IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 24496 OF 2020
PETITIONER:
DR.ASHOKAN.K.KUTTIYIL, AGED 54 YEARS
S/O.LATE KANNAN KUTTIYIL, 28/3642-D,
JAYALAYAM, MYLAMPADI, GOVINDAPURAM(P.O),
CALICUT-673016.
BY ADVS.
JOHNSON JOSE PANJIKKARAN
T.R.JERRY SEBASTIAN
THOMAS M.JACOB
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE P.O., THRISSUR, PIN-680596.
2 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
BY ADV SHRI.P.SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 24496/20
2
JUDGMENT
Amidst all the allegations, averments and assertions made and urged in this Writ Petition, when this matter was called today, the learned counsel for the petitioner - Sri.Thomas M.
Jacob, confined his plea that the Academic Council of the University be directed to take up Ext.P22 representation of his client and dispose it of in terms of law, after affording him an opportunity of being heard.
2. Sri.P.Sreekumar - learned Standing Counsel for the University, submitted that if the petitioner only requires Ext.P22 representation to be considered by the appropriate Authority of the University, he will not stand in the way of appropriate orders being issued; but prayed that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to the competent Authority to take a final decision as per law.
Taking note of the afore submissions, I order this Writ Petition and direct either the Academic Council, or such other WPC 24496/20 3 appropriate Authority of the University, to take up Ext.P22 representation of the petitioner and dispose it of, after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Needless to say, I have not considered the contentions of the petitioner on its merits and that they are all left open to be pursued by him appropriately when the afore exercise is completed.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 24496/20
4
APPENDIX OF WP(C) 24496/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MS.C MICROBIOLOGY
CERTIFICATE ISSUED BY MANGLORE UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE PHD CERTIFICATE ISSUED BY THE CALICUT UNIVERSITY.
EXHIBIT P3 TRUE COPY OF THE LIST OF PETITIONERS EXPERIENCE COMMENCING FROM FEB 1992 TILL DATE.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY UNIVERSITY OF CALICUT DATED 29.09.2009. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 27.10.2016 ISSUED BY UNIVERSITY OF CALICUT. EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 04.04.2017 ISSUED BY KANNUR UNIVERSITY. EXHIBIT P7 TRUE COPY OF THE RELEVANT PORTIONS OF UNIVERSITY GRANTS COMMISSION REGULATIONS, 2018.
EXHIBIT P8 TRUE COPY OF THE RELEVANT PORTIONS OF SYLLABUS FOR BS C MLT COURSE CONDUCTED BY KUHS.
EXHIBIT P9 TRUE COPY OF THE RELEVANT PORTIONS OF SYLLABUS FOR MS.C MICROBIOLOGY STUDIED BY PETITIONER.
EXHIBIT P10 TRUE COPY OF THE RELEVANT PORTIONS OF KUHS NORMS.
EXHIBIT P11 TRUE COPY OF RELEVANT PORTIONS OF THE MINUTES OF BOS MEETING OF MLT HELD ON 04.04.2019.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PORTIONS OF MINUTES OF BOS MEETING HELD ON 25.02.2019.
EXHIBIT P13 TRUE COPY OF THE ORDER OF THE REGISTRAR, KUHS DATED 02.08.2019.
EXHIBIT P14 TRUE COPY OF THE SYLLABUS FOR MS.C MLT MICROBIOLOGY OF KUHS.
EXHIBIT P15 TRUE COPY OF THE NEWSPAPER ARTICLE APPEARS IN MALAYALA MANORAMA ON 06.02.2012.
EXHIBIT P16 TRUE COPY OF THE REPLY OBTAINED BY PETITIONER UNDER RTI ACT ON 28.11.2019. EXHIBIT P17 TRUE COPY OF THE RELEVANT EXTRACTS OF THE MEDICAL COUNCIL OF INDIA REGULATION. WPC 24496/20 5 EXHIBIT P18 TRUE COPY OF THE BSC DEGREE ISSUED BY UNIVERSITY OF CALICUT DATED 8/8/1988 EXHIBIT P19 TRUE COPY OF THE CERTIFICATE ISSUED BY MANIPAL ACADEMY OF HIGHER EDUCATION DATED 9.10.2002 EXHIBIT P20 TRUE COPY OF THE CERTIFICATE ISSUED BY KASTURBA MEDICAL COLLEGE DATED 25.9.2004 EXHIBIT P21 TRUE COPY OF THE PROCEEDINGS OF THE GOVT MEDICAL COLLEGE, KOZHIKODE DATED 26.3.2020.
Exhibit P22 TRUE COPY OF THE REPRESENTATION GIVEN BY PETITIONER TO THE VICE CHANCELLOR OF KUHS DATED 1.8.2018