, it was found that they do not qualify for being admitted for the said course and therefore while rejecting their admission, the Principal Secretary to Government, Health and Family Welfare Department has been directed to impose a fine of Rs. 10,00,000/- to the petitioner college alleging illegality and malpractices made by the college. By Ext.P9, CEE had called upon Dr.Arpana Chandran to pay Rs. 5 lakhs as liquidated damages to the Government since one Government seat available in the College had lapsed. By Ext.P10, the Government had imposed a fine of Rs. 10 lakhs against the petitioner college as per directions issued by the Committee.

(2.) The short facts of the case would disclose that the 2 nd petitioner Dr.Aparna Chandran had applied for admission to Post Graduate Ayurveda Course viz., Salyathanthra in the spot admission fixed on 15/11/2018. She got the said admission. According to the petitioners at 8 p.m on the very same day, 2 nd petitioner realised that there was a seat available for Kayachikitsa specialty, which was her preferred subject. She requested the 1st petitioner college to allow change of subject from Salyathanthra to Kayachikitsa. Ext.P6 is the letter given to the Principal on 15/11/2018 at 8. p.m. based on which the Principal permitted her course change. After completing the admission process, the college has submitted list of candidates to the University of Health Sciences for scrutiny of documents and registration of the students. Since acceptance of the University was subject to prior approval of the Committee, the Committee approved admission of 9 candidates and withheld the admission of 3 candidates including that of the 2 nd petitioner. The reason for withholding her admission was that she effected change of subject to Kayachikitsa without permission/ratification of the CEE. Dr.Kaveri Nair was admitted in Salyathanthra course by the 1 st petitioner college in the place of 2 nd petitioner. The petitioners have no dispute regarding non approval of the admission given to Dr.Kaveri Nair and Dr.Niranjana Gopal and the Committee has also approved the change of course to the 2 nd petitioner from Salyathanthra to Kayachikitsa. The contention is that the Committee exceeded its jurisdiction in directing compensation to be recovered from the college. With reference to the 2 nd petitioner, it is submitted that when admissions had been completed on 15/11/2018, the allotment made by the CEE has already been completed. The change in course was given to the 2nd petitioner since a management seat was lying vacant in respect of Kayachikitsa. Initially, 2 nd petitioner did not apply for Kayachikitsa and later it was found that the Management quota seat in Kayachikitsa was vacant and therefore she got admission in the said seat. It is also pointed out that she was ranked 409 and students with lesser rank had obtained admission to the other three seats in Kayachikitsa which were allotted by the Entrance Commissioner. When the management quota seat for Kayachikitsa was vacant, option was available to any student who got admission through the allotment made by CEE to change the course. Reference was made by counsel for petitioner to Ext.P3 which is a notification with reference to spot admission which was proposed to be held at 2.00 p.m on 29/10/2018. Clause (v) indicated as under:-

(3.) The powers and functions of the Committee are prescribed u/s 8 of the Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017 (hereinafter referred to as 'the 2017 Act'). S.8(4) and