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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Principal, Dr. Somervell Memorial CSI Medical College – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
N. NAGARESH, J.
1. The Principal of Dr. Somervell Memorial CSI Medical College, Allied Health Sciences, Karakkonam, Thiruvananthapuram seeks to quash Exts.P1, P5, P7 and P8 and to direct the 2nd respondent to grant affiliation to start Bachelor of Occupational Therapy (BOT), Bachelor of Audiology and Speech Language Pathology (BASLP), Bachelor of Dialysis Technology (BDT) and B.Sc Medical Microbiology forthwith.
2. The petitioner states that they are conducting various paramedical courses like Bachelor of Physiotherapy (BPT), Bachelor of Science in Medical Laboratory Technology (B.Sc MLT), Bachelor of Science in Optometry (B.Sc Optometry) and Master of Hospital Administration. The 2nd respondent-Kerala University of Health Sciences has issued Ext.P1 notification dated 31.08.2024 inviting applications for starting new courses and for enhancement of seats.
3. The petitioner submitted application for starting BOT for 20 seats, BASLP with 20 seats, BDT with 10 seats, B.Sc MMB with 30 seats and an application for enhancement of MHA seats from 5 to 20. The Government has issued NOC for BOT (20 seats), BASLP (20 seats), BDT (10 seats) to the petitioner. The Government also issued N
The requirement for a minimum pass percentage in existing courses is essential for maintaining educational standards in institutions seeking accreditation for new paramedical courses.
Statutory interpretation requires that conditions for new course approvals be reasonable, ensuring they uphold educational standards without being unworkable.
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-obj....
As per Clause 3 of the Scheme, which deals with qualifying criteria, the medical college/institution shall qualify to apply for increasing the number of admission in MBBS/PG Diploma/Degree/Higher Spe....
Point of Law : Publication of the Statute is mandatory and not directory. Until its publication in the Official Gazette, even if assent has been obtained by the Chancellor, the Statute will not have ....
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 Sta....
Educational institutions - Approval and affiliation - Order of "additional Affiliation/consent of affiliation - Denial of additional affiliation/consent for affiliation to the Nehru Academy of Law is....
The main legal point established in the judgment is that the University's actions in limiting the intake of students and insisting on a NOC from the State Government were arbitrary and not justified ....
Educational institutions must comply with statutory regulations for seat enhancement; inspections for such enhancements are limited to one per academic year as per governing laws.
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