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2018 Supreme(Online)(KER) 24842
HIGH COURT OF KERALA
K.SURENDRA MOHAN, SHIRCY V., JJ
KERALA STATE SELF-FINANCING PHARMACY COLLEGE MANAGEMENT ASSOCIATION – Appellant
Versus
STATE OF KERALA Advocate - GOVERNMENT PLEADER GOVERNMENT PLEADER – Respondent
WRIT PETITION (CIVIL) 11340/2018
Self-financing pharmacy colleges can conduct admissions based on merit independently, without state interference, as there was no seat-sharing agreement established.
Headnote:
Education - Pharmacy Admissions - None - The court examined the authority of the State Government versus the Pharmacy Council of India concerning admissions and seat allotments in pharmacy colleges, confirming that colleges can admit students based on merit without state interference.
Fact of the Case:
The petitioners challenged the State's entrance examination process for B.Pharm admissions, asserting that the Pharmacy Council of India holds the authority for admissions and accusing the State of improperly taking control of seat allotments without an agreement.
Finding of the Court:
The court ruled that the State Government's order for seat allotment was flawed and confirmed that pharmacy colleges could independently admit students based on merit as established by previous judgments, emphasizing a transparent and non-exploitative admission process.
Issues: Whether the State Government has the authority to conduct entrance examinations and allot seats for B.Pharm courses of self-financing colleges without any seat-sharing agreements.
Ratio Decidendi: The court held that since there were no agreements for seat sharing and based on precedent, self-financing colleges could conduct admissions independently as per merit without state intervention.
Final Decision: The writ petition is disposed of allowing self-financing colleges to admit students based on a merit-based procedure.
J U D G M E N T
Surendra Mohan, J.
The petitioners, Kerala State Self Financing Pharmacy College Management Association and the Principal of Ahalia School of Pharmacy have filed this Writ Petition seeking the following reliefs:-
i. Issue a writ of certiorari, or any other appropriate Writ, Order or direction, calling for the records leading to Exhibit P4 notification and Exhibit P5 prospectus to the extent it includes B.Pharm course and quash the same;
ii. Issue a Writ in the nature of declaration or any other appropriate Writ, Order or direction, declaring that the authority for fixing the qualification for admissions, conducting admissions and allotment to the B.Pharm course in any approved course in Pharmacy is the Pharmacy Council of India and not the State Government or the Commissioner of entrance Examinations for the State of Kerala and therefore the inclusion of B.Pharm course in Exhibit -P4 and Exhibit P5 is against law and unauthorised.
Iii. Issue a Writ of Mandamus or any other appropriate Writ, Order or direction, allowing Educational Institutions in the State of Kerala to conduct admissions to B.Pharm course as per the guidelines fixed by the Pharmacy Council of India, based on the marks obtained in relevant subjects in Plus 2 examination as provided in the Regulations without the entrance test as provided through Exhibit P4 and P-5.
iv. Issue such other Writ, Order or direction as this Hon'ble Court may deem fit in the facts and circumstances of this case.
2. According to the petitioners, there are 35 Pharmacy Colleges in the State, out of which five colleges are conducted by the Government. The rest of the colleges are Self-Financing colleges. The number of seats available for admission of students to the courses in Pharmacy are sanctioned by the All India Council for Technical Education (AICTE for short). They are conducting under graduate courses that are affiliated to the Kerala University of Health Sciences. The present complaint is that, the State is trying to usurp the seats of the college by having an entrance examination conducted by the second respondent and allotting students to various colleges through a centralised allotment process. As per exhibit P4 notification, such a procedure has been contemplated. Exhibit P5 is the prospectus that has been issued by the Government. It is contended by the petitioners that, it is their right to admit students to the seats sanctioned to them by the AICTE. No consensual agreement has been entered into between the college and the State for sharing the available seats. In the absence of any such agreement, it is contended that the members of first petitioner are entitled to select students in compliance with the parameters laid down by the Apex Court. Though as per an interim order dated 01.06.2018, a learned Single Judge of this Court had directed the State to execute an agreement for the purpose of sharing the available seats, the said interim order has also not been complied with. Since admissions have to be made immediately, it is contended that urgent orders are required to be issued with respect to the manner in which the seats are to be filled up. We have heard the Writ Petition itself on the understanding that the same could be finally disposed of.
3. A statement has been filed on behalf of the first respondent. The stand taken by the respondents is that, what has been entrusted to the Commissioner for Entrance Examinations, Kerala by the Government Order evidenced herein by exhibit R1-(a) is only allotment of students to Government Pharmacy Colleges and 50% of the seats in Self-Financing colleges on the basis of agreements entered into with the Government for sharing the seats. It is admitted that, institutions under the first petitioner association have not entered into seat sharing agreements with the Government for the 2018-19 academic year. Therefore, it is contended that the apprehensions of the petitioner are without justification.
4. Having heard the respec
