Saaya Santhosh vs Union Of India
2021 Latest Caselaw 14281 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
  THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                  WP(C) NO. 12355 OF 2021
PETITIONER/S:

    1    SAAYA SANTHOSH
         A-3, CIDBI CHIRAG APARTMENTS, OPPOSITE DOMINO'S
         PIZZA, POOTHOLE P.O., THRISSUR, KERALA-680 004.
    2    VATTAKKUZHY ANMY ANTO,
         VATTAKUZHY HOUSE, DINHA ROAD, NELLIKUNNU,
         THRISSUR, KRALA-680 005.
    3    RAJU DARSANA,
         THIRUTHANATHIL HOUSE, KOZHIPPILLY P.O.,
         KOTHAMANGALAM, ERNAKULAM, KERALA-686 691.
    4    THOMAS ALEN,
         PADAYATTY HOUSE, PUTHENVELIKKARA P.O., ERNAKULAM,
         KERALA-683 594.
    5    RENJU ANJU,
         GOKULAM, EZHAMKULAM, PARAKODE P.O.,
         PATHANAMTHITTA, KERALA-691 554.
    6    KOLLAKKADAN FAHAD,
         KOLAKKADAN HOUSE, ALANALLUR P.O., PALAKKAD-678
         601.
    7    ANTONY ANNA,
         VADASSERY HOUSE, ELINJIPRA P.O., ELINJIPRA,
         THRISSUR-680 721.
 W.P.(C) No.12355 of 2021              2




        8         PHILIP GEORGE ABIN,
                  KADUVINA PUTHETHU HOUSE, OMALLOOR P.O.,
                  PATHANAMTHTTA-689 647.
        9         KIZHAKKUDAN SOJAN MANUAL,
                  KIZHAKKUDEN HOUSE, PARIYARAM P.O., CHALAKUDY,
                  THRISSUR-680 721.
       10         FOUSYA ALTHAF JAMAL,
                  VADAKKAYIL HOUSE, KARAYAD P.O., MEPPAYUR VIA,
                  CALICUT-673 524.
       11         ANTO ANN MARIA,
                  MALIEKKAL HOUSE, GREN VALLEY, NELLENKARA,
                  THRISSUR, EAST FORT PO., PIN-680 005.
       12         JOJO POWETH ANN MARY,
                  POWETH HOUSE, P.O.PAYAM, EDOOR, IRITTY, KANNUR
                  DISTRICT, PIN-670 704.
       13         KUNJOTH ATHIRA,
                  KUNJOTH HOUSE, WEST MAMBETTA, MUKKAM P.O.,
                  KOZHIKODE DISTRICT, PIN-673 602.
       14         MOHAN DHANYA MARY,
                  THAKIDIYIL RACHEL VILLA, KATTODE, MANJADI P.O.,
                  THIRUVALLA, PATHANAMTHITTA, PIN-689 105.
       15         RIYA MATHAI,
                  CHETTIPARAMBIL HOUSE, AMBALAPADI, KARULAI P.O.,
                  NILAMBUR VIA, MALAPPURAM DISTRICT-679 330.
       16         VERAMBILAVIL BABU SANDRA,
                  VERAMPILAVIL HOUSE, KAROOR P.O., THRISSUR
                  DISTRICT-680 697.
       17         YAKOOB SANJEEDH AHAMED,
                  SS NIVAS, A R NAIR COLONY, KUNNATHURMEDU,
                  PALAKAKD, KERALA-678 013.
 W.P.(C) No.12355 of 2021                   3




       18          MATHEW SHALLET MANOJ,
                   KOTTOOR PATHALIL, PAYYANAMON, PATHANAMTHITTA-689
                   692.
       19          CAVIL VEEDU SURENDRAN AKHIL HARI KRISHNA,
                   CAVIL SANKAR KRIPA, OOTTARA, KOLLENGODE,
                   PALAKKAD-678 506.
                   BY ADVS.
                   SRI.P.SREEKUMAR
                   SRI.ASWIN KUMAR M J
                   SMT.HELEN P.A.
                   SRI.ARUN ROY
                   SRI.SHAHIR SHOWKATH ALI


RESPONDENT/S:

        1          UNION OF INDIA
                   REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
                   MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN
                   BAHVAN, NEW DELHI-110 011.
        2          NATIONAL MEDICAL COMMISSION,
                   REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR
                   8, DWARAKA, PHASE I, NEW DELHI-110 077.
                   BY ADV TITUS MANI VETTOM, STANDING COUNSEL
                   BY SMT. MINI, CGC




            THIS     WRIT    PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION            ON    08.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.12355 of 2021                      4




                            W.P.(C) No.12355 of 2021
                      -----------------------------------------------


                                      JUDGMENT

Petitioners are Indian Citizens undergoing

Undergraduate Medical Course in Philippines. They have

completed the first three years of their course in Philippines

and thereafter returned to India due to the pandemic COVID-

19. Though they are attending theory classes of the fourth

year of the course online from India, they are unable to avail

clinical training as they are remaining India. The petitioners,

therefore, approached this Court seeking directions to the

Central Government to make some provisions to enable the

petitioners to avail clinical training from any one of the

recognized medical institutions in India as a one time measure.

2. Heard the learned counsel for the petitioners,

the learned Assistant Solicitor General of India as also the

learned Standing Counsel for the second respondent.

3. Ext.P3 is a representation made by the

petitioners before the Central Government as also the National

Medical Commission seeking identical relief.

Insofar as the prayer of the petitioners is one to be

examined by the Central Government as also the National

Medical Commission, I am of the view that the writ petition can

be disposed of directing the Central Government to take a

decision on Ext.P3 representation, after affording the

petitioners as also the National Medical Commission an

opportunity of hearing. Ordered accordingly. This shall be

done as expeditiously as possible, at any rate, within one

month. The competent authority of the Central Government is

free to hear the petitioners online.

Sd/-

P.B.SURESH KUMAR, JUDGE

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APPENDIX OF WP(C) 12355/2021

PETITIONER ANNEXURE Exhibit P1 A TRUE COPY OF THE CERTIFICATE ISSUED TO THE 1ST PETITIONER.

Exhibit P2 A TRUE COPY OF THE CERTIFICATE ISSUED PERMITTING CLINICAL TRAINING IN INDIA. Exhibit P3 A TRUE COPY OF THE REQUEST SUBMITTED 18.05.2021 BY THE PETITIONERS TO THE 1ST AND 2ND RESPONDENTS.

Exhibit P4 A TRUE COPY OF THE LETTER DATED 24.03.2021 ISSUED TO GEETHANJALI MEDICAL COLLEGE.