Dr.Muhammed K vs Kannur Medical College
2021 Latest Caselaw 13418 Ker

WP(C) NO. 9071 OF 2021
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                         WP(C) NO. 9071 OF 2021
PETITIONER:

        DR.MUHAMMED K.,
        AGED 63 YEARS
        S/O. PAVIROOTTY, SQ NO.14, MES MEDICAL COLLEGE CAMPUS, MES
        ACADEMY OF MEDICAL SCIENCES, MALAPARAMBA, PALACHODE P.O.
        PERINTHALAMANNA, MALAPPURAM 679 338.

        BY ADVS.
        BABU KARUKAPADATH
        SMT.M.A.VAHEEDA BABU
        SHRI.P.U.VINOD KUMAR
        SMT.ARYA RAGHUNATH
        SMT.VAISAKHI V.
        SRI.T.M.MUHAMMED MUSTHAQ
        SHRI.MOHAMED HISHAM P



RESPONDENTS:

    1       KANNUR MEDICAL COLLEGE
            K.M.C. CAMPUS, POST MAMBA, ANJARAKANDY, KANNUR, 670 611,
            REPRESENTED BY ITS DEAN.

    2       THE DEAN,
            KANNUR MEDICAL COLLEGE,
            K.M.C. CAMPUS, POST MAMBA, ANJARAKANDY, KANNUR, 670 611.

    3       NATIONAL MEDICAL COMMISSION,
            POCKET 14, SECTOR 8, DWARAKA, PHASE-1, NEW DELHI - 110
            077, REPRESENTED BY ITS SECRETARY.

          BY ADVS.
          ABDUL RAOOF PALLIPATH
          SHRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA
          K.R.AVINASH (KUNNATH)


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9071 OF 2021
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                                   JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) issue a writ of mandamus, other appropriate writ, order or direction commanding the respondents 1 and 2 to issue relieving order and Experience Certificate to the petitioner based on Exhibit P2 Letter of Resignation, as early as possible. (2) issue a writ of mandamus, other appropriate writ, order or direction commanding the 3rd respondent to issue immediate orders directing the respondents 1 and 2 to issue relieving order and Experience Certificate to the petitioner based on Exhibit P2 Letter of Resignation, forthwith, by considering Exhibit P3. (3) Direct the 3rd respondent to consider Exhibit P3 and to take immediate appropriate action thereon.

2. It is submitted that an undertaking made by the learned counsel for

the respondents had been recorded by this Court and the learned counsel

for the petitioner submits that the Certificates had been handed over by the

respondents to the petitioner. It is therefore contended that nothing survives

for consideration in this writ petition. The directions in the interim order

stands complied with.

In the above view of the matter, this writ petition is closed.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 9071 OF 2021

APPENDIX OF WP(C) 9071/2021

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER AS PROFESSOR IN THE DEPARTMENT OF DERMATOLOGY IN THE 1ST RESPONDENT COLLEGE DATED 25/05/2017.

EXHIBIT P2 A TRUE COPY OF THE LETTER OF RESIGNATION DATED 26/08/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 27/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE 3RD RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE FACULTY DECLARATION FROM (BLANK), TO BE FILLED AND SUBMITTED BY EACH FACULTY OF A MEDICAL COLLEGE BEFORE THE 3RD RESPONDENT, IN EACH ACADEMIC YEAR.