IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 25553 OF 2022
PETITIONER:
DR.P.V.GOVINDAN NAIR
S/O. MELOTH KUNHAMBU NAIR, GOPIKA, SASTHANAGAR,
AYYAPPAMKAVU ROAD, THIRUVAMBADY P.O. THRISSUR
DISTRICT - 680022.
BY ADV P.BHASKARAN
RESPONDENT:
THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, ULLOOR - AKKULAR RD,
NEAR SAT HOSPITAL MEDICAL COLLEGE JUNCTION,
CHALAKKUZHI, THIRUVANANTHAPURAM, KERALA 695011.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C) No. 25553 of 2022.
JUDGMENT
Dated this the 10th day of August, 2022. The petitioner states that he is the father of Sri.Sandeep Govindan Nair, who is presently working abroad. He says that his son's name, unfortunately, has been shown as Sri.Sandeep G. Nair in Ext.P2 "Course and Conduct Certificate" issued by the Medical College, Thiruvananthapuram; and that this has now put an impediment in obtaining Ext.P5 Award.
2. The petitioner submits that, he, therefore, requested the competent respondent, through Ext.P4, to issue a fresh "Course and Conduct Certificate" in the name of his son, showing as Sri.Sandeep Govindan Nair, 3 W.P.(C) No. 25553 of 2022.
but that this has not been acceded to yet. He, therefore, prays that respondent be directed to issue a new "Course and Conduct Certificate" favouring his son, describing him as Sri.Sandeep Govindan Nair, within a time frame to be fixed by this Court.
3. The afore request of Sri.P.Bhaskaran - learned counsel for the petitioner, was answered by Smt.Parvathy K., learned Government Pleader, saying that Ext.P4 application is not in the prescribed format. She added that, in any event, the petitioner's request cannot be considered on its merits by the respondent, because the relevant documents - including the originals of the SSLC Book, Passport and the Registration Certificate under the Tranvancore - Cochin Medical Council Act - have not been produced. She, therefore, prayed that petitioner or his son be directed to make a 4 W.P.(C) No. 25553 of 2022.
proper application, accompanied by the afore documents, so that it can be considered and disposed of as per law.
4. Sri.P.Bhaskaran, at this time, intervened to say that since his client's son is abroad, it will be impossible for him to produce the original Passport; while the other two aforementioned documents are in his custody. He submitted that his client is willing to produce self attested copies of the afore documents, with an undertaking in the form of an affidavit, vouching its authenticity.
5. When I evaluate and consider the afore submissions, the only aspect which this Court require to be concerned about is whether the name of the petitioner's son is indeed Sandeep Govindan Nair. In Ext.P2 course certificate, it has been shown as Sandeep 5 W.P.(C) No. 25553 of 2022.
G.Nair; while in Ext.P1 SSLC Book, his initial has been expanded as "Govindan". Prima facie, therefore, there cannot be a suspicion that the name of the petitioner's son is not Sandeep Gonvindan Nair.
6. In the afore perspective, I do not see why the respondent should stand in the way of an appropriate new "Course and Conduct Certificate" being issued, provided the original of the earlier one, namely Ext.P2, is surrendered.
In the afore circumstances, I dispose of this writ petition with the following directions:
(a) The petitioner, or his son will make an application in the prescribed format, along with the attested copies of the SSLC Book, Passport and the Certificate from the Travancore Cochin Medical Council of the latter; as also an affidavit to be sworn by either of 6 W.P.(C) No. 25553 of 2022.
them certifying its authenticity.
(b) On the afore documents and the affidavit being placed before the respondent, said Authority will issue a new "Course and Conduct Certificate", showing the name of the petitioner's son as being Sandeep Govindan Nair, after retaining the original of Ext.P2 which will be produced before him by the petitioner or his son.
Sd/-
DEVAN RAMACHANDRAN JUDGE Raj.
10.08.2022.
7W.P.(C) No. 25553 of 2022.
APPENDIX OF WP(C) 25553/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SSLC CERTIFICATE DATED 30-03.1996.
Exhibit P2 TRUE COPY OF THE COURSE AND CONDUCT CERTIFICATE ISSUED BY THE RESPONDENT TO THE PETITIONER'S SON DATED 20-05- 2008.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF PASSPORT OF THE PETITIONERS SON DATED 27-04-2017.
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 05-08-2022.
Exhibit P5 TRUE COPY OF THE ARTICLE PUBLISHED IN DEXURE DATED NIL SHOWING GRANT OF AWARD TO THE PETITIONER'S SON FOR THE YEAR 2021.