'Policy Decision': Kerala High Court Dismisses Appeal Against Removal Of Biochemistry And Microbiology Streams From Paramedical Courses

The Division Bench of Justice A. Muhamed Mustaque and Justice S. Manu observed:

“Which courses are to be included in the prospectus; for which courses the process of admission and allotment are to be undertaken by the Government etc. are purely matters of policy. As rightly found by the learned Single Judge scope of interference in such policy decisions while exercising the power of judicial review is extremely limited.”

The Court however added that there are some cases where the policy decisions can be subjected to judicial review but that can be done only on well-defined grounds. In this case, there is no such grounds. No legal right or fundamental right of the petitioners are violated, it held.

The petitioners are/ were students of B.Sc. Medical Biochemistry or B.Sc. Medical Microbiology. These courses were included in the prospectus for admission to professional degree courses and paramedical courses provided by the Government of Kerala from the year 2015-16 onwards. In the prospectus for year 2018-19 published by the Director of Medical Education, these courses were not included.

Petitioners contended that such a removal would affect their career as it would create an impression that their degrees are not approved by the Government.

Government argued that removing the course is a policy decision which cannot be interfered with. It was contended that these courses were not taught in any of the Government institutions in Kerala and there is no job opportunity in Kerala for these degrees.

High Court dismissed petitioners apprehension that their career path will be affected by State's decision. It held, "For a course which is otherwise having approval of the concerned University or Apex body, the mere inclusion or exclusion of it in the prospectus issued for admission by the Government can have no impact in the eyes of those having sufficient understanding about the course."

The Appeals were dismissed.

Counsel for Appellant: Advocates Thomas M. Jacob, T. R. Jerry Sebastian

Counsel for Respondents: Senior Government Pleader Vinitha B., Advocates Shameena Salahudheen, P. Sreekumar

Case No: Writ Appeal No. 1714 & 1715 of 2023

Case Name: Association of Clinical Microbiologists and Biochemists v Akhil James and Others

Citation: 2024 LiveLaw (Ker) 399