BY AD v. TONY GEORGE KANNANTHANAM
Case at a glance
Outcome
Disposed of
In such circumstances, this writ petition is disposed of
Key paragraphs
- Para 44. Thus from the submission made by the learned senior counsel, it is evident that as of now, there is no necessity for the petitioner to obtain NOC from the Government. Therefore, there W.P.C No. 7597 of 2024 4 is no legal impediment in processing…
Judgment
direction to direct the first respondent to take an immediate decision on petitioner's application for NOC if this Court is of the opinion that such an NOC is required. (iv) This Hon'ble Court may be pleased to direct the registry to dispense with the filing of translation of vernacular documents. (v) To grant such other reliefs as are just and proper in the nature of this case.”
The filing of the writ petition was necessitated in view of the fact that, the petitioner wants to establish a Pharmacy College offering B.Pharm. Ext.P4 application has been submitted W.P.C No. 7597 of 2024 3 in this regard before the 3rd respondent University. The grievance of the petitioner is that, the 3rd respondent will not consider and process the Ext.P4 application without an NOC from the Government and the writ petition was submitted in such circumstances.
Today when the matter came up for considerations, the learned senior counsel appearing for the 3rd respondent submitted that, in the provision requiring the submission of NOC for establishing Pharmacy College for B.Pharm as contained in PCI regulations has been struck down by this Court in W.P.C No.15525/2018. It was further pointed out by the learned senior counsel that, as per the procedure now existing, the University would seek an opinion from the Government and if the opinion is received within one month the same shall be considered and the decision shall be taken and in case the opinion is not received within one month, further processing of the application will be done.
Operative part
Thus from the submission made by the learned senior counsel, it is evident that as of now, there is no necessity for the petitioner to obtain NOC from the Government. Therefore, there W.P.C No. 7597 of 2024 4 is no legal impediment in processing the Ext.P4 application submitted by the petitioners before the 3rd respondent. In such circumstances, this writ petition is disposed of directing the 3rd respondent to process Ext.P4 application, in accordance with the rules and regulations in this regard and appropriate decision shall be taken as expeditiously as possible along with the other similar applications pending consideration. Sd/- ZIYAD RAHMAN A.A JUDGE W.P.C No. 7597 of 2024 5 APPENDIX OF WP(C) 7597/2024 PETITIONER EXHIBITS Exhibit-P1 Exhibit -P2 Exhibit-P3 Exhibit -P4 Exhibit -P5 Exhibit-P6 Exhibit-P7 Exhibit-P8 Exhibit-P9 Exhibit-P10 TRUE COPY OF THE LETTER NO.K2/295/2022/H & FWD DATED 8-12-2022 BY THE GOVERNMENT FORWARDING PETITIONER'S APPLICATION TO THE DME TRUE COPY OF THE LETTER NO.K2/295/2022/H & FWD DATED 1-11-2023 FROM THE GOVERNMENT TO THE PETITIONER TRUE COPY OF THE EXPLANATION NO. MECT/B.PHARM/ COMP-RE/H8WD-NOV.2023 DATED 7-11-2023, GIVEN TO THE GOVERNMENT BY THE PETITIONER TRUE COPY OF THE PRINT OUT OF THE APPLICATION FOR STARTING A NEW COLLEGE/COURSE DATED 27-12-2023 TRUE COPY OF THE NOTIFICATION NO.25494/2019/AC1/ GEN.A2/KUHS DATED 30- 12-2023 TRUE COPY OF THE LETTER NO.DME/56/2023-B4 DATED 9-1-2024 BY THE DIRECTOR OF MEDICAL EDUCATION TO THE PRINCIPAL TRUE COPY OF THE LETTER NO.K2/295/2022H & FWD DATED 27-1-2024 TRUE COPY OF THE NOTIFICATION NO. 2035/AC-H/KUHS DATED 24-2-2020. A COPY OF THE SAID NOTIFICATION, ALONG WITH CHAPTER XXI AS AMENDED TRUE COPY OF THE NOTIFICATION NO.2025/AC- H/2015/KUHS DATED 24-2-2020 GAZETTE EXTRA ORDINARY DATED 15-12-2021 TRUE COPY OF THE SCHEME FRAMED UNDER REGULATION 9(1) OF THE BACHELOR OF PHARMACY (B.PHARM) COURSE REGULATIONS, 2014 SCHEME
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.