PRINCIPAL Vs. KERALA UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) THESE writ petitions raise certain common issues and hence we dispose of the same by a common Judgment.

(2.) BRIEFLY put, the case of the petitioner is as follows :- Petitioner is the Educational Agency running a Pharmacy College. The Pharmacy Council of India had given sanction for starting a new Pharm D course in petitioner's College in 2009. Affiliation was granted by the University during 2010-2011. The affiliation was extended for 2011-2012 also. At the time of affiliation, the Government had given their NOC and letter of permission, though the same was not legally necessary. One of the conditions was that petitioner should enter into a seat sharing agreement with the Government. Petitioner had entered into such an agreement in 2010 and in 2011. This year, there was difference of opinion. Petitioner was willing to have such an agreement, but insisted that the fees should be uniform and reasonably viable. The Government did not agree. Instead, they wrote to the University not to extend affiliation for this year. Accordingly, the University informed the petitioner that affiliation cannot be extended. There were five other colleges offering the same course. They also did not execute any agreement. Affiliation for those colleges were extended. Hence, this writ petition.

(3.) IN WP(C)26345/2012 similar reliefs are sought for. The matter relates to Pharm D course. Exts.P8 and P9 correspond to Exts.P16 & P17 in W.P.(C)26231/2012 referred to above. It is pointed out that the only distinction is that the petitioner's college in this case started Pharm D course in 2011-12.