Kerala High Court
Fathima Nafsin Nazer vs State Of Kerala on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
WP(C).No.5955 OF 2021(T)
PETITIONER:
FATHIMA NAFSIN NAZER,
AGED 24 YEARS,
D/O.M.NAZAR, TC 48/985(1), N.S.VILLA, KARIMBU VILA,
AMBALATHARA, TRIVANDRUM, PIN-695 026.
BY ADVS.
SMT.GIRIJA K GOPAL
SMT.K.N.VIGY
RESPONDENTS:
1 STATE OF KERALA,
REP. BY THE SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
THRISSUR-680 596.
3 AL-AZHAR MEDIAL COLLEGE,
THODUPUZHA-EZHALLOOR ROAD, KUMARAMANGALAM,
THODUPUZHA, KERALA-685 608,
REPRESENTED BY IT'S PRINCIPAL.
4 MANAGING DIRECTOR,
AL-AZHAR MEDIAL COLLEGE, THODUPUZHA-EZHALLOOR ROAD,
KUMARAMANGALAM, THODUPUZHA, KERALA-685 608,
BY ADVS. SRI.P.SREEKUMAR, SC,
KERALA UNIVERSITY OF HEALTH SCIENCES
SRI.P.M.SANEER
SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5955 of 2021(T)
2
JUDGMENT
The petitioner, who has completed the
MBBS course successfully from the 3rd
respondent College, has filed this writ
petition aggrieved by the denial of NOC to
enable her to pursue House Surgency at General
Hospital, Thiruvananthapuram. Petitioner filed
this writ petition stating that she has paid
the entire fee and there is no reason for
denying NOC on her application Ext.P6,
submitted as early as on 26.02.2021.
2. The petitioner has produced Ext.P2
certificate of Provisional Registration
received from the Travancore Cochin Medical
Council as well as Ext.P5 NOC received from
the Superintendent, General Hospital,
Thiruvananthapuram, where she wants to undergo
House Surgency.
3. The College filed a counter affidavit
stating the amount due from the petitioner
WP(C).No.5955 of 2021(T)
under various heads towards tuition fee,
hostel fee etc. It was also stated that
petitioner has not submitted any application
for transfer of CRI.
4. The petitioner has filed a reply
affidavit stating that the amount mentioned by
the respondent in the counter affidavit is
already paid as per Exts.P7 and P8 receipts.
It is also pointed out that as per Ext.P10
order of the University, there is no
restriction on the number of NOCs which can be
issued by the College.
5. I heard the learned Standing Counsel,
for the University also.
6. According to Sri.P.Sreekumar, the
learned Standing Counsel, in view of the
outbreak of pandemic, there is no restriction
with respect to 5% NOC. It is stated that the
College has already issued 3 NOCs.
7. Though the learned Standing Counsel
WP(C).No.5955 of 2021(T)
for the 3rd respondent submitted that no
application has been submitted for transfer of
CRI, the learned counsel for the petitioner as
well as the learned Standing Counsel for the
University points out that the very same
College has issued NOC in respect to three
students and it is not necessary to have any
particular format for NOC or transfer of CRI.
In view of the above circumstances,
there shall be a direction to the 3rd
respondent College to pass orders on Ext.P6
application for NOC and to grant NOC and
forward the same to the University, within a
period of one week from the date of receipt of
a copy of the judgment. A copy of the same
shall be furnished to the petitioner also.
Accordingly, the writ petition is
disposed of. Sd/-
P.V.ASHA
JUDGE
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WP(C).No.5955 of 2021(T)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PROVISIONAL DEGREE
CERTIFICATE BY THE 2ND RESPONDENT
UNIVERSITY ON 20.01.2021.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF PROVISIONAL
REGISTRATION DATED 29.01.2021 ISSUED BY THE
TRAVANCORE-COCHIN MEDICAL COUNCIL.
EXHIBIT P3 A TRUE COPY OF THE G.O(RT)NO.3108/2015/
H&FWD DATED 25.09.2015.
EXHIBIT P4 A TRUE COPY OF THE RECEIPT DATED 28.9.2015
EVIDENCING REMITTANCE OF RS.3,50,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(A) A TRUE COPY OF THE RECEIPT DATED 29.9.2015
EVIDENCING REMITTANCE OF RS.1,00,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(B) A TRUE COPY OF THE RECEIPT DATED 28.12.2015
EVIDENCING REMITTANCE OF RS.2,00,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(C) A TRUE COPY OF THE RECEIPT DATED 04.02.2016
EVIDENCING REMITTANCE OF RS.1,00,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(D) A TRUE COPY OF THE RECEIPT DATED 06.04.2016
EVIDENCING REMITTANCE OF RS.1,00,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(E) A TRUE COPY OF THE RECEIPT DATED 30.07.2016
EVIDENCING REMITTANCE OF RS.3,00,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(F) A TRUE COPY OF THE RECEIPT DATED 07.01.2017
EVIDENCING REMITTANCE OF RS.2,00,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
WP(C).No.5955 of 2021(T)
EXHIBIT P4(G) A TRUE COPY OF THE RECEIPT DATED 11.01.2017
EVIDENCING REMITTANCE OF RS.1,00,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(H) A TRUE COPY OF THE RECEIPT DATED 03.06.2017
EVIDENCING REMITTANCE OF RS.1,50,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(I) A TRUE COPY OF THE RECEIPT DATED 09.06.2017
EVIDENCING REMITTANCE OF RS.50,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(J) A TRUE COPY OF THE RECEIPT DATED 28.11.2017
EVIDENCING REMITTANCE OF RS.7,50,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(K) A TRUE COPY OF THE RECEIPT DATED 05.04.2018
EVIDENCING REMITTANCE OF RS.50,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(L) A TRUE COPY OF THE RECEIPT DATED 01.10.2018
EVIDENCING REMITTANCE OF RS.2,00,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(M) A TRUE COPY OF THE RECEIPT DATED 29.11.2018
EVIDENCING REMITTANCE OF RS.1,00,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(N) A TRUE COPY OF THE RECEIPT DATED 24.09.2020
EVIDENCING REMITTANCE OF RS.4,00,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(O) A TRUE COPY OF THE RECEIPT DATED 24.09.2020
EVIDENCING REMITTANCE OF RS.5,50,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P4(P) A TRUE COPY OF THE RECEIPT DATED 28.10.2020
EVIDENCING REMITTANCE OF RS.2,80,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE ALONG WITH TYPED COPY.
WP(C).No.5955 of 2021(T)
EXHIBIT P4(Q) A TRUE COPY OF THE RECEIPT DATED 24.02.2021
EVIDENCING REMITTANCE OF RS.2,70,000/- AS
TUITION FEE BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P5 A TRUE COPY OF THE NO OBJECTION CERTIFICATE
ISSUED TO THE PETITIONER AS PER LR.NO.C1-
5202/2019/GHT DATED 24.02.2021 ISSUED BY
THE SUPERINTENDENT, GENERAL HOSPITAL,
THIRUVANANTHAPURAM.
EXHIBIT P6 A TRUE COPY OF THE REQUEST DATED 26.02.2021
ALONG WITH RTGS ACKNOWLEDGMENT SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE ACKNOWLEDGMENT
EVIDENCING PAYMENT OF RS.63,600/- IN THE
NAME OF 3RD RESPONDENT COLLEGE.
EXHIBIT P8 A TRUE COPY OF THE ACKNOWLEDGMENT
EVIDENCING PAYMENT OF RS.55,266/- IN THE
NAME OF 3RD RESPONDENT COLLEGE.
EXHIBIT P9 A TRUE COPY OF THE E-MAIL DATED 31.3.2021
FORWARDED BY THE PETITIONER TO THE 3RD
RESPONDENT COLLEGE.
EXHIBIT P10 A TRUE COPY OF ORDER NO.U.O.NO.
11209/2020/B1/AC.1/GEN/KUHS DATED 6.8.2020
ISSUED BY THE UNIVERSITY.
RESPONDENTS' EXHIBITS:
EXHIBIT R3(A) A TRUE COPY OF THE CIRCULAR NUMBER 5221/
2019/AC.I/GEN/B1/KUHS DATED 29.03.2019,
ISSUED BY THE UNIVERSITY.
EXHIBIT R3(B) TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFICATION NO.2035/AC-H/2015/KUHS DTD
18/8/2018 APPEARED IN THE KERALA GAZATTE.
