IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ TUESDAY, THE 22^ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947 WP(C) NO. 16738 OF 2025 PETITIONER:

M.G.M. ACADEMY OF PHARMACY VELICHIKKALA P.O., KOLLAM REPRESENTED BY ITS EXECUTIVE DIRECTOR, PIN - 691573 BY ADVS.

NISHA GEORGE GEORGE POONTHOTTAM (SR.)

SIDHARTH.R.WARIYAR RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -

695001

2 THE DIRECTOR OF MEDICAL EDUCATION DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, KUMARAPURAM ROAD, CHALAKKUZHI, THIRUVANANTHAPURAM, PIN - 695011

3 THE CHAIRMAN BOARD OF D.PHARM EXAMINATIONS, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, KUMARAPURAM ROAD, CHALAKKUZHI, THIRUVANANTHAPURAM, PIN -

695011

4 PHARMACY COUNCIL OF INDIA NBCC CENTRE, 3RD FLOOR, PLOT NO. 2, COMMUNITY CENTRE, MAA ANANDAMAI MARG, OKHLA, PHASE-I, NEW DELHI, REPRESENTED BY ITS REGISTRAR-CUM-

SECRETARY, PIN - 110020 OTHER PRESENT:

GP SMT. PARVATHY K., SC SMT. MINI GOPINATH.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 22 ^nd day of April, 2025 The grievance voiced in this writ petition is with respect to the non granting of No Objection Certificate and consent of affiliation of examining authority and seeks for a direction to the 4^th respondent not to insist No Objection Certificate from the State Government and consent of affiliation of examining authority for considering the application of the petitioner for approval of B.Pharm and D.Pharm courses.

2. In this regard, it is also contended by the petitioner that the petitioner has already approached the 1^st respondent for getting NOC as per Ext.P1 dated 21.01.2025. The petitioner also preferred on abundant caution, Exts.P2 and P3 before the 2^nd and 3^rd respondents and thereafter the petitioner has preferred a reminder as per Ext.P10 dated 10.03.2025. It is alleged that no steps have been taken even now. It is stated that last date for consideration of appeal for the approval by the pharmacy council is on 30.04.2025. Under such circumstances, the petitioner seeks an expeditious disposal of Ext.P1.

3. The learned Government Pleader submitted that the petitioner has approached this Court at the last moment. Moreover, the 4^th respondent Pharmacy Council submitted that without getting NOC from the 1^st respondent, they could not consider the appeal preferred by the petitioner.

4. Under such circumstances, taking note of the situation that 30.04.2025 is the last date for considering the appeal, and for considering the appeal, NOC from the 1^st respondent is a criteria, the 1^st respondent shall pass appropriate orders on Ext.P1, as expeditiously as possible.

The writ petition is disposed of as above.

sd/-

P.M.MANOJ JUDGE

das

APPENDIX OF WP(C) 16738/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMMUNICATION NO. KEA-

MGMAP/H&FW/01/2025 DATED 21.01.2025 ISSUED TO THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF COMMUNICATION NO. KEA-

MGMAP/DME/01/2025 DATED 21.01.2025 ISSUED TO THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF COMMUNICATION NO. KEA-

MGMAP/B-DP-E/01/2025 DATED 21.01.2025 ISSUED TO THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF CONSENT OF AFFILIATION NO.

1328/2025/A2/ACADEMIC PHARMACY/KUHS DATED 29.01.2025 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES TO THE PETITIONER Exhibit P5 TRUE COPY OF THE DECISION LETTER DATED

21.02.2025 FROM THE 4TH RESPONDENT REJECTING THE APPLICATIONS FOR APPROVAL FOR D. PHARM AND B. PHARM COURSES IN THE PETITIONER COLLEGE Exhibit P6 TRUE COPY OF THE CIRCULAR 14-56/2024-

PCI (APPROVAL PROCESS FOR 2025-26 A.S.)/5080 DATED 17.12.2024 ISSUED BY THE PHARMACY COUNCIL OF INDIA WITHOUT ITS ANNEXURES.

Exhibit P7 TRUE COPY OF COMMUNICATION NO. 14-

56/2025-PCI (APPROVAL PROCESS FOR 2025-

26 A.S.) DATED 07.03.2025 INTIMATING THE LAST DATE FOR APPEAL ISSUED BY THE

4TH RESPONDENT Exhibit P8 TRUE COPY OF THE DETAI