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2021 Supreme(Online)(KER) 18796
ANIL K. NARENDRAN, J
MOULANA COLLEGE OF PARAMEDICAL SCIENCES – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 2151 OF 2021
For the Appellants/Petitioners: SANthOSH MATHEW, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN, SRI.VIJAY V. PAUL, SMT.KARTHIKA MARIA, SRI.ANIL SEBASTIAN PULICKEL, SMT.DIVYA SARA GEORGE, SMT.JAISY ELZA JOE, SMT.VEENA RAVEENDRAN
For the Respondents: SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES
Educational institutions do not have a fundamental right to affiliation; state regulations on seat enhancement ensure standards in Paramedical training institutions.
Headnote:(A) Constitution of India - Article 14 and 19(1)(g) - Writ petition dismissed challenging notification restricting seat enhancement in Paramedical courses to institutions attached to Medical Colleges - Expert Committee found no essentiality for additional seats - No objection certificate is mandatory for seat enhancement. (Paras 6, 10, 22, and 34)
(B) Educational Institutions - Right to impart education - Not a fundamental right to obtain affiliation or recognition - Restrictions based on state policies permissible to maintain academic standards. (Paras 32 and 34)
(C) The petitioner college, established since 2005, sought enhancement from 30 to 40 seats for B.Sc.(MLT) without government approval; application rejected based on Expert Committee's finding of no need. (Paras 4 and 28)
Findings of Court:
Petitioner failed to challenge the notification's restriction timely and lacked a no-objection certificate as required.
Issues: The court considered the legality of restricting applications for increased seats to Paramedical institutions attached to Medical Colleges, and whether the rejection of the petitioner’s application was valid.
Ratio Decidendi: The ruling emphasized the necessity for a no-objection certificate from the state and that the notification's conditions are intended to ensure quality in Paramedical education, turning down claims of discriminatory practices.
Result: Writ petition dismissed.
JUDGMENT
The petitioner, namely, Moulana College of Paramedical Sciences, Angadipuram, is a Paramedical College established by Moulana Charitable Trust, in the year 2005, which is attached to Moulana Hospital. The petitioner college is conducting B.Sc.(MLT) course, from the academic year 2005-06, on the strength of Letter of Permission granted by the 1st respondent State, vide Ext.P1 order dated 08.04.2005 and provisional affiliation originally granted by the University of Calicut, vide Ext.P1A order dated 24.06.2005, based on the inspection report of an Expert Committee and the recommendation of Kerala Paramedical Council, with an intake of 30. As evident from Ext.P1A, subject to ratification by the Syndicate of University of Calicut and subject to approval of Paramedical Council, the petitioner institution was granted provisional affiliation for conducting B.Sc.(MLT) course with the said intake. It was specified in Ext.P1A order that the petitioner college has to apply for continuation of provisional affiliation for the ensuing years, after remitting the required fee, which will be fixed by the University from time to time, along with the approval of Paramedical Council. After the formation of the 2nd respondent Kerala University of Health Sciences, the petitioner college obtained continuation of provisional affiliation from that University. As evidenced by Ext.P1B order dated 06.01.2021, the 2nd respondent University granted continuation of provisional affiliation to the petitioner college for conducting B.Sc.(MLT) course, for the academic year 2020-21, with an intake of 30.
2. Seeking no-objection certificate to increase the intake of B.Sc.(MLT) course from 30 to 40, the petitioner college submitted Ext.P2 request dated 06.02.2020 before the 1st respondent State. By Ext.P3 communication dated 20.08.2020, the 1st respondent requested the 4th respondent Director of Medical Education to take steps to place the said request before the Expert Committee constituted vide G.O(Ms.)No. 101/2020/H&FWD dated 10.07.2020, for ascertaining essentiality for seat enhancement. In the meanwhile, the 2nd respondent University issued Ext.P4 notification dated 27.08.2020 inviting applications for starting new colleges/ additional courses/enhancement seats in Nursing, Pharmacy, Paramedical and Allied Health Science courses, for the academic year 2021-22, and in Medical and Dental courses, for the academic year 2022-23. It is stipulated in the said notification that, for starting of new colleges/courses/enhancement of seats (UG/PG), applications are invited from Paramedical institutions attached to Medical Colleges. The last date for submission of online application, with the requisite documents and fee, was fixed as 31.12.2020.
3. According to the petitioner, no clear reason has been provided by the 2nd respondent University as to why only Paramedical institutions attached to Medical Colleges alone have been permitted to submit applications. On 30.11.2020, the petitioner submitted online application through the website of the 2nd respondent University for enhancement of seats in B.Sc.(MLT) course from 30 to 40, as evidenced by Ext.P5 acknowledgement. Since the petitioner was not provided with password for uploading the details, the petitioner submitted Ext.P6 request dated 21.12.2020 before the 3rd respondent Registrar, which was followed by Ext.P7 reminder dated 29.12.2020. The 3rd respondent replied by e-mail, requiring the petitioner to go through the notification, and the petitioner was informed that in the case of Paramedical courses only Paramedical institutions attached to Medical Colleges can apply. Later, the 2nd respondent University issued Ext.P8 circular dated 29.12.2020, clarifying that the University is accepting online application for affiliation for starting new colleges/courses/enhancements of seats, provisionally, without insisting for essentiality certificate from the Government of Kerala, since applications seeking essentiality
