Kerala Private Medical College ... vs The Chancellor, Kerala ...
2021 Latest Caselaw 21623 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                       WP(C) NO. 11284 OF 2021
PETITIONERS:

    1     KERALA PRIVATE MEDICAL COLLEGE TEACHERS ASSOCIATION
          WITH REGISTER NO.MPM/CA/226/2020 HAVING ITS HEAD OFFICE
          AT OBG CLINIC, KULAMANGALAM, VALANCHERY P.O.,
          MALAPPURAM, REP. BY ITS SECRETARY MOHAMMED ISMAEL, AGED
          48 YEARS, S/O.KUNJU, YASERB HOUSE, KORANGOD UP HALL,
          MALAPPURAM 676 505
    2     DENNY DEVASSYKUTTY
          PRESIDENT, KERALA PRIVATE MEDICAL COLLEGE TEACHERS
          ASSOCIATION, VELUTHEPILLY HOUSE, KIZHAKKUMBHAGOM,
          KANJOOR, ERNAKULAM 683 575
    3     DR.NITIN J.L.
          KR-155, KRIPA, NEAR CL HSS, PEROORKADA P.O.,
          THIRUVANANTHAPURAM 695 005.
    4     AMRITESH KUMAR
          PLOT NO.76/1-A, FLAT NO.A5, GROUND FLOOR, WARD NO.9,
          KRISHNAGARH, VASAT KUNJU, DELHI 110 010.
    5     DR. VISHNU C.S.
          VISHNUPRIYA, ANAYARA P.O., THIRUVANANTHAPURAM
    6     DR. SETHU LEKSHMY
          PUNTHELATH, PAZHAKULAM, ADOOR.
    7     DR. SHARADA
          59, RAVI NILAYAM, 100 FT. ORR, OPP. MRLE MANZION, KHB
          APRATMENTS, 3RD STAGE, KINGERI, SATALITE TOWN,
          BANGALORE 560 060.
    8     DR. BINDU KUMARI
          ASSOCIATE PROFESSOR, DEPARTMENT OF PATHOLOGY, SUJ
          MEDICAL COLLEGE, VATTAPARA, THIRUVANANTHAPURAM
    9     MEENA VIJAYARAGHAVAN
          BODHI L 151, LIC LANE, PATTOM, THIRUVANANTHAPURAM
          BY ADV M.S.RADHAKRISHNAN NAIR
                                  2
W.P.(C)No.11284 of 2021



RESPONDENTS:

     1     THE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES
           RAJ BHAVAN, THIRUVANANTHAPURAM 695 001.
     2     THE STATE OF KERALA
           REP. BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM 695 001.
     3     THE PRINCIPAL SECRETARY TO GOVERNMENT
           DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,
           THIRUVANANTHAPURAM 695 001.
     4     THE PRINCIPAL SECRETARY TO GOVERNMENT
           DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,
           THIRUVANANTHAPURAM 695 001.
     5     THE PRINCIPAL SECRETARY TO GOVERNMENT
           DEPARTMENT OF LAW, SECRETARIAT,
           THIRUVANANTHAPURAM 695 001.
     6     THE KERALA UNIVERSITY OF HEALTH AND SCIENCE
           REP. BY THE REGISTRAR, UNIVERSITY COMPLEX,
           THRISSUR 680 596
     7     THE VICE CHANCELLOR
           KERALA UNIVERSITY OF HEALTH AND SCIENCE,
           UNIVERSITY COMPLEX, THRISSUR 680 596
     8     THE NATIONAL MEDICAL COMMISSION
           POCKET 14, SECTOR -8, DWARAKA PHASE -1,
           NEW DELHI 110 077.
     9     KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION
           REPRESENTED BY ITS PRESIDENT DR.K.M.NAVAS, REGISTERED
           OFFICE, MALABAR MEDICAL COLLEGE CAMPUS, MODAKKALLUR,
           ATHOLI P.O., KOZHIKODE-673 315 . IMPLEADED AS ADDL.9 AS
           PER ORDER DATED 14-07-2021 IN IA 1/2021.
                                  3
W.P.(C)No.11284 of 2021


           BY ADVS.
           K.JAJU BABU (SR.)
           SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
           SCIENCES
           SHRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA
           SHRI.JIMMY GEORGE GP
           SMT.M.U.VIJAYALAKSHMI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      4
W.P.(C)No.11284 of 2021




                              JUDGMENT

The 1st petitioner is an Association of Kerala Private Medical

College Teachers registered under the Societies Registration Act,

1860. The other petitioners are members of the said Association

and teachers working in various Private Medical Colleges. Ext.P3

ordinance has been promulgated to provide for the method of

appointment and conditions of service of teaching and non-

teaching employees of self financing colleges affiliated to various

Universities established in the State and for other matters

connected therewith. The petitioners submit that in the

definition of University under Clause-(2)(m) of the Ordinance,

almost all Universities in Kerala have been included, except the

Kerala University of Health and Science. The petitioners submit

that non inclusion of the 6th respondent University within the

ambit of the Ordinance is illegal and discriminatory. Accordingly,

the 1st petitioner submitted Ext.P4 representation before the 2 nd

respondent requesting to include Kerala University of Health and

Science within the ambit of Clause-(2)(m) of the Ordinance. The

W.P.(C)No.11284 of 2021

limited prayer of the petitioners is for consideration of Ext.P4 by

the 2nd respondent.

2. Heard the learned counsel for the petitioners, the

learned Government Pleader Smt.M.U.Vijayalakshmi the learned

counsel for the 1st respondent and Sri.P.Sreekumar the learned

standing counsel for the Kerala University of Health and Science

and the learned counsel for the other respondents.

3. Having regard to the facts and circumstances of the

case, there will be a direction to the 2 nd respondent to consider

Ext.P4 representation submitted by the 1st petitioner with notice

to the 1st petitioner. The 2nd respondent shall pass appropriate

orders on Ext.P4 within a period of two months from the date of

receipt of a copy of the judgment.

The petitioners have further grievance that even though

they have worked on-line during the Covid period, they are not

paid full salary for the service rendered by them during the said

period. Accordingly, the 1st petitioner has preferred Ext.P13

representation before the 3rd respondent. There will be a

direction to the 7th respondent to consider Ext.P13 within a

W.P.(C)No.11284 of 2021

period of three months from the date of receipt of a copy of the

judgment.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE ska

W.P.(C)No.11284 of 2021

APPENDIX OF WP(C) 11284/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.MPM/CA/226/2020 DATED 27.5.2020 ISSUED BY THE REGISTRAR OF SOCIETIES.

EXHIBIT P2 MEMORANDUM WITHOUT ANNEXURES SUBMITTED BY FIRST PETITIONER BEFORE THE FIRST RESPONDENT DATED NIL.

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.3361/LEG.G2/2021/LAW DATED 20.2.2021 ALONG WITH ORDINANCE NO.38/2021.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY FIRST PETITIONER BEFORE THE 2ND RESPONDENT DATED 17.4.2021 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY FIRST PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.4.2021 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY FIRST PETITIONER BEFORE THE 4TH RESPONDENT DATED 17.4.2021 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY FIRST PETITIONER BEFORE THE 5TH RESPONDENT DATED 17.4.2021 EXHIBIT P8 TRUE COPY OF THE LETTER ISSUED BY THE 7TH RESPONDENT DATED 15.4.2020 EXHIBIT P9 TRUE COPY OF THE LETTER NO.LEGAL/01/2020 DATED 30.9.202O ISSUED BY THE 8TH RESPONDENT. EXHIBIT P10 TRUE COPY OF THE CIRCULAR NO.14615/REGR'S OFFICE/KUHS/2018 DATED 10.5.2020 ISSUED BY THE 6TH RESPONDENT.

W.P.(C)No.11284 of 2021

EXHIBIT P11 TRUE COPY OF THE LETTER NO.12181/REGR'S OFFICE/KUHS/2020 DATED 19.8.2020 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE LETTER NO.,20334/DSA/A2/2020 DATED 6.11.2020 ISSUED BY THE 6TH RESPONDENT. EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 8.3.2021 SUBMITTED BY FIRST THE PETITIONER BEFORE THE 7TH RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 8.3.2021 SUBMITTED BY FIRST THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY FIRST THE PETITIONER BEFORE THE 8TH RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE LETTER ISSUED BY THE DENTAL COUNCIL OF INDIA NO.DE-22-BDS (ACADEMIC)/2020/3181 DATED 3.11.2020 TO PRINCIPALS OF SELF FINANCIAL DENTAL COLLEGES.