High CourtsSingle Bench(2025) 01 KL CK 1835

The Principal vs Admission Supervisory Committee For Medical Education

High Court Of Kerala · Decided on 29 January 2025

HON’BLE JUDGES
N.Nagaresh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) Nos.45153 Of 2024 & 2977 Of 2025

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Judgment

14 paragraphs · 517 words

N.Nagaresh, J

1.

The petitioner in these writ petitions is Principal of Self Financing Paramedical College. The petitioner applied for affiliation of new PG Paramedical Courses. The University granted affiliation for some Courses.

2.

In anticipation of affiliation, the College moved the Admission Supervisory Committee for approval of the Prospectus. The Committee, considering the application, declined approval stating that the seat matrix is not available and that without getting the Government Orders on seat matrix, the application cannot be considered. The Fee Regulatory Committee took a further stand that the petitioner’s request cannot be acceded to in view of Ext.P5 Circular No.C3/517/2024/H7FWD in W.P.(C) No.2977 of 2025.

3.

I have heard the learned counsel for the petitioner, the learned Standing Counsel representing the Admission Supervisory Committee, the learned Standing Counsel appearing for the Kerala University of Health Sciences and the learned Senior Government Pleader representing the 3rd respondent in W.P.(C) No.45153 of 2024.

4.

The request of the petitioner for approval of Prospectus has been rejected by the Admission Supervisory Committee on two grounds. Firstly, it is stated that without Government Order giving the seat matrix, the question of fee cannot be considered. Secondly, in view of the Circular dated 19.12.2024, the petitioner is not entitled to approval.

5.

Going through Ext.P5 Circular dated 19.12.2024 in W.P.(C) No.2977 of 2025, I find that the Circular is applicable only to BSc Nursing allotment. The Circular cannot be made applicable to other PG Paramedical Courses.

6.

As regards the issue of seat matrix, the Senior Government Pleader, on instructions, submitted that the PG Courses being run by Self Financing Colleges, there is no Government Quota and therefore, there is no question of any seat matrix apportioning seats between the College and the Government.

7.

In view of the above, the Admission Supervisory Committee has to reconsider the request of the petitioner for approval and pass orders expeditiously.

8.

Standing Counsel representing the University of Health Sciences submitted that the classes have already been started and the last date for admission is 31.01.2025. Further grant of time would adversely affect the quality of education and the students so admitted are likely to suffer shortage of attendance also.

9.

However, considering the entire facts of the case, the writ petitions are disposed of with the following directions:

(i) Ext.P4 in W.P.(C) No.2977 of 2025 is set aside to the extent it requires the College to produce order from the Government showing the intake capacity.

(ii) The petitioner shall produce the affiliation orders issued by the University before the Admission Supervisory Committee forthwith along with draft Prospectus, in which case the Admission Supervisory Committee shall take expeditious decision on approving the Prospectus taking into consideration the fact that the last date for admission already fixed is 31.01.2025 and if the applications are otherwise complete and satisfy all other parameters.

(iii) The last date for admission is extended till 10.02.2025. However, it is made clear that such extension to commence classes shall not give any consequential rights to the College or students for condonation of attendance.

(iv) All other contentions are left open.