KUNHITHARUVAI MEMORIAL CHARITABLE TRUST CORPORATE OFFICE Vs. KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE

JUDGEMENT

(1.) The captioned appeal is filed by petitioner in W.P.(C) No.4975 of 2021, challenging the judgment of the learned single Judge dated 25.2.2021, which was dismissed by the learned single Judge holding that the impugned Ext.P11 communication dated 19.2.2021 issued by the Kerala University of Health Sciences, the 1st respondent, declining increasing the intake in B.Pharm course from 60 to 100 seats, for the academic year 2021 holding that as per norms for increasing the sanctioned intake, the 1st batch of the existing course has to pass out and since the appellant has not acquired the said qualification, the findings made in Ext.P11 is neither perverse nor patently illegal warranting interference in writ jurisdiction. It is thus challenging the legality and correctness of the judgment, the appeal is preferred.

(2.) Shorn of unnecessary details, basic material facts for the disposal of the appeal are as follows; the appellant is a trust running a Self Financing Pharmacy College, viz., KMCT College of Pharmacy, Mampara, Kozhikode District. Appellant obtained approval as per Ext.P1 to start the B.Pharm course on 10.4.2020, for the academic year 2020-2021 with an intake of 100 students subject to the stipulations and conditions prescribed thereunder. On the basis of the approval, appellant applied for issuance of consent of affiliation, however, for an intake of 60 students for the Undergraduate B.Pharm course for the academic year 2020-2021, was granted by the University as per Ext.P6 order dated 16.10.2020 subject to the conditions prescribed thereunder.

(3.) The appellant has approached the writ court seeking a writ of certiorari to quash Ext.P11 communication issued by the University dated 19th February, 2021, whereby the appellant was informed that as per norms for increasing the sanctioned intake, the 1st batch of students in the existing course has to pass out and therefore, the application submitted by the appellant cannot be considered favourably. It is an admitted fact that as per Ext.P5 application submitted before the University, appellant has sought for consent of affiliation from the University only for 60 seats.