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Judgment
Devan Ramachandran, J
The petitioner is stated to be an Educational Agency, which has already established a Medical College and they say that they want to add a Dental Department to it. They say that, for this purpose, they approached the Government of Kerala and obtained Ext.P2 Essentiality Certificate as per the applicable Regulations, but that they have been refused permission even to access the Internet Portal University, thus prejudice.
Sri.Kurian learned Senior by the 1' respondent - being put to irreparable George Kannanthanam, Counsel, instructed by Sri.P.M.Saneer - learned counsel for the petitioner, explained that since his client has already obtained the Essentiality Certificate from the Government, it is their right to make an application before the University for starting a BDS course, though conceding that a final decision in this regard will certainly have to be taken by them, subject to the germane aspects covering the field. He, however, contended that the law has now been well settled in Ext.P5 judgment of a learned Division Bench of this Court which, according to him, declares that no application can be rejected by the University at the threshold or refused to be accepted by them.
The learned Senior Counsel thus prayed that the l' respondent - University be directed to open the Internet Portal, to enable his client to make the application for the "consent to affiliation", so that the further processes under the applicable Statutes and Regulations can be taken forward.
Sri.P.Sreekumar learned Standing Counsel appearing for the 1' respondent - University, on the contrary, submitted that, as has been averred by his client in the counter pleadings in this case, the dental seats in Kerala are far in excess to demand even as of today and that many colleges have been unable to fill up their full quota. He then pointed out that there are colleges which have not been able to even attract 50% of their sanctioned seats and that this creates a deleterious consequence, putting the entire Dental Education itself in peril. He submitted that it is, therefore, that the University decided not to accept any more applications.
I must say that I cannot find favour with the afore submissions of Sri.P.Sreekumar because there cannot be a complete ban in allowing anybody to even make an application, especially when because the final decision on such will have to be taken by the University, depending upon all the relevant aspects. The fact that the Government of Kerala has issued Ext.P2 Essentiality Certificate in which, justifying the reason for doing so, it states clearly that there is an "increase in demand of Dental Surgeons inside and outside the State (sic)", I cannot, therefore, find any reason why the University should take a stand of not even allowing anyone to make an application through their online Portal.
As I have already said above, it is finally with the University to take a decision on how the applications will have to be dealt with, including whether it is required to be accepted or otherwise.
In the afore circumstances, I order this writ petition to the limited extent of directing the 1St respondent to open the Internet Portal, so as to enable the petitioner to make an application for the "consent to affiliation" which shall be done within a period of 24 hours from the date of receipt of a copy of this judgment. On such application being received, the University will consider the same, including as to whether it requires to be accepted or otherwise, after affording necessary opportunity of being heard to the authorised officer of the petitioner; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible.
Needless to say, since I have not entered into the rival contentions of the parties including as to the educational need and such other which governs the consideration of an application to be made by the petitioner I leave all of them open to be pursued by them appropriately as and when it becomes warranted in future.