AHALIA FOUNDATION EYE HOSPITAL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is aggrieved by the reduction of seats from 40 to 30 for the course in B.Sc. Optometry, for the year 2012-2013 as communicated by Exts.P6, P7 and P9. It is contended that for the previous year 40 seats were sanctioned and there is no reason to reduce the same and therefore the proceedings are arbitrary and illegal. It is also contended that the petitioner is having all infrastructural facilities for justifying the sanction of 40 seats.

(2.) THE petitioner Trust is having various institutions including an Eye Hospital, an Ayurveda College, a Public School and an Engineering College. The para medical course involved herein was started after a proposal was submitted as per Ext.P1 in the year 2010 wherein the petitioner had shown against column 13 the number of seats proposed as 40. Ext.P2 is the copy of the report of the Committee which assessed the infrastructural details. Ext.P3 is the order dated 28.2.2011 issued by the Government granting permission to the petitioner for starting B.Sc. Optometry course in the year 2011-2012 with a student intake of 40 subject to certain conditions. Thereafter, the University granted affiliation by Ext.P4 dated 19.4.2011 for the same number of seats. It is followed by Ext.P5 order passed by the Government sanctioning allotment in the light of the seat-sharing agreement executed between the Government and the self financing colleges, by which 50% seats will have to be filled up on allotment by a Government Agency.

(3.) THE petitioner points out that the justification in the action appears to be Ext.P10 judgment of this Court in a writ petition filed by another hospital (Serial No.2 in Ext.P6) wherein mention has been made about the alleged mistake committed by the respondents in sanctioning 40 seats for the petitioner's institution in the first year. The said writ petition was dismissed rejecting the plea of the petitioner therein that the Government ought not have accepted the advice of the Director of Medical Education that the maximum number of seats can be 30.