Dr.Ancy R.S vs State Of Kerala
2021 Latest Caselaw 10952 Ker

               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.11805 OF 2020(A)


PETITIONERS:

      1        DR.ANCY R.S
               D/O. RUKKIYABEEVI, KOTTACKAL, ERATTACHIRA,
               PULIMATH P.O., PULIMATH,
               THIRUVANANTHAPURAM,KERALA-695 612

      2        DR.AMITH KUMAR.V.
               S/O. VIJAYA KUMAR.D., VISAKHAM, PUNNAMADA WARD,
               AVALOOKUNNU P.O., ALAPPUZHA-688 006

      3        DR.BINU ASHRAF
               S/O. S.B.ASHARAFUDEEN, HOUSE NO.8, THILAK NAGAR,
               PAROTTUKONAM, NALACHIRA P.O.,
               THIRUVANANTHAPURAM-695 015

      4        DR.FAIZA MOHAMMED KASSIM
               ROSE COTTE, THAZHAMEL, ANCHAL P.O.,
               KOLLAM-691 306, KERALA STATE, INDIA

      5        DR.ILMA KUNJU MOHAMMED
               D/O. KUNJU MUHAMMED, VAZHAKKALA PARAMBIL,
               NEAR U.C.COLLEGE, ALUVA-683 102

      6        DR.JYOTHI JHA
               SREE GANESH, PEOPLE ROAD, NEAR GOVERNMENT ENGINEERING
               COLLEGE, WEST HILL,
               CALICUT-673 005, KERALA

      7        DR.PARAMESWARAN NAMPOOTHIRI.M.G.
               S/O. GANAPATHY NAMPOOTHIRI.M.P., MARANGATTU ILLOM,
               KUNDAMALOOR P.O., KOTTAYAM-686 017

      8        DR.RADHIKA K.RAJENDRAN
               W/O. VINEET BINU, 44/2306,AISWARYA, ASHOKA ROAD,
               KAIRALI STREET, KALOOR, ERNAKULAM, KERALA-682 017

      9        DR.SHABANA BASHEER
               MURUKKUVELI PARAMBI, PERUNNA EAST P.O.,
               CHANGANACHERRY, KOTTAYAM-686 102
 WP(C).No.11805 OF 2020(A)

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      10       DR.SHAHINA ABDUL LATHEEF
               SHABANAM HOUSE NO.31, POURNAMI NAGAR,
               KALLATUKUKKU, MANACAUD P.O.,
               THIRUVANANTHAPURAM-692 009

      11       DR.SHARON RAJEEV
               S/O. DR. V.S.RAJEEV, KAVYA SANU, PULAMON P.O.,
               KOTTARAKARA, KOLLAM-691 531

      12       DR.SIBIN MOHAMMED,
               MULANGATH HOUSE, ERAMAM, MUPPATHADAM.P.O.,
               ALUVA, ERNAKULAM-683 110

               BY ADVS.
               SMT.M.J.RAJASREE
               SRI.K.V.ANIL
               SRI.ANIRUDH KADAVIL
               SMT.V.P.SEEMANDINI (SR.)

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
               THIRUVANANTHAPURAM,PIN-695 001

      2        DISTRICT MAGISTRATE AND CHAIRMAN DDMA
               (DISTRICT COLLECTOR)
               CIVIL STATION. P.O., KANNUR-670002

      3        DISTRICT MEDICAL OFFICER (HEALTH)
               CIVIL STATION. P.O., KANNUR-670002

      4        KANNUR MEDICAL COLLEGE,
               ANJARAKANDY INTEGRATED CAMPUS,
               POST ANJARAKANDY, KANNUR-670 612

      5        KERALA UNIVERSITY OF HEALTH SCIENCES,
               MEDICAL COLLEGE P.O., THRISSUR, KERALA-680 596

      6        *ADDL R6
               MEDICAL COUNCIL OF INDIA,
               POCKET-14, SECTOR-8, DWARKA PHASE-1,
               NEW DELHI-110077.
               REPRESENTED BY ITS REGISTRAR
               (*ADDL R6 IMPLEADED AS PER ORDER DATED 08-07-2020
               IN IA NO.1/2020).
 WP(C).No.11805 OF 2020(A)

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      7      *ADDL.R7
             DIRECTOR OF MEDICAL EDUCATION
             THIRUVANANTHAPURAM.

             *(ADDITIONAL R7 IS SUO MOTU IMPLEADED AS PER ORDER
             DATED 7.8.20 IN WP(C))

      8      ADDL R8
             NATIONAL MEDICAL COMMISSION,
             REPRESENTED BY THE SECRETARY, NEW DELHI
             *(ADDL R8 IS SUO MOTU IMPLEADED AS PER ORDER DATED
             06-10-2020 IN WP(C)).

             BY   ADV. SRI.K.R.AVINASH (KUNNATH)
             BY   ADV. SRI.ABDUL RAOOF PALLIPATH
             BY   ADV. SRI.P.SREEKUMAR
             BY   SRI.TITUS MANI VETTOM, SC,

OTHER PRESENT:

             SMT.PRINCY XAVIER, GP

     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.11805 OF 2020(A)

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                           J U D G M E N T

This writ petition was filed at a time when the

College in which the petitioners were admitted for

Post Graduation was not functioning as it was

converted as a COVID-19 Treatment Centre. On the basis

of a series of interim orders passed by this Court,

the College started functioning. Petitioners also

agree that the normal functioning of the College have

started. According to the petitioners there are some

more grievances as there is no HOD for Psychiatry.

2. Learned Standing Counsel for the University

submitted that the University had conducted an

inspection and the College has already assured that

the HOD in Psychiatrist will join after COVID

vaccination and immediately he/she would be joining

the College. In case there is any further grievance

for the petitioners, sufficient facilities are

available under the University Statutes/Regulations, WP(C).No.11805 OF 2020(A)

to raise their grievances before these Statutory

Forums. Petitioners would be free to approach the

same. The University would therefore take appropriate

action on the grievances if any found to be genuine.

3. This Court had on 09.11.2020 released

Dr.Vidhyadhar Rama Rao, Principal of the College and

Dr.Adnan P., who was in additional charge of the

Manager, on bail on execution of bonds to the tune of

Rs.1,00,000/- (Rupees one lakh only). As the writ

petition is being closed, they are set free and bail

bond is cancelled.

Accordingly, the writ petition is closed.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.11805 OF 2020(A)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS H3/1473/2020 /DCK NR DATED 24.03.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE ORDER NO.D2/4909/2020 (2) DATED 26.03.2020 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 26.03.2010 ISSUED BY THE PRINCIPAL OF THE 4TH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE EMAIL DATED 13.05.2010 SENT BY THE PETITIONERS

EXHIBIT P5 TRUE COPY OF THE REPLY EMAIL DATED 13.05.2020 SENT BY THE PRINCIPAL OF THE 4TH RESPONDENT

EXHIBIT P6 TRUE COPY OF THE EMAIL DATED 15.05.2020 SENT BY THE PRINCIPAL OF THE 4TH RESPONDENT

EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO.938/AC-

H/2016/KUHS DATED 22.01.2016 ISSUED BY 5TH RESPONDENT UNIVERSITY

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 15.02.2019 IN WP(C) NO.33933/2018 BY THE HONOURABLE HIGH COURT OF KERALA

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 05.06.2020 SENT BY THE PETITIONERS TO 2ND AND 3RD RESPONDENT

EXHIBIT P10 TRUE COPY OF THE LETTER SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT WP(C).No.11805 OF 2020(A)

WITH REFERENCE NO.D2/1427/202 (6) DATED 16.06.2020

RESPONDENTS' EXHIBITS:

EXHIBIT R3(A): TRUE COPY OF PROCEEDING DATED 30/04/2020.

EXHIBIT R3(B): TRUE COPY OF THE SKETCH PREPARED BY THE EXECUTIVE ENGINEER PWD (BUILDINGS).

EXHIBIT R4(A): TRUE COPY OF THE REPORT SUBMITTED BY THE PRINCIPAL OF THE 4TH RESPONDENT COLLEGE.

EXHIBIT R4(H) TRUE COPY OF THE LETTER DATED 7.9.2020 ISSUED BY THE KANNUR MEDICAL COLLEGE

EXHIBIT R4(I) TRUE COPY OF THE INTERIM ORDER DATED 23.9.2020 IN WPC NO 17723/2020

EXHIBIT R4(J) TRUE COPY OF THE LETTER DATED 11.8.2020 ISSUED BY KANNUR MEDICAL COLLEGE

EXHIBIT R4(K) A NEWS ITEM APPEARED IN MATHRUBHUMI DAILY DATED 29.2.2020

EXHIBIT R4(L) TRUE COPY OF THE REPORT OF THE HEADS OF DEPARTMENT OF KANNUR MEDICAL COLLEGE

EXHIBIT R4(M) TRUE PHOTOGRAPHS WHICH IS TAKEN FROM VARIOUS ANGLES WHICH SHOWS THE LIE AND CONDITION OF THE HOSPITAL

EXHIBIT R4(N) TRUE COPY OF THE STATEMENT OF THE COLLEGE DATED 20.10.2020.

EXHIBIT R4(O) TRUE COPY OF THE ACTION PLAN OF THE COLLEGE DATED 24.10.2020.