KANNUR DENTAL COLLEGE vs KERALA UNIVERSITY OF HEALTH SCIENCES
- Court
- Kerala High Court
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“CR”
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
WEDNESDAY, THE 4 DAY OF NOVEMBER 2026 / 13TH KARTHIKA, 1948
WP(C) NO. 36167 OF 2026
PETITIONER(S):
KANNUR DENTAL COLLEGE
REPRESENTED BY THE MEDICAL DIRECTOR ANJARAKKANDY.P.O.
KANNUR DISTRICT, PIN – 670612
BY ADVS.
SHRI.TONY GEORGE KANNANTHANAM
SRI.SHAJIN S.HAMEED
SHRI.EBEE ANTONY
SHRI.AJITH GEORGE KOOLA
SRI. KURIAN GEORGE KANNANTHANAM (Sr.)
RESPONDENT ( S ) :
1 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE. P.O.
TRICHUR, PIN - 680596
2 THE REGISTRAR
KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE.
P.O. TRICHUR, PIN - 680596
3 THE COMMISSIONER OF ENTRANCE EXAMINATIONS
V1TH FLOOR, KSRTC TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001
4 MEDICAL COUNSELING COMMITTEE (MCC)
REPRESENTED BY SECRETARY, NIRMAN BHAVAN, CENTRAL
SECRETARIAT, KARTHAVYA PATH, NEW DELHI, PIN - 110011
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BY ADVS.
SRI.S.GANESH, SC,KERALA UNIVERSITY OF HEALTH SCIENCES
SHRI.BENRAJ K.R., CGC
SHRI.P.SREEKUMAR, ASGI
SMT. RUKHIYABI MOHAMMED KUNHI, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2026, THE COURT ON 04.11.2026 DELIVERED THE FOLLOWING:
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“CR”
P.V.KUNHIKRISHNAN, J.
------------------------------------------
W.P.(C) No.36167 of 2026
----------------------------------------------------
th
Dated this the 4 day of November, 2026
JUDGMENT
The petitioner’s College was established in the year
2005-2006, with a sanctioned intake of 50 seats for
Bachelor of Dental Surgery (BDS). The Central Government
has also issued its Letter of Permission (LOP) on the
recommendation of the Dental Council of India (DCI). As per
DCI regulations, this LOP must be renewed every year until
the first batch of students passes out. The DCI grants this
renewal after an annual inspection and recommends it to
the Central Government. This renewal was done every
year. On the first batch passing out, the Central
Government granted the College “recognition”. It is
submitted that only a recognised College can apply for
enhancement of intake and for additional courses. Once
recognised, no further LOP is required, nor is there any
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annual inspection by the DCI, is the submission. However,
for Self-Financing Colleges, the University grants affiliation
only for a year and gives “continuation” of affiliation every
year after inspection.
2. It is submitted that the College got its first
recognition by the Central Government on the
recommendation of the DCI in the year 2012, and the
College applied for enhancing the intake capacity for BDS,
which was enhanced from 50 to 100 in 2012. The College
also received recognition for this enhanced intake in 2017,
as per the further submission. A few P.G. Courses (MDS)
were sanctioned in 2012, and one additional course was
also sanctioned in 2013, as per the submission. The P.G.
Courses started in 2012 were also recognised in 2016, and
the additional course started in 2013 was also recognised in
2018, as submitted. Thereafter, the affiliation by the
University was being renewed every year till 2024-25, as
submitted by the petitioner.
3. When it was not renewed for the year 2025-26,
the College approached this Court by filing Writ Petition No.
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26519/2025. At that time, the allotment process by the
Commissioner was in progress, is the submission.
Accordingly, this Court intervened and granted an Interim
Order on 01/08/2025 to include the College in the allotment
process. Against the interim order, the Commissioner for
Entrance Examination filed Writ Appeal number 1912/2025.
While the Division Bench was considering the appeal, the
University renewed the affiliation for the academic year
2025-26, as evident from Ext.P1. This renewal of affiliation
was for BDS and MDS together.
4. The University had started an “accreditation”
process recently is the submission. The College was
granted accreditation with an A+ grade in 2024, as evident
from Exhibit P2 - Certificate of Accreditation, is the further
submission. The accreditation was granted on the
recommendation of the “Quality Assurance Monitoring
Committee,” and this accreditation is valid up to
16.01.2027, is the submission. In 2024 itself, the University
recognised the College as a “Doctoral Research Centre,”
and Ext. P3 is produced for the same. It is also submitted
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that the DCI had conducted its routine inspection in 2023
th
and a Joint Inspection for BDS and MDS together on 5 and
th
6 of April 2023. The petitioner states that the DCI did not
note any deficiency, and the status report given by the DCI
is produced as Exhibit-P4.
5. The petitioner applied for continuation of
affiliation for 2026-27 on 12.09.2025. After 6 months, the
University conducted an inspection on 05.03.2026. Certain
deficiencies were pointed out as per Ext.P5 letter, and
according to the petitioner, the deficiencies noted by
inspectors were not relevant or specific. It is submitted that
the petitioner submitted a compliance report on stamp
paper, as evidenced by Ext.P6, addressing all the
deficiencies. Ext.P7 is the staff/faculty list, which was
produced along with the Ext.P6 compliance report as
Annexure-1. Therefore, it is submitted that the College has
all required staff to conduct the courses. The University FEP
number is also mentioned in the list is the submission. It is
further submitted that these staff were present in the
College and this was not observed by the inspectors.
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Thereafter, the University appointed the very same
inspectors to conduct a compliance inspection. The said
inspection was conducted on 07.07.2026. Even after the
Commissioner for Entrance Examinations notified
admissions for MBBS & BDS, the University has not passed
any orders on continuation of affiliation.
6. On 19.08.2026, the University issued a ‘show
cause’ notice as evident by Ext.P8 and the petitioner gave
a detailed compliance report on 24.08.2026. Thereafter, the
University directed the College to pay an inspection fee of
Rs.22,500/-. That was paid by the College immediately is
the submission. Though the inspection fee was remitted as
directed, the University did not conduct any inspection, nor
did it pass any orders on continuation of affiliation, is the
further submission. Ext.P1 is the University order granting
continuation of affiliation for the academic year 2025-26.
The academic year 2026-27 for BDS started on 15.09.2026,
as evident from Ext.P9 is the submission. In such a
situation, the petitioner approached this Court by filing W.P.
(C). No.32015/2026. This Court posted the case to
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29.09.2026, directing the University to complete the
inspection and produce the Inspection report before this
Court, and Ext.P10 is the interim order. When the writ
petition came up for consideration on the next posting
date, the Standing Counsel for the University submitted
that it was difficult to conduct an inspection within such a
short time and that it did not propose to conduct any
inspection; therefore, the case was posted for hearing to
05.10.2026. However, according to the petitioner, the
University conducted an inspection on 01.10.2026, and the
case came up for consideration again on 05.10.2026; on
that day, the learned Counsel for the University submitted
that the inspection report is being processed and requested
that the matter be posted on 07.10.2026. On that day, they
again sought an adjournment, and it was posted to
13.10.2026. On that day, the Standing Counsel for the
University submitted that the Scrutiny Committee rejected
the petitioner’s application. This Court recorded the same
as evident from Ext. P11 order. Subsequently, when the
matter came up for consideration on 16.10.2026, the
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Standing Counsel for the University made available a copy
of the University's order, as evident from Ext. P12, rejecting
the extension of affiliation for 2026-27. Aggrieved by the
same, this writ petition is filed.
7. Heard Sri. Kurian George Kannanthanam, the
learned Senior Counsel who is instructed to appear for the
petitioner in this case, and Sri. P.Sreekumar, the learned
Senior Counsel who is instructed to appear for the
University. I also heard the standing counsel appearing for
th
the 4 respondent.
8. The Senior Counsel appearing for the petitioner
argued the matter in detail. The Senior Counsel submitted
that on a perusal of the Kerala University of Health
Sciences Act, 2010 (for short, the Act 2010) and the Kerala
University of Health Sciences First Statutes 2013 (for short,
Statutes), it is clear that the Registrar has no jurisdiction to
issue the Ext.P12 order. The Senior Counsel also submitted
that once this Court has found that the Registrar has no
jurisdiction to reject the affiliation application, in the light of
the principle laid down by this Court in Jubilee Mission
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Medical College & Research Institute v. University of
Calicut and others [2008 (4) KLT 966], which says that, if
the University does not take a decision in the matter of
either continuance of affiliation or confirmation of affiliation
before the period of expiry of the period of affiliation, then
the provisional affiliation must be treated as having been
extended for one more year. Hence, it is submitted that the
prayers in this writ petition should be allowed.
9. On the other hand, the Senior Counsel appearing
for the University submitted that the principle laid down by
this Court in Jubilee Mission Medical College’s case
(supra) is not applicable to the facts of this case and it is a
case in which there was provisional affiliation and in this
case, there is only conditional affiliation as per Ext.P1. The
Senior Counsel fairly submitted that, if a strict
interpretation of the provisions of the Act 2010 and the
Statutes is adopted, the Registrar may not have jurisdiction
to pass orders in the affiliation application. But the Senior
Counsel submitted that the competent authority, namely
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the Governing Council, will consider the affiliation
immediately.
10. This Court considered the contention of the
petitioner and the University. Section 51(4) of the Act 2010
says that the rules and procedure for affiliation of a college
to the University shall be as prescribed by the Statutes.
Section 53(1) of the Act 2010 says that an affiliated college
or recognised institution may apply for continuation of
affiliation or recognition for the courses of study for which
affiliation or recognition was granted, ordinarily six months
before the date of expiry of such affiliation or recognition.
It is also stated that the University shall follow the
procedure prescribed in the Statutes, so far as applicable,
for grant of continuation of affiliation. Section 12(7) of the
Act 2010 says that if there are reasonable grounds for the
Vice-Chancellor to believe that there is an emergency
which requires immediate action to be taken, he shall take
such action as he thinks necessary, and shall at the earliest
opportunity, report in writing the grounds for the
emergency and the action taken by him to such authority
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or body which, in the ordinary course, would have dealt
with the matter. It also says that if a difference arises
between the Vice-Chancellor and the authority on the
existence of such an emergency, the action taken, or both,
the matter shall be referred to the Chancellor, whose
decision shall be final. Therefore, in an emergency
situation, the Vice-Chancellor has certain powers as per
Section 12(7) of the Act 2010.
11. Section 23 of the Act 2010 deals with the powers
of the Governing Council. Section 23(v) provides that the
Governing Council may affiliate medical institutions in
accordance with the terms and conditions of such affiliation
provided by the Act 2010 and the Statutes. Therefore, the
power to affiliate medical institutions is vested in the
Governing Council, and the Vice-Chancellor, of course, has
powers in certain emergency situations.
12. Admittedly, Ext.P12 is passed by the Registrar of
the University. Whether the Registrar has got powers to
pass orders in the affiliation application is the first question
to be decided. Section 14 of the Act 2010 deals with the
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Registrar's powers. A reading of Section 14 shows that the
Registrar has only administrative powers, not statutory
powers. Ext. P13 is the amended Chapter XXI of the
Statutes regarding college affiliation. Clause 2(3) of the
Statutes sets out the general conditions colleges must
satisfy for affiliation with the Governing Council. Clause 2(5)
(vi) deals with the power of the Governing Council to grant
affiliation. Clauses 2(5)(ix)(14), 2(5)(ix)(16) and 2(5)(ix)(19)
deal with the manner in which the Governing Council has to
act. Therefore, the affiliation application is to be considered
by the Governing Council of the University, not by the
Registrar.
13. The Senior Counsel appearing for the University
fairly conceded that as per the Act 2010 and the Statutes,
the Registrar has no power to consider the affiliation
application. If that is the case, Ext.P12 is to be set aside.
14. What is the consequence of setting aside Ext.P12
is the next question to be decided. This Court in Jubilee
Mission Medical College’s case (supra) observed like
this in paragraph 22:
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“22. ……….. In my view, if the University does not
take a decision in the matter of either continuance of
the provisional affiliation or confirmation of the
affiliation before the expiry of the period of
provisional affiliation, then the provisional affiliation
must be treated as having been extended for one
more year, rendering legitimacy to the affiliated
institutions continuing to offer its courses in the
same manner in which it was done during the
currency of the provisional affiliation. In my view this
certainty is absolutely required to lend sanctity to the
action taken by the University and instill confidence
in the mind of the students who were prosecuting
different courses in the affiliated institutions. To
recognise a power in the University to take a decision
in the matter of continuation of the provisional
affiliation at any point of time or to consider the
absence of any decision by the University in the
matter of continuation of provisional affiliation or
confirmation of the same, as equivalent to cessation
of the affiliation would tantamount to conferment of
power which is not clearly spelt out by the First
Statute. Even otherwise any such exercise of power
would be unfair and arbitrary and violative of Art.14
of the Constitution. I am of the view that the
paramount consideration namely the interests of the
students, would obviously afford justification that
such an interpretation be placed on the relevant First
Statutes in Chapter 23.”
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15. From the above it is clear that, if the University
does not take a decision in the matter of either continuance
of the provisional affiliation or confirmation of the affiliation
before the expiry of the period of provisional affiliation,
then the provisional affiliation must be treated as having
been extended for one more year, rendering legitimacy to
the affiliated institutions continuing to offer their courses in
the same manner in which it was done during the previous
year's provisional affiliation.
16. There is no dispute to the fact that if Ext.P12 is
not in existence, the University has not taken any decision
in the matter of either continuance of provisional affiliation
or confirmation of affiliation before expiry of period of
provisional affiliation, and then consequently the
provisional affiliation must be treated as having been
extended for one more year in the light of the principle laid
down in Jubilee Mission Medical College’s case (supra).
But the Senior Counsel appearing for the University
submitted that the petitioner has not obtained any
provisional affiliation and has only conditional affiliation;
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therefore, the principle laid down in Jubilee Mission
Medical College’s case (supra) is not applicable. I cannot
agree with the above proposition made by the Senior
Counsel appearing for the University. The Senior Counsel
for the University relied on Clause 2(5)(ix)(16), which is
extracted hereunder:
“16) Conditional affiliation- The affiliation granted
may also be conditional. If conditional affiliation is
granted, conditions to be fulfilled and the time fixed
for fulfilment of the conditions shall be specified in
the order of the Governing Council granting the
affiliation. If the conditions are not fulfilled by the end
of the period fixed, the affiliation shall cease
automatically. If the conditions are fulfilled, the
Governing Council shall have the power to confirm
the affiliation at the end of the period. While seeking
conditional affiliation, the educational
agency/institution shall undertake that the loss
suffered by the students admitted to the institution,
in the event of affiliation being not granted, shall be
compensated by the educational agency/institution”
17. The Senior Counsel submitted that the affiliation
granted may also be conditional in the light of the above
clause. Hence, it is submitted that Ext.P1 is only a
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conditional affiliation. However, the Senior Counsel for the
University fairly conceded that, except for the indication in
Clause 2(5)(ix)(16) of the Statutes, there is no other
provision from which it can be seen that there is provisional
affiliation and a conditional affiliation. If conditional
affiliation is granted, the conditions to be fulfilled and the
time fixed for fulfilment shall be specified in the order of
the governing council granting the affiliation, and if the
conditions are not fulfilled by the end of the fixed period,
the affiliation shall cease automatically. If the conditions
are fulfilled, as per the provisions, the governing council
shall have the power to confirm the affiliation at the end of
the period. The provision also states that, while seeking
conditional affiliation, the educational agency/institution
shall undertake that the loss suffered by students admitted
to the institution, if affiliation is not granted, shall be
compensated by the educational agency/institution.
18. Therefore, Clause 2(5)(ix)(16) of the Statutes
only says about conditional affiliation for that academic
year and the conditions are to be fulfilled during that
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academic year. That does not mean that a conditional
affiliation is not a provisional affiliation. The conditional
affiliation granted is also a provisional affiliation, especially
when either in the Act, 2010 or in the Statutes, two types of
affiliation are not specifically mentioned. Therefore, this
Court has to conclude that the conditional affiliation
granted to the petitioner as per Ext.P1 is also a provisional
affiliation. If that is the case, the dictum laid down by this
Court in Jubilee Mission Medical College’s case (supra)
is squarely applicable here. Since Ext. P12 is non est
because it is an order passed by an incompetent authority
and the competent authority of the University has not
taken any decision in the matter of either continuance of
the provisional affiliation or confirmation of the affiliation
before the expiry of the period of provisional affiliation, the
provisional affiliation is to be treated as having been
extended for one more year. Such a declaration can be
passed in this case as prayed for. But, as per the tentative
schedule prescribed for the BDS course, the admission
process ends on 26.10.2026, and this Court cannot pass
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any order allowing the petitioner to admit students in this
academic year.
Therefore, this Writ Petition is allowed-in-part in the
following manner:
1. Ext.P12 is set aside.
2. It is declared that the petitioner College
has deemed continuation of affiliation for
conducting the BDS Course with an intake
of 100 seats for the academic year 2026-
27 in the light of the principle laid down by
this Court in Jubilee Mission Medical
College & Research Institute v.
University of Calicut and others [2008
(4) KLT 966].
3. Since the admission process as per the
tentative schedule for the BDS course for
the academic year 2026-27 is over, the
prayer of the petitioner to conduct fresh
stray vacancy allotment to the petitioner’s
college after inviting options for the same
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cannot be entertained; hence, that prayer
is rejected.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nvj/JV/DM
Judgment reserved 29.10..2026
Date of Judgment 04.11.2026
Judgment dictated 29.10.2026
Draft Judgment placed 31.10.2026
Final Judgment uploaded 04.11.2026
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APPENDIX OF WP(C) NO. 36167 OF 2026
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE ORDER NUMBER UONO.1138/
2025/ACADEMIC/KUHS DATED 5/8/2025 ISSUED BY
THE UNIVERSITY
Exhibit.P2 TRUE COPY OF THE CERTIFICATE OF
ACCREDITATION DATED 17-1-2024 ISSUED BY THE
UNIVERSITY
Exhibit.P3 TRUE COPY OF THE ORDER NO.509/2024/
DEAN/KUHS DATED 12-8-2024 ISSUED BY THE
UNIVERSITY
Exhibit.P4 TRUE COPY OF THE STATUS REPORT NO.
DCI/ACAD/BDS/CLG/PERIODIC/ 266/2024-25/
2024/1852 DATED 12/06/2024 GIVEN BY THE DCI
Exhibit.P5 TRUE COPY OF THE LETTER DATED 30-5-2026,
POINTING OUT THE DEFICIENCIES
Exhibit.P6 TRUE COPY OF THE COMPLIANCE REPORT NO
1/ACAD/2026/KDC/603 DATED 15/06/2026 WITHOUT
ANNEXURES, SUBMITTED BY THE COLLEGE
Exhibit.P7 TRUE COPY OF THE STAFF LIST/ FACULTY LIST,
PRODUCED ALONG WITH EXT.P6 COMPLIANCE REPORT
AS ANNEXURE-1.
Exhibit.P8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19-
8-2026 ISSUED BY THE UNIVERSITY
Exhibit.P9 TRUE COPY OF THE UNIVERSITY CIRCULAR NO.
34068/2022/AC1/DENT.A1/ KUHS DATED 7-9-2026,
Exhibit.P10 TRUE COPY OF THE INTERIM ORDER DATED 22-9-
2026 IN W.P(C)NO. 32015/2026 OF THIS HON.
COURT
Exhibit.P11 TRUE COPY OF THE ORDER DATED 13-10-2026 IN
W.P(C)NO. 32015/26 OF THIS HON. COURT.
Exhibit.P12 TRUE COPY OF THE
U.O.NO.1457/2026/ACADEMIC/KUHS DATED 16-10-
2026
Exhibit.P13 TRUE COPY OF THE NOTIFICATION
NO.2035/AC-H/2015/KUHS DATED 24-2-2020
RESPONDENT ANNEXURES
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Annexure
R1(a)
A true copy of the inspection report dated
05.03.2026
Annexure
R1(b)
A true copy of the Inspection report
conducted on 07.07.2026
Annexure
R1(c)
A true copy of the Surprise Physical
Inspection report conducted on 01.10.2026