Point of Law: Power under Article 226 of Constitution of India should exercise discretion consistent with provisions of law and High Court shall ensure that rule of law is enforced by authorities and organs of States should be directed to act in accordance with law only and not contrary to law.

JUDGMENT :

SHAJI P.CHALY, J.

1. The captioned appeal is filed by petitioner in W.P.(C) No.4975 of 2021, challenging the judgment of the learned single Judge dated 25.2.2021, which was dismissed by the learned single Judge holding that the impugned Ext.P11 communication dated 19.2.2021 issued by the Kerala University of Health Sciences, the 1st respondent, declining increasing the intake in B.Pharm course from 60 to 100 seats, for the academic year 2021 holding that as per norms for increasing the sanctioned intake, the 1st batch of the existing course has to pass out and since the appellant has not acquired the said qualification, the findings made in Ext.P11 is neither perverse nor patently illegal warranting interference in writ jurisdiction. It is thus challenging the legality and correctness of the judgment, the appeal is preferred.

2. Shorn of unnecessary details, basic material facts for the disposal of the appeal are as follows; the appellant is a trust running a Self Financing Pharmacy College, viz., KMCT College of Pharmacy, Mampara, Kozhikode District. Appellant obtained approval as per Ext.P1 to start the B.Pharm course on 10.4.2020, for the academic year 2020-2021 with an intake of 100 students subject to the stipulations and conditions prescribed thereunder. On the basis of the approval, appellant applied for issuance of consent of affiliation, however, for an intake of 60 students for the Undergraduate B.Pharm course for the academic year 20202021, was granted by the University as per Ext.P6 order dated 16.10.2020 subject to the conditions prescribed thereunder.

3. The appellant has approached the writ court seeking a writ of certiorari to quash Ext.P11 communication issued by the University dated 19th February, 2021, whereby the appellant was informed that as per norms for increasing the sanctioned intake, the 1st batch of students in the existing course has to pass out and therefore, the application submitted by the appellant cannot be considered favourably. It is an admitted fact that as per Ext.P5 application submitted before the University, appellant has sought for consent of affiliation from the University only for 60 seats.

4. It is quite clear and evident from Ext.P5 application that the details of the faculty are given in accordance with the requirement of the University and also declaring that 100% physical infrastructure and staff and equipments as per University norms are available. Apart from the same, a general declaration is made in the application that the details furnished are true to the best of the knowledge of the signatory to the applicant and supported by valid documents.

5. While so, the Government of India, Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH), New Delhi as per Ext.P9 communication dated 8.12.2020 addressed the State Authorities that due to prevailing COVID – 19 pandemic, Ministry has decided that the last date/cut off date for admission in ASU & H Under Graduation and Post-graduation courses will be 28th February, 2021 for the academic year 2020-2021. Matters being so, Ext.P8 communication was issued by the State Government dated 27.1.2021 informing that the cut off date for admission to B.Pharm course is fixed as 15.2.2021 and hence, the Commissioner of Entrance Examinations was requested to conduct one more allotment incorporating EWS reservation before the cut off date. Apparently, taking advantage of the said situation appellant has submitted a request before the Registrar of the Kerala University of Health Sciences, for increasing the intake of seats in Bachelor of Pharmacy Course for the academic year 2020-2021 onwards. In view of the contentions advanced in the appeal, it is worthwhile to extract the request made by the appellant, which reads as follows:

“K M C T

COLLEGE OF PHARMACY

Approved by Pharmacy Council of India, AICTE & Affiliated to Kerala University of Health Sciences

KMCT/COP/2021/013 16-02-2021

To,

The Registrar,

Kerala University fo