The requirement for a minimum pass percentage in existing courses is essential for maintaining educational standards in institutions seeking accreditation for new paramedical courses.

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 2^nd 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 2^nd 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 NOC for B.Sc MMB (30 seats) and for enhancement of MHA seats (from 5 to 20).

4. However, the 2^nd respondent rejected the application for starting BDT, BASLP, BOT and B.Sc MMB Courses as per Ext.P5 stating that the pass percentage of all regular examinations of existing Batches is only 44.15% which is below the minimum prescribed requirement.

5. The petitioner states that as per Clause 2(5)(ii)(v) of Ext.P7 notification, in case of additional courses and/or for enhancement of seats, the Colleges shall satisfy the condition that the first Batch of the courses in the institution under the same stream shall be passed out and the details of the average of pass percentage of previous regular examinations of all existing Batches of the same course at the same time of submitting the application and a declaration that the percentage is not below the minimum prescribed by the Governing Council in the notification issued by the University for the purpose of the addition/enhancement concerned. The petitioner submits that since Ext.P7 notification has not been published in official gazette, it will have no force of law.

6. The petitioner submits that the words “same stream” in the statute must be taken to mean as same course. The petitioner submits that Ext.P8 notification is illegal as it has not followed the mandatory requirements underSections 41 (3)(iv), 41(3)(v), 41(3)(vi) and 46 of the Kerala University of Health Sciences Act.

7. Respondents 2 and 3 opposed the writ petition. For processing applications for starting additional courses, the average of pass percentage of all regular examinations of the existing Batches of all courses under the same stream shall not be below the minimum prescribed by the Governing Council in the notification issued by the University from time to time, contended respondents 2 and 3. Ext.P1 notification prescribes the average pass percentage of previous regular examinations of existing Batches of the courses in that stream as 50% for starting additional courses.

8. Respondents 2 and 3 submitted that Ext.P7 Amendment Statute was published in the official gazette on 15.12.2021 and hence the argument of the petitioner in that regard, is unsustainable. Sub-clause A to Clause 2(5)(ii)(v) prescribes the condition to be complied by institutions applying for additional courses wherein it is prescribed that the average of pass percentage of all regular examinations of the existing Batches of all courses under the same stream is not below the minimum prescribed by the governing council in the notification issued by the University from time to time for the purpose of additional course concerned.

9. The minimum pass percentage provision in the affiliation statute is intended to ensure the overall quality of the institution while considering their