LAWS(KER)-2016-11-2

THE DIRECTOR, MOOKAMBIKA COLLEGE Vs. STATE OF KERALA

Decided On November 10, 2016
The Director, Mookambika College Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is a self-financing Institution who is running various courses in the field of Pharmacy. The Institution got Ext.P1 NOC from the Government, subject to the condition that 50% of seats shall be made available to be filled up on the basis of merit, sponsored by the Government/competent authorities. In the course of further proceedings, the petitioner also secured Ext.P2 approval from the All India Council of Technical Education for the B.Pharm course to be conducted for the academic year 2016-2017 with an intake of 50 students, Ext P3 approval of the Pharmacy Council and Ext.P4 is the provisional affiliation granted by the University concerned. The prospectus was submitted before the Admission Supervisory Committee, who approved the same as per Ext.P6; pursuant to which, relevant notification was issued by the petitioner as borne by Ext.P7.

(2.) The grievance of the petitioner is that the Government has not considered the application preferred by the petitioner for granting 'LOP' (Letter of Permission); by virtue of which, the 2nd respondent, who is the allotting agency, has not included the petitioner to be considered for the 'Centralized Allotment Process' in respect of the 50% seats in the Government quota. This made the petitioner to approach this Court by filing the writ petition with the following prayers:

(3.) We have heard Sri.Kurian George Kannanthanam, the learned senior counsel appearing for the petitioner, the learned Senior Government Pleader who entered appearance on behalf of the respondents 1 and 5, Smt.K.K.Raziya, the learned standing counsel for the 2nd respondent, Sri.P.Sreekumar, the learned standing counsel for the respondent University and Smt.Mary Benjamin, the learned standing counsel for the Admission Supervisory Committee.