2021 Supreme(Ker) 435

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J.
Moulana College of Paramedical Sciences – Petitioner
Versus
State of Kerala – Respondent
W.P. (C) No. 2151 of 2021
Decided On : 28-05-2021

Point of Law: Education Law - Enhancement of seats - As per norms of Kerala University of Health Sciences, maximum seat capacity fixed for B.Sc. (MLT) is 30 - Expert Committee did not recommend for granting no-objection certificate for increasing intake from 30 to 40 seats for B.Sc. (MLT) course at Maulana College of Paramedical Sciences.

Headnote:

Constitution of India, 1950 – Article 226, 19 – Notification – Enhancement of seats – Writ of certiorari – Challenging the restriction imposed in Ext.P4 notification, and also the rejection of the application for enhancement of seats vide Ext.P9 communication, the petitioner college has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 notification to the extent it restricts the petitioner from submitting the application and being considered for applying for enhancement of UG/PG seats in Paramedical and Allied Health Science category. – Petitioner college has also sought for a writ of certiorari to quash Ext.P9 communication issued by the 3rd respondent, based on Ext.P4 notification; and a writ of mandamus commanding the respondents to process its application, which was successfully registered, as evidenced by Ext.P5, and complete the procedures with respect to that online application for enhancement of seats in B.Sc. (MLT) course, from 30 to 40. – Whether petitioner college is entitled for consideration of the application made before the 2nd respondent University, as evidenced by Ext.P5 acknowledgement, for enhancement of seats in B.Sc. (MLT) course, from 30 to 40, during the academic year 2021-22 and whether any interference is warranted on Ext.P4 notification issued by the 2nd respondent University, to the extent it restricts the petitioner college, a Paramedical college not attached to Medical College, from submitting application for enhancement of seats in B.Sc. (MLT) course, during the academic year 2021-22 and also on Ext.P9 communication of the 3rd respondent Registrar, whereby the petitioner college was informed that the request made for permission to submit online application for enhancement of seats in B.Sc. (MLT) course stands rejected, as the college is not attached to a Medical College, as stipulated in Ext.P4 notification. –

Finding of the court: Citizen of this country may have a right to establish an educational institution but no citizen, person or institution has a right much less of fundamental right to affiliation or recognition. – In D.M. Wayanad, considering the facts of the case as averred by the petitioners and the rights claimed therein, the Apex Court held that the petitioners, even though have a right to establish institutions for imparting medical and technical education, such right is not a fundamental right – Petitioner has not chosen to challenge the restriction imposed in Ext.P4 notification, by filing a writ petition under Article 226 of the Constitution of India, before the last date for submission of online application prescribed in the said notification, i.e. 31.12.2020. – Vide Annexure II order dated 16.03.2021, the 1st respondent State has already rejected Ext.P2 request made by the petitioner college for no-objection certificate for increasing the intake in B.Sc. (MLT) course from 30 to 40, for the academic year 2021-22. – In Ext.P11 notification as well, Paramedical institutions attached to Medical Colleges alone are eligible to submit applications. – Moreover, the petitioner college will not fall under the category of ‘institutions which are having no-objection certificate/essentiality certificate from the Government’ as on the date of Ext.P11 notification, i.e. 22.02.2021, or as on 08.03.2021, the last date for submission of online application prescribed in that notification. – In such circumstances, the petitioner college is not entitled for submission of application for enhancement of intake in B.Sc. (MLT) course, for the academic year 2021-22, in terms of either Ext.P4 notification dated 27.08.2020 or Ext.P11 notification – In such circumstances, in the writ petition, this Court need to go into the merits of the contention raised that the aforesaid restriction imposed in Ext.P4 notification is discriminatory and violative of the fundamental rights guaranteed under Article 14 and 19(1)(g) of the Constitution of India. – Petitioner is not entitled for the reliefs sought for in this writ petition

Result: Writ Petition Dismissed