Niranjana C.A vs Union Of India
2021 Latest Caselaw 2723 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                      WP(C).No.29508 OF 2019(K)


PETITIONER:

               NIRANJANA C.A
               AGED 22 YEARS
               D/O N. CHITHARANJAN, T.C.14/405(1),
               FNRA, POONTHI ROAD, KUMARAPURAM,
               MEDICAL COLLEGE P.O,
               THIRUVANANTHAPURAM - 110 077

               BY ADV. SMT.NAMITHA JYOTHISH

RESPONDENTS:

      1        UNION OF INDIA
               REP. BY ITS SECRETARY TO GOVERNMENT HEALTH AND FAMILY
               WELFARE DEPARTMENT , 156-A ,
               MOTILAL NEHRU MARG, NEW DELHI - 110 077

      2        BOARD OF GOVERNORS IN SUPERSESSION OF THE MEDICAL
               COUNCIL OF INDIA.
               POCKET -14 .SECTOR-8, DWARAKA PHASE -I,
               NEW DELHI PIN-110077, REP.BY ITS SECRETARY

      3        STATE OF KERALA
               REP.BY THE SECRETARY TO GOVERNMENT ,
               HEALTH AND FAMILY WELFARE DEPARTMENT ,
               SECRETARIAT, THIRUVANANTHAPURAM - 695 001

      4        KERALA UNIVERSITY OF HEALTH AND SCIENCES
               REP. BY ITS REGISTRAR , MEDICAL COLLEGE P.O,
               THRISSUR - 680 596

      5        S.R MEDICAL COLLEGE AND RESEARCH INSTITUTE,
               VENNICODE PO,CHIRAYINKEEZH TALUK,
               CHERUNNIYOOR PANCHAYATH, AKHATHUMURI,
               THIRUVANANTHAPURAM- 695 318,
               REP. BY ITS PRINCIPAL.

      6        THE CHAIRMAN,
               S.R EDUCATIONAL AND CHARITABLE TRUST ,
               VENNICODE PO, CHIRAYINKEEZH TALUK,
               CHERUNNIYOOR PANCHAYATH, AKHATHUMURI,
 WP(C).No.29508/2019(K) & Connect. Cases

                             2

            THIRUVANANTHAPURAM- 695 318,

      7     ADDL.R7 -BELIEVERS CHURCH MEDICAL COLLEGE
            HOSPITAL, ST.THOMAS NAGAR,
            KUTTAPUZHA, THIRUVALLA-689103

            R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
            R4 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
            ALLIED SCIENCE
            R5-6 BY ADV. SRI.P.M.SANEER
            R5-6 BY ADV. SRI.TONY GEORGE KANNANTHANAM
            R7 BY ADV. SRI.C.S.AJITH PRAKASH
            R7 BY ADV. SRI.T.K.DEVARAJAN
            R7 BY ADV. SHRI.NIDHIN RAJ VETTIKKADAN
            R7 BY ADV. SRI.HAARIS MOOSA

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021,       ALONG      WITH       WP(C).25208/2019(A),
WP(C).3168/2020(U), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.29508/2019(K) & Connect. Cases

                                3

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE AMIT RAWAL

   MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                    WP(C).No.25208 OF 2019(A)


PETITIONER:

               RADHIKA SANKAR
               AGED 21 YEARS
               D/O.SANTHY.S., SANTHRA, MULLOTHU LANE,
               PAZHAVEEDU.P.O., ALAPPUZHA-688009.

               BY ADV. SMT.NAMITHA JYOTHISH

RESPONDENTS:

      1        UNION OF INDIA,
               REP. BY ITS SECRETARY TO GOVERNMENT HEALTH AND
               FAMILY WELFARE DEPARTMENT, 156-A,
               MOTILAL NEHRU MARG, NEW DELHI-110077.

      2        NATIONAL MEDICAL COMMISSION/
               BOARD OF GOVERNORS IN SUPERSESSION OF THE
               MEDICAL COUNCIL OF INDIA, POCKET-14,
               SECTOR-8, DWARAKA PHASE-I,
               NEW DELHI, PIN-110077, REP. BY ITS SECRETARY.

      3        STATE OF KERALA,
               REP. BY THE SECRETARY TO GOVERNMENT,
               HEALTH AND FAMILY WELFARE DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      4        KERALA UNIVERSITY OF HEALTH SCIENCES,
               REPRESENTED BY ITS REGISTRAR,
               MEDICAL COLLEGE.P.O.,
               THRISSUR, PIN-680596.

      5        S.R.MEDICAL COLLEGE AND RESEARCH INSTITUTE,
               VENNICODE.P.O., CHIRAYINKEEZH TALUK,
               CHERUNNIYOOR PANCHAYATH, AKHATHUMURI,
               THIRUVANANTHAPURAM-695318,
 WP(C).No.29508/2019(K) & Connect. Cases

                             4

            REP. BY ITS PRINCIPAL.

      6     THE CHAIRMAN,
            S.R.EDUCATIONAL AND CHARITABLE TRUST,
            VENNICODE.P.O., CHIRAYINKEEZH TALUK,
            CHERUNNIYOOR PANCHAYATH, AKHATHUMURI,
            THIRUVANANTHAPURAM-695318.

            R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
            R4 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
            ALLIED SCIENCE
            R5-6 BY ADV. SRI.P.M.SANEER
            R5-6 BY ADV. SRI.TONY GEORGE KANNANTHANAM

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021,       ALONG      WITH       WP(C).29508/2019(K),
WP(C).3168/2020(U), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.29508/2019(K) & Connect. Cases

                                5


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE AMIT RAWAL

   MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                     WP(C).No.3168 OF 2020(U)


PETITIONERS:

      1        G.HARISHANKAR
               AGED 21 YEARS, S/O.GOPAKUMAR.G.,
               MANIMURALI, KOLLAKONAM, PAYATTUVILA P.O.,
               THIRUVANANTHAPURAM-695 014.

      2        DEEPAK.V.S.
               AGED 22 YEARS, S/O.SUDEVAN.K.,
               VILAYIL HOUSE, KALAKKAD P.O.,
               PARAVUR, KOLLAM-691 302.

      3        NIKHIL.R.
               AGED 22 YEARS, S/O.REMESH NANDANAM,
               PERUNGALA, KAYAMKULAM-690 559.

      4        LAKSHMI GOPINATH
               AGED 22 YEARS, D/O.GOPINATHAN PILLAI,
               MALAMPARA HOUSE, KAITHAKODI, AYROOR,
               PATHANAMTHITTA-689 614.

      5        DINYAMOL REGI
               AGED 23 YEARS, D/O.REJI MATHEW,
               NJAVALLIKUNNEL HOUSE, CHELLARCOVIL P.O.,
               ANAKKARA, IDUKKI-685 512.

      6        NAMITHA JAYAPRAKASH
               AGED 22 YEARS, D/O.JAYAPRAKASH.C.B.,
               CHEMPANKULAM HOUSE, AYYAPPANCOIL P.O.,
               MARYKULAM, IDUKKI-685 507.

      7        KADEEJATHU NOORBINA
               AGED 22 YEARS, D/O.AGC BASHEER,
               KALAM VILLA, AYITTY,
               TRIKARIPUR (PO), KASARAGOD-671 310.
 WP(C).No.29508/2019(K) & Connect. Cases

                             6


      8     ARYA.V.M.
            AGED 22 YEARS
            D/O.MANIKANTAN.V.V., V.V.MANA,
            SOUTH NIDUVAPPURAM, KARIVELLUR (PO),
            KANNUR-670 521.

      9     AFITHA.E.A.
            AGED 22 YEARS, D/O.ABU.E.A.,
            ENGIKKALAYIL HOUSE, CHIRAKKAL,
            KATTAMKAPAL POST, THRISSUR-680 544.

      10    ABHIRAMI
            AGED 22 YEARS, D/O.SANTHOSH BABU.A.T.,
            AVANIKOODU, PUZHATHI P.O.,
            CHIRAKKAL, KANNUR-670 011.

      11    MALAVIKA V.NAIR
            AGED 22 YEARS, D/O.VINOD, PUTHENVEEDU,
            CHAVARA P.O., KOLLAM-691 583.

      12    AYANA EDWIN
            AGED 22 YEARS, D/O.EDWIN, CHURCH VIEW,
            AMBALATHINKARA, KAZHAKKUTTOM P.O.,
            THIRUVANANTHAPURAM-695 582.

      13    A.U.JAYALAKSHMI
            AGED 22 YEARS, D/O.AJITH.K.S., USHUS,
            VAZHAVILAKOM, BALARAMAPURAM P.O.,
            THIRUVANANTHAPURAM-695 501.

      14    JOHN NELSON
            AGED 22 YEARS, S/O.NESLON JOHN,
            KINATHINKARA KIZHAKKETHIL, JO BHAVAN,
            PUTHOOR P.O., KOLLAM-691 507.

      15    RESHMA.G.S.
            AGED 22 YEARS, D/O.P.GURULAL,
            VRINDAVANAM, UMMANNOOR P.O.,
            KOTTARAKKARA, KOLLAM-691 520.

      16    THERES JOLLY
            AGED 23 YEARS, D/O.JOLLY.M.V.,
            MALIYECKAL HOUSE, VATTAPARA P.O.,
            THIRUVANANTHAPURAM-695 028.
 WP(C).No.29508/2019(K) & Connect. Cases

                                7


      17       VISHNU.S.
               AGED 23 YEARS, S/O.SOMARAJAN PILLAI,
               VAISHNAVAM, KAM,PALADY,
               PORUVAZHY P.O., KOLLAM-690 520.

               BY ADVS.
               DR.THUSHARA JAMES
               SRI.M.S.AMAL DHARSAN

RESPONDENTS:

      1        THE KERALA UNIVERSITY OF HEALTH SCIENCES
               REPRESENTED BY ITS REGISTRAR.,
               MEDICAL COLLEGE P.O., THRISSUR-680 596.

      2        S.R.MEDICAL COLLEGE AND RESEARCH INSTITUTE,
               VENNICODE P.O., CHIRAYINKEEZHU TALUK,
               CHERUNNIYOOR PANCHAYAT, AKKATHU MURI,
               THIRUVANANTHAPPURAM-695 318,
               REPRESENTED BY ITS PRINCIPAL.

      3        THE CHAIRMAN, S.R.EDUCATIONAL AND CHARITABLE
               TRUST,
               VENNICODE P.O., CHIRAYINKEEZHU TALUK,
               CHERUNNIYOOR PANCHAYAT, AKKATHU MURI,
               THIRUVANANTHAPURAM-695 318.

               R1 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
               HEALTH SCIENCES

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021,       ALONG      WITH       WP(C).25208/2019(A),
WP(C).29508/2019(K), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.29508/2019(K) & Connect. Cases

                                        8

                                 JUDGMENT

[ WP(C).29508/2019, WP(C).25208/2019, WP(C).3168/2020 ]

Dated this the 25th day of January 2021

This judgment shall dispose of the captioned three writ

petitions.

2. The reliefs sought in W.P.(C).No.29508/2019 are as

under:

"(i) Issue a writ of mandamus or any other appropriate writ or order commanding respondents 1 to 4 to expedite the process of reallocation of the petitioner and other students from 5th respondent medical college to another well run medical college;

(ii) issue a writ of mandamus or any other appropriate writ or order directing the respondents 5 and 6 immediately return to the petitioner the entire tuition fee, except that of the 1st year, along with the security deposit of Rs.11,00,000/-"

3. In W.P.(C).No.29508/2019 a mandamus has been

sought for directions to respondents 1 to 4 to expedite the

process of reallocation of the petitioner and other students

from 5th respondent Medical College to another and to direct

the 5th and 6th respondents to return the entire tuition fee, WP(C).No.29508/2019(K) & Connect. Cases

except that of the first year along with the security deposit of

Rs.11 lakhs whereas in W.P.(C).No.25208/2019, only second

relief as noticed hereinabove has been sought. There is no

prayer for reallocation in W.P.(C).No.25208/2019 whereas in

W.P.(C).No.3168/2020, seventeen writ petitioners have asked

for permission of this Court to continue in 4th professional

MBBS Degree course and complete the course without any

break with a further prayer to quash Exts.P7 and P9, whereby

Kerala University of Health Sciences vide order dated

06.01.2020 accepted the cancellation of the Essentiality

Certificate issued to S.R. Medical College and Research

Centre, Varkala and adjustment of the fees remitted by the

petitioners, therein, to the transferee College.

4. Before, learned counsel representing the parties could

commence their arguments on merit, Sri.Saneer P.M. learned

counsel representing respondents 5 and 6, the erstwhile

college ie., S.R. Medical College and Research Centre, Varkala

which has been now ordered to be closed, submits that there

had been a spate of litigations with regard to reallocation and WP(C).No.29508/2019(K) & Connect. Cases

adjustment of the tuition fees, whereby order of the

Government, has been upheld, therefore, no further cause of

action survives in the writ petitions. This fact has not been

disputed by learned counsel for the petitioners and submits

that this Court can always issue appropriate directions for

compliance of orders of this Court. Attention of this Court

have been drawn to the judgment of the Division Bench of this

Court in W.A.No.583/2020 decided on 08.07.2020 titled as

Chairman S.R. Educational and Charitable Trust v. Union

of India and others preferred against the judgment

rendered in W.P.(C).No.236/2020 whereby the cancellation of

Essentiality Certificate issued by the Government was upheld

and the Division Bench agreed with the judgment of the

Single Bench. Pith and substance of both the judgments leads

for direction to the College to take necessary steps to return

the fees and other financial commitments, if any, due to the

students and also the original certificate without any further

delay, failing which the state shall take necessary steps to

recover the same. It is next contended that the state had WP(C).No.29508/2019(K) & Connect. Cases

taken necessary steps and after detailed deliberation an order

dated 17.08.2020 Ext.P16 (W.P.(C).No.29508/2019) was

passed whereby the affected parties were relegated to stake

the monetary claim to the Fee Regulatory Committee for

medical education. The aforementioned order was challenged

in this Court vide W.P.(C).No.17910/2020. The Division Bench

of this Court vide judgment dated 23.10.2020 did not

intervene and accepted the reasoning assigned by the

Government whereby the affected students were relegated to

the aforementioned committee for settlement of the monetary

reliefs, thus the prayer for reallocation has already been

considered as all the students have been shifted to different

colleges whereas in the case of Radhika Sanker, petitioner in

W.P.(C).No. 25208/2019, an amount of Rs.11 lakhs towards

security has been refunded but, with regard to other

monetary issues/claims the matter is pending consideration

before the FRC.

Considering the aforementioned facts, I am of the view

that the dispute with regard to cancellation of Essentiality WP(C).No.29508/2019(K) & Connect. Cases

Certificate of respondents 5 to 6, reallocation of students and

monetary relief have already been decided and no useful

purpose would be served in keeping the writ petitions

pending. The petitioners are at liberty to pursue their

remedies qua monetary claim before the Fee Regulatory

Committee.

Sd/-

AMIT RAWAL

JUDGE nak WP(C).No.29508/2019(K) & Connect. Cases

APPENDIX OF WP(C) 29508/2019 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 05.02.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ASSESSMENT REPORT DATED 09.04.2019 OF THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LIST OF MEDICAL COLLEGES IN KERALA AFFILIATED TO THE 4TH RESPONDENT UNIVERSITY AND THE PERCENTAGE OF PASS OF EACH COLLEGE.

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 27.09.2016

EXHIBIT P6 TRUE COPY OF THE RECEIPTS DATED 29.12.2016.

EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 16.05.2017

EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 26.07.2018

EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED 24.04.2019 IN WP(C) NO. 38089/2018.

EXHIBIT P10 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 24.04.2019.

EXHIBIT P11 TRUE COPY OF THE INSPECTION REPORT DATED 04.07.2019 OF THE MCI.

EXHIBIT P12 A TRUE COPY OF THE INSPECTION REPORT DATED 30.10.2019 OF THE MCI.

EXHIBIT P13 A TRUE COPY OF THE INSPECTION REPORT DATED 31.08.2019 SUBMITTED BY THE WP(C).No.29508/2019(K) & Connect. Cases

SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU.

EXHIBIT P14 A TRUE COPY OF THE COVERING LETTER DATED 07.09.2019 SENT BY THE DIRECTOR , VIGILANCE AND ANTI CORRUPTION BUREAU.

EXHIBIT P15 TRUE COPY OF THE INTERIM ORDER DATED 29.07.2019 IN WP(C) NO. 20049/2019

EXHIBIT P16 TRUE COPY OF THE ORDER DATED 17.08.2019 FOR REALLOCATION OF THE STUDENTS

EXHIBIT P17 TRUE COPY OF THE NOTIFICATION DATED 18.08.2020 OF DIRECTORATE OF MEDICAL EDUCATION

EXHIBIT P18 TRUE COPY OF THE NOTIFICATION DAED 20.08.2020 OF DIRECTORATE OF MEDICAL EDUCATION

EXHIBIT P19 TRUE COPY OF THE INSTRUCTIONS RULES AND REGULATIONS FOR STUDENTS TRANSFERRED FROM S.R.MEDICAL COLLEGE

EXHIBIT P20 TRUE COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER

EXHIBIT P21 COPY OF THE EMAIL RECEIVED BY THE PARENTS OF THE PETITIONER WP(C).No.29508/2019(K) & Connect. Cases

APPENDIX OF WP(C) 25208/2019 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 5.2.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ASSESSMENT REPORT DATED 9.4.2019 OF THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LIST OF MEDICAL COLLEGES IN KERALA AFFILIATED TO THE 4TH RESPONDENT UNIVERSITY AND THE PERCENTAGE OF PASS OF EACH COLLEGE.

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 28.9.2016.

EXHIBIT P6 TRUE COPY OF THE RECEIPTS DATED 31.12.2016 RS.28 LAKHS.

EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 31.12.2016, RS.10 LAKHS.

EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 28.9.2016 SHOWING REMITTANCE OF RS.76,100/-.

EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 13.11.2017 SHOWING REMITTANCE OF RS.46,600/-.

EXHIBIT P10 TRUE COPY OF RECEIPT DATED 13,8.2018 SHOWING REMITTANCE OF RS.46,600/-.

EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS OF THE 5TH RESPONDENT COLLEGE FOR THE 2016-2017.

EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 24.4.2019 IN WPC.NO.38089/2018.

EXHIBIT P13 TRUE COPY OF THE MINUTES OF THE MEETING WP(C).No.29508/2019(K) & Connect. Cases

HELD ON 29.5.2019.

EXHIBIT P14 TRUE COPY OF THE INSPECTION REPORT DATED 4.7.2019.

EXHIBIT P15 TRUE COPY OF INTERIM ORDER DATED 29.7.2019 IN WPC.NO.20049/2019. WP(C).No.29508/2019(K) & Connect. Cases

APPENDIX OF WP(C) 3168/2020 PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LETTER OF PERMISSION DATED 20.08.2016 ISSUED BY THE GOVT. OF INDIA WITH REGARD TO THE ESTABLISHMENT OF THE 2ND RESPONDENT COLLEGE.

EXHIBIT P2 TRUE COPY OF THE REPORT SUBMITTED BY THE MEDICAL COUNCIL OF INDIA DATED 30.10.2019 PURSUANT TO THE INSPECTION CARRIED OUT BY THEM ON 18TH AND 19TH OF SEPTEMBER, 2019.

EXHIBIT P3 A TRUE COPY OF THE DECISION TAKEN BY THE CENTRAL GOVERNMENT DATED 27.12.2019.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE NOTIFICATION DATED 26.11.2019.

EXHIBIT P5 A TRUE COPY OF THE REPORT ISSUED BY THE 1ST RESPONDENT UNIVERSITY EVIDENCING ELIGIBILITY OF THE PETITIONERS TO APPEAR IN THE 3RD PROFESSIONAL MBBS DEGREE EXAMINATION.

EXHIBIT P6 A TRUE COPY OF THE INTERIM ORDER DATED 07.01.2020 IN WPC NO.26 OF 2020.

EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 04.01.2020 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.

EXHIBIT P8 A TRUE COPY OF THE DECISION OF THE MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA DATED 05.01.2020 WITHDRAWING THE ESSENTIALITYCERTIFICATE ISSUED TO THE 2ND RESPONDENT COLLEGE.

EXHIBIT P9 TRUE COPY OF ONE SUCH MEMO DATED 06.01.2020 ISSUED TO THE 1ST PETITIONER HEREIN.