DIRECTOR Vs. FATHIMA COLLEGE OF PHARMACY

JUDGEMENT

(1.) Athese appeals arise from the judgment of the learned single Judge in W.P.(C) Nos.24031 and 36292 of 2016. The writ petitions were filed by Fathima College of Pharmacy and were disposed of by a common judgment.

(2.) Insofar as W.A. No.319 of 2017 arising out of W.P. (C) No.24031 of 2016 is concerned, the issue raised before the learned single Judge was mainly concerning the excess admission of six students in the academic year 2015-16. In the judgment under appeal, the learned single Judge has ordered that for the next year, the management quota of seats will stand reduced by six and on that basis ordered that the excess admission be regularised.

(3.) Insofar as W.A. No.1706 of 2017 arising out of W.P. (C) No.36292 of 2016 is concerned, that was filed by the management mainly challenging Ext.P21 whereby the Government of Kerala had withdrawn the recognition that was granted to the College. In the judgment in the writ petition, the learned single Judge held that under Section 13 of the Pharmacy Act, 1948, the State does not have such a power and that in the light of the judgment of the Apex Court in Jaya Gokul Educational Trust v. Commissioner and Secretary to Government, 2000 2 KerLT 267 and a Division Bench of this Court in St. Joseph s Hospital Trust v. Kerala University of Health Sciences, 2012 4 KerLT 444, the course open to the Government was to take up the matter with the Pharmacy Council of India and that it was for the Pharmacy Council of India alone to withdraw the recognition.