PRINCIPAL Vs. KERALA UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) This appeal is filed by the petitioner in W.P(C) No.15925/2019, challenging the judgment dated 7.8.2019 by which the learned Single Judge after taking into consideration the respective contentions passed the following order.

(2.) The factual aspects involved in the case would disclose that the petitioner intends to start Post Graduate courses during the academic year 2020-2021. As per the regulations framed by the Dental Council of India (DCI), they were expected to produce consent of affiliation from the Kerala University of Health Sciences. In order to enable the institution to start such courses, the University statute prescribes invitation of an application by the University. However, no such application was invited by the University with reference to commencement of Post Graduate courses during the academic year 2020-2021. The petitioner submits that during the previous years they were all along attempting to start Post Graduate courses, however, the same did not fructify on account of the delay on the part of the Government in issuing the essentiality certificate and also the University in not providing the consent of affiliation during the prescribed time.

(3.) Accordingly the petitioner submitted Ext.P6 series application dated 28.12.2018 before the University to start MDS Courses in various disciplines. The said applications were not considered by the University. However, by Ext.P8 dated 9.4.2019, the University rejected the applications and fee was returned. In Ext.P8, it is inter alia stated as under: