Teachers Association of Medical Microbiology and Biochemistry vs State of Kerala

A.K. Jayasankaran Nambiar, J.—As both these writ petitions involve a common issue, they are taken up together for disposal by a common judgment. For the sake of convenience, the reference to the pleadings and facts are from W.P. (C). No. 11079/2014.

W.P.(C). No. 11079/2014 is preferred by the Chairman of the Educational Agency that runs the Co-operative Institute of Health Sciences at Thalassery. The issue in this case revolves around the grant of affiliation to the B.Sc. Medical Microbiology and B.Sc. Medical Biochemistry courses that were being conducted by the petitioner''s Institute. The said courses conducted by the petitioner''s Institute were affiliated to the Kannur University and continued as such from the Academic year 2008-09 to 2013-14 notwithstanding the fact that by notification dated 24.1.2011, the Kerala University of Health Sciences Act, 2010 (Act 4 of 2011) (hereinafter referred to as the ''Act''), had been promulgated by the Kerala State Legislature. By virtue of Section 50 of the said Act, the 2nd respondent Kerala University of Health Sciences was obliged to affiliate all professional medical or other Colleges or Institutions imparting education in Modern Medicine, Dental, Ayurveda, Homoeopathy, Siddha, Unani, Yoga, Naturopathy, Nursing, Pharmacy and other paramedical and allied subjects, owned by Government of Kerala or Government controlled societies, private aided and private unaided self-financing educational agencies, which, before the date of commencement of the Act remained affiliated to the different Universities (except Deemed Universities) in the State of Kerala. It was made clear by the said provision that the affiliation of the aforementioned institutions to other Universities in the State (except Deemed Universities) shall stand transferred to the 2nd respondent Kerala University of Health Sciences on and from the date of commencement of the Act subject to the conditions specified thereunder. Thus, in accordance with the said provisions, paramedical and allied courses which were affiliated to other Universities in the State had, by operation of Section 50 of the aforementioned Act, to be transferred to the Kerala University of Health Sciences. As already noted, despite this provision having come into force since the academic year 2010-11, the B.Sc. Medical Microbiology course and the B.Sc. Medical Biochemistry course conducted by the petitioner''s Institute were not transferred to the 2nd respondent University but continued to be affiliated to the Kannur University.

It would appear that the Government had been receiving representations from the Association of Medical Lab Technician students against grant of recognition, by the Kerala Paramedical Council, to the B.Sc. Medical Microbiology and B.Sc. Medical Biochemistry courses conducted in the State. The State Government considered the said representations and although initially a direction was given to the petitioner''s Institute not to admit students for the aforementioned courses at their Institute for the academic year 2014-15, the said communication was later withdrawn by Ext. P16 communication dated 6.8.2014. In the meanwhile, the petitioner''s Institute, on being informed that the paramedical and allied courses conducted by it had necessarily to be affiliated with the 2nd respondent University, approached the Kannur University seeking disaffiliation of the said courses from the Kannur University so as to affiliate the same with the 2nd respondent University. By Ext. P7 letter dated 12.3.2014, the Kannur University communicated to the petitioner''s Institute the acceptance of their request for disaffiliation of all health related courses offered by the petitioner''s Institute. It was indicated in the said letter that the letter was being issued so as to produce the same before the 2nd respondent University to facilitate affiliation with that University. Thereafter, when the petitioner''s Institute approached the 2nd respondent University seeking affiliation, it was informed that as per the opinion of a Committee of the Academic Council of the said University, the curriculum and course content of the B.Sc. Medical Microbiology and B.Sc. Medical Biochemistry courses conducted by them, could not be seen as adequate for classification as a medical or paramedical course. Under these circumstances, and faced with the prospect of not receiving affiliation from the 2nd respondent University in respect of the aforementioned two courses and having already got these courses disaffiliated from the Kannur University, the petitioner''s Institute approached this Court through this writ petition seeking inter alia a direction to the 2nd respondent University to grant immediate affiliation to the two courses referred to above.

W.P.(C). No. 10346/2014 is essentially for the same relief with the only difference that the said writ petition has been preferred by an Association of Teachers of Medical Microbiology and Biochemistry and two lecturers in both the subjects.

A statement has been filed on behalf of the 2nd respondent University. Therein, the stand taken by the University is that the courses which were sought to be affiliated at the instance of the petitioner''s Institute were such as were not being conducted by any other College presently affiliated to the 2nd respondent University. Under those circumstances, the University had requested the petitioner''s Institute to submit the detailed course content and syllabus so as to examine whether the courses could be affiliated. It is pointed out that the matter was placed before the Academic Council of the University which in turn delegated the matter to a Committee and the said Committee had submitted its report opining that the courses in question need not be given affiliation. It is pointed out that the Committee found that the courses are of a general nature and that the course and the curriculum do not indicate it to be a medical course. Reference is also made to the disputes between the B.Sc. Microbiology and Biochemistry degree holders and B.Sc. MLT degree holders regarding their competency to handle jobs. It is indicated that the Committee was of the opinion that instead of treating the courses as Medical Microbiology and Medical Biochemistry, it would be better to refer to the courses as Applied Microbiology and Biochemistry so that the degree holders could also seek appointment in non-medical fields. The statement also refers to the stand earlier taken by the State Government with regard to the grant of permission to the B.Sc. Medical Microbiology and Biochemistry degree holders to seek registration with the Kerala State Para Medical Council. As already noted, the decision against the courses conducted by the petitioner''s Institute was subsequently reversed by the State Government which expressly permitted the petitioner''s Institute to admit students to the said courses. It is also submitted that without the permission of the Government, the petitioner''s Institute cannot conduct the courses and as and when such permission is granted by the Government, then alone the issue of affiliation with the 2nd respondent University would arise. The petitioner''s Institute has also filed a reply affidavit countering the averments in the statement filed by the 2nd respondent University.

I have heard learned senior counsel Sri. Kurian George Kannanthanam for the petitioner''s Institute and learned Standing Counsel Sri. P. Sreekumar for the 2nd respondent University.

In both these writ petitions, the issue that comes up for consideration is whether the 2nd respondent University should be directed to grant affiliation to the B.Sc. Medical Microbiology and B.Sc. Medical Biochemistry courses conducted by the petitioner''s Institute, for the academic year 2014-15. As already noted, the said courses were being conducted by the petitioner''s Institute from the academic year 2008-09 onwards. At the time of commencement of the courses, the petitioner''s Institute had sought and obtained affiliation with the Kannur University for conducting the said courses. This position continued till the end of academic year 2013-14. In the meanwhile, however, the Kerala University of Health Sciences Act, 2010, came to be enacted. By virtue of the express provisions of that Act, if the courses in question qualified as either a medical paramedical, or an allied course, then, by virtue of Section 50 of the said Act, the courses would automatically stand transferred and affiliated to the 2nd respondent University. In fact, this transfer and subsequent affiliation to the 2nd respondent University has already taken place in respect of the B.Sc. MLT and BPT courses that were conducted by the petitioner''s Institute. It is only in respect of the B.Sc. Medical Microbiology and B.Sc. Medical Biochemistry courses conducted by the petitioner that the 2nd respondent University entertained doubts as to whether they could be categorised as medical or paramedical courses. Even from the statement of the 2nd respondent University, it is not evident as to whether at the time of consideration of the matter by the Committee, functioning under the Academic Council of the 2nd respondent University, there was any deliberation as to whether the courses in question would fit the description of one that was "allied" to either a medical or paramedical course. Be that as it may, I am of the view that the issue as to whether the courses in question are medical, paramedical or allied courses is one that has to be examined in the light of the situation that prevailed prior to the coming into force of the Kerala University of Health Sciences Act, 2010. This is because in terms of Section 50 of the said Act, such courses which were affiliated to other Universities in the State, by operation of law, stood automatically transferred and affiliated to the 2nd respondent University. The only aspect that had to be examined was whether the courses, at the time of their transfer and affiliation to the 2nd respondent University, were identifiable as either medical, paramedical or allied courses. This had necessarily to be on the basis of the categorisation given to those courses by the University to which they were affiliated before Section 50 of the Act came into force. When examined from that angle, I find from a perusal of (i) the syllabus pertaining to the said courses, (ii) the consideration given to students who passed the said courses in connection with their placement at hospitals, as evident from Ext. P14 order of the District Medical Officer of Health, Kozhikode and Ext. P15 order of the Additional Director of Health Services (Planning), Thiruvananthapuram and (iii) Ext. P7 letter from the Kannur University issued while permitting the disaffiliation of the courses from that University, that the courses in question were treated as either paramedical courses or at least allied courses. I feel therefore that by operation of Section 50 of the Act, these courses had necessarily to be transferred and affiliated to the 2nd respondent University.

No doubt, the Standing counsel for the 2nd respondent University would point out that it is within the powers of the University to regulate the course content of the various courses which are affiliated to the said University. He would refer to the express provisions under the Act to contend that the procedure for modifying the course content for any particular course had to originate from the respective faculty under the University and then routed through the Board of Studies and various Councils such as the Academic Council and the Governing Council. He would contend that the 2nd respondent University had first to determine whether the courses, in respect of which affiliation was now sought, were either paramedical or allied courses and only then affiliation could be directed. While the argument put forth by counsel for the 2nd respondent regarding the manner in which an affiliation is to be granted, is no doubt a plausible one, I am of the view that in the instant case, considering the factual situation that the courses in question, conducted by the petitioner''s Institute, are currently disaffiliated from the Kannur University and the admission procedure for admission of students to the said courses has already received the consent of the State Government, it would be in the fitness of things that the provisions of Section 50 of the Act be applied so as to facilitate an automatic affiliation of the said courses to the 2nd respondent University. Should the 2nd respondent University feel that a modification is required to the course content or the duration of the course, it is always open to it to take recourse to the provisions of the Act and initiate the procedure required to bring about the said modification. In that event, even if the procedure were to get delayed for any reason, it will not prejudice the interest of the students who are admitted to the courses by the petitioner''s Institute. Further, as brought to my notice by the learned senior counsel for the petitioners, the same syllabus and course content has been adopted for the courses conducted by the Kannur University directly as also by the other affiliating Universities in the State. There is no reason, therefore, to assume for the present, that the courses in question are not paramedical courses or allied courses, for the purposes of Section 50 of the Kerala University of Health Sciences Act, 2010.

In view of the discussions above, I am of the view that the writ petitions must succeed. Accordingly, I direct the 2nd respondent University to complete the process of affiliation of the B.Sc. Medical Microbiology and B.Sc. Medical Biochemistry courses conducted by the petitioner''s Institute, for the academic year 2014-15, to the 2nd respondent University forthwith, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment.

The writ petitions are disposed as above.