VIVEKANANDA EDUCATIONAL TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in all these cases are conducting courses in Pharmacy. Their common grievance relates to the denial of extension of affiliation to their colleges. The parties and documents referred to in this common judgment are as described in W.P.(C) No.18556 of 2019.

(2.) Based on applications submitted for affiliation for the year 2018-19, the petitioners' colleges were granted provisional affiliation for starting B.Pharm course for the academic year 2018-19 as per Ext.P2 order issued on 31.07.2018, based on approval granted by AICTE and Pharmacy Council(PCI) and on the basis of interim order passed in W.P.(C) No.17685 of 2018. The affiliation was granted on 6 conditions including that it has to obtain NOC from Government; the college has to apply for continuation of provisional affiliation for the ensuing years remitting the fee fixed by University along with letters of approval from apex bodies.

(3.) It is stated that Pharmacy Council had granted approval subject to NOC from State Government and University had incorporated the condition in Ext.P2. The petitioner filed WP(C).No.17685/18 challenging the condition regarding production of NOC from Government, insisted by PCI as well as the affiliation insisting NOC. In Ext.P4 judgment this Court set aside the B.Pharm Course Regulations 2014, to the extent it insisted NOC from State Government. In the meanwhile, interim orders were passed permitting the petitioners to admit students for the year 2018-19 and thereafter directing the University to register the students so admitted.