Kerala High Court
The Principal, Kannur Medical ... vs Arsha Mohan on 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.17592 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O.,
KANNUR 670 612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.M.K.SUMOD
RESPONDENTS:
1 PRASANNA KUMAR V
S/O.VIKRAMAN NAIR, AGED 53 YEARS, PRASOONAM, VAVARA,
POTHENCODE, P.O., TRIVANDRUM 695 584
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014, REP.BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.A.ARUNA
BY ADV.SMT.THULASI K. RAJ
BY ADV.SMT.MAITREYI SACHIDANANDA HEGDE S
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2022 ALONG WITH WP(C).NO.13042/2020 AND CONNECTED
CASES, THE COURT ON 05.04.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 2 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13042 OF 2020
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE,
ANJARAKANDY P.O., MAMBA, KANNUR - 670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 SHYAM M.S.,
21 YEARS, S/O.MURALI K.P., MURALI SADANAM, CHALODE,
P.O.EDAYANNUR - 670 595.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDING, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.SUNIL V.MOHAMMED
BY ADV.SRI.AADIL SHAH A.S.
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 3 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13301 OF 2020
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDY P.O., MAMBA, KANNUR-670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 ABDULLA
AGED 55 YEARS
S/O.MOHAMEDKUNHI, RASALS, P.O.PERUVALATHUPARAMBA, IRIKKUR,
KANNUR-670 593.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDING, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.SRI.V.T.MADHAVANUNNI
BY ADV.SRI.V.A.SATHEESH
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022 ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 05.04.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 4 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13520 OF 2020
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDI P.O., MAMBA, KANNUR- 670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 ARSHA MOHAN
D/O.MOHANN K.K., DEEPIKAS, P.O.ECHUR, KANNUR-670 591.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695014, REPRESENTED BY THE CHAIRMAN.
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022 ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 5 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13528 OF 2020
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O.,
MAMBA, KANNUR-670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MUHAMMAD
AGED 23 YEARS
S/O.ABDUL SALAM, NALUPURAYIL HOUSE, CUSTOMS ROAD,
VADAKARA P.O.-673103, KOZHIKODE DISTRICT.
2 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL
COLLEGES IN KERALA,
T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695014, REPRESENTED BY THE
CHAIRMAN.
BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.3.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 6 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13549 OF 2020
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P. O., MAMBA,
KANNUR - 670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 UMMER
AGED 70 YEARS
S/O.NURUDHEEN, UTHANGANAKAM HOUSE, PONNANI P.O.,
MALAPPURAM - 679 586.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T. C. 15/1553-4,
PRASANTHI BUILDINGS, M. P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV SRI.K.B.ARUNKUMAR
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 7 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.10977 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDI P.O, MAMBA,
KANNUR - 670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.RAJ CAROLIN V.
RESPONDENTS:
1 ASIF ALI V.P.
AGED 25 YEARS
S/O. KUNHIMOIDEEN, VENGOLIPOYIL, NETTOOR POST, KAKKATTIL,
KOZHIKODE DISTRICT - 673507.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4, PRASANTHI
BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM -
695014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.P.SAJU
BY ADV.SRI.K.M.AUGUSTINE
BY ADV.SRI.ANIL.D.KAITHAKKAL
BY ADV.SRI.ROOPESH K.
BY ADV.SRI.SHELIN VIJAYAN BY SMT.MARY BENJEMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 8 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.11671 OF 2021
PETITIONERS:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDI P.O., KANNUR-670 612.
BY ADV.SRI..ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MOIDEENKUTTY V.V.
AGED 65 YEARS
S/O.UMMERKUTTY, THRIPTHI HOUSE, ULLIYERI POST, KOYILANDI
TALUK, KOZHIKODE-673 620.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAOL COLLEGES IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.ANIL.D.KAITHAKKAL
BY ADV.SRI.K.M.AUGUSTINE
BY ADV.SRI.P.SAJU
BY SMT.MARY BENJEMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 9 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.11696 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDY P.O., KANNUR-670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MEHASHOOQUE K.P.
AGED 48 YEARS
S/O. A.K.P. MUSTHAFA, SHABNAM, KANNUKAA, P.O.
CHOVVA, KANNUR-670 006.
2 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL
COLLEGES IN KERALA, T.C.15/1553-4, PRASANTHI BUILDINGS,
M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014,
REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.SUNIL V.MOHAMMED
BY SMT.MARY BENJEMIN, SC FOR R2
BY ADV.SRI.MANOJ N.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED
CASES, THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 10 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.12615 OF 2021
PETITIONER:
THE PRINCIPAL,
KANNUR MEDICAL COLLEGE ANJARAKANDY P.O. KANNUR 670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 RAVEENDRAN NAIR A
AGED 57 YEARS
S/O.APPUKKUTTAN PILLAI, POURNAMI, MAMATHA NAGAR 76/A,
KAZHAKKOTTAM P.O. TRIVANDRAM 695 582.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.MAITREYI SACHIDANANDA HEGDE
BY SMT.MARY BENJEMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 11 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.12737 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE,
ANJARAKANDY P.O., KANNUR-670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MOHANAN P.K.,
S/O.GOVINDAN NAIR, CHATHOTH HOUSE, P.O.KOTTUR, KADAVUNNUR,
KOZHIKODE-673 614.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.MAITREYI SACHIDANANDA HEGDE
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 12 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C) NO.12823 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O. KANNUR 670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 NOUSHAD LAL
S/O. MUHAMED ILLIYAS, NIDHIS, PADANILAM,
CHIRAYINKEEZHU TALUK, TRIVANDRUM 695 304.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR
BY ADV.SRI.AKASH S.
BY ADV.SMT.A.MEGHAMARY BENJEMIN
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 13 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13008 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
KANNUR MEDICAL COLLEGE,ANJARAKANDY,
P.O.KANNUR-670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.RAJ CAROLIN V.
RESPONDENTS:
1 HAMZAKOYA
AGED 59 YEARS
S/O ALAVIHAJI,THEKKEPURAM HOUSE, P.O.KODAKKAD,VIA
CHETTIPADI,MALAPPURAM.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA,
T.C.15/1553-4,PRASANTHI BUILDINGS,M.P.APPAN
ROAD,VAZHUTHACAUD,THIRUVANANTHAPURAM-695014,
REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.SUNIL V.MOHAMMED
BY ADV.SRI.MANOJ N.
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 14 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.14970 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
P.O.ANJARAKANDY, KANNUR - 670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.M.K.SUMOD
BY ADV.SRI.RAJ CAROLIN V.
RESPONDENTS:
1 SATHIKUMAR D.
AGED 54 YEARS
S/O.DAMODARAN PILLAI, REVATHI, BHAGAVATHYNADA P.O., PALLICHAL,
BALARAMAPURAM (VIA), TRIVANDRUM - 695 501.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGE IN KERALA, T.C.15/1553-4, PRASANTHI
BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM -
695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.MAITREYI SACHIDANANDA HEGDE
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 15 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.20628 OF 2021
PETITIONERS:
1 MOIDEENKUTTY V.V
AGED 65 YEARS
S/O.UMMERKUTTY, THRIPTHI, NARATH, ULLIYERI,
KOZHIKKODE DISTRICT 673 323
2 AFSANA RUKHZATH M.S
AGED 25 YEARS
D/O. MOIDEENKUTTY, THRIPTHI, NARATH, ULLIYERI,
KOZHIKKODE DISTRICT 673 323
BY ADV.SRI.K.M.AUGUSTINE
BY ADV.SRI.ANIL.D.KAITHAKKAL
BY ADV.SRI.P.SAJU
BY ADV.SRI.ROOPESH K.
BY ADV.SMT.SHELIN VIJAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE ADMISSION SUPERVISORY COMMITTEE FOR
PROFESSIONAL COLLEGES IN KERALA, TC 15/1553-4, PRASANTHI
BUILDING, MP APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 16 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
695 014
3 PRESTIGE EDUCATIONAL TRUST
ANJARAKKANDI, KANNUR, KERALA 670 612
REPRESENTED BY ITS DIRECTOR, DR. HASHIM M.A
4 THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKKANDI P.O, KANNUR DISTRICT,
KERALA 670 612
BY SRI.N.MANOJ KUMAR, STATE ATTORNEY
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 17 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.20648 OF 2021
PETITIONER:
ASIF ALI V. P.
AGED 26 YEARS
S/O. KUNHIMOIDEEN V. P., VENGOLIPOYIL, NITTOOR P. O.,
KOZHIKKODE DISTRICT - 673 507.
BY ADV.SRI.K.M.AUGUSTINE
BY ADV.SRI.ANIL D. KAITHAKKAL
BY ADV.SRI.P.SAJU
BY ADV.SRI.ROOPESH K.
BY ADV.SMT.SHELIN VIJAYAN
RESPONDENTS:
1 STATE OF KERALA REPTD. CHIEF SECRETARY
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL
COLLEGES IN KERALA, TC 15/1553-4, PRASANTHI BUILDING, MP
APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014,
REPRESENTED BY ITS CHAIRMAN.
3 PRESTIGE EDUCATIONAL TRUST
ANJARAKKANDI, KANNUR, KERALA - 670 612, REPRESENTED BY ITS
DIRECTOR, DR. HASHIM M. A.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 18 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
4 THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKKANDI P. O.,
KANNUR DISTRICT, KERALA - 670 612.
BY SRI.N.MANOJ KUMAR, STATE ATTORNEY
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER
BY ADV.SRI.K.R.AVINASH (KUNNATH)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 19 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.25082 OF 2021
PETITIONERS:
1 ABDULLA K.P
AGED 58 YEARS
S/O MUHAMMED KUNHI, RUSSALS PERUVALATHUPARAMBA P.O.IRIKKUR
AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT-670 593.
2 REHNA BANU,
AGED 23 YEARS
D/O ABDULLA K.P. RUSSALS PERUVALATHUPARAMBA P.O.IRIKKUR
AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT-670 593.
BY ADV.SRI.V.T.MADHAVANUNNI
BY ADV.SRI.V.A.SATHEESH
RESPONDENTS:
1 THE PRINCIPAL,
KANNUR MEDICAL COLLEGE, ANJARAKKANDY P.O.
KANNUR DISTRICT-670 612.
2 MANAGING DIRECTOR
KANNUR MEDICAL COLLEGE, ANJARAKKANDY P.O.
KANNUR DISTRICT-670 612.
3 M. ABDUL JABBAR,
CHAIRMAN, KANNUR MEDICAL COLLEGE, ANJARAKKANDY P.O.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 20 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
KANNUR DISTRICT-670 612.
4 ADMISSION SUPERVISORY COMMITTE FOR PROFESSIONAL COLLEGES IN
KERALA
PRASANTHI BUILDINGS, M.P APPAN ROAD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS CHAIRMAN
5 KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHU KAVU, MEDICAL COLLEGE P.O.THRISSUR,
REPRESENTED BY ITS SECRETARY
6 STATE OF KERALA,
REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH EDUCATION,
THIUVANANTHAPURAM-695 001.
BY SRI.P.SREEKUMAR, SC , KUHS
BY ADV SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 21 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.26808 OF 2021
PETITIONER:
THE PRINCIPAL,
KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O,
KANNUR 670 612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 DEEPTHA M
AGED 22 YEARS
D/O.K.V RANJITH, SREEDEEPAM, MELE CHOVVA, KANNUR 670 006
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA T.C 15/1553-4, PRASANTHI
BUILDINGS, M.P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM
695 014 REPRESENTED BY ITS CHAIRMAN.
BY ADV.SRI.SUNIL V.MOHAMMED
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
BY ADV.SRI.MANOJ N.
BY ADV.SMT.AJITHA APPU
BY ADV.SMT.M.S.NEETHUMOL
BY ADV.SRI.AADIL SHAH A.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 22 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.26824 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDI P.O,
KANNUR 670 612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 NAZREENA. K.V
AGED 22 YEARS
D/O.K.V NAZAR, KOLLIYIL HOUSE, VALAD P.O, 670 644 MANANTHAVADY,
WAYANAD 670 645
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA T.C 15/1553-4, PRASANTH
BUILDINGS, M.P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM 695
014
REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
BY ADV.SRI.AKASH S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 23 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.26870 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDI P.O,
KANNUR-670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 LEKSHMI C.R.
D/O.CHANDRASEKHARAN, SREEVALSAM, ASWATHY NAGAR,
ATHANIPARAMB, OLAVAKKOD, PALAKKAD-678002.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T,C,15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS CHAIRMAN.
BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
BY ADV.SRI.AKASH S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 24 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.30209 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE,
ANJARAKANDY P.O., KANNUR-670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 ABDUL RAHIM,
AGED 60 YEARS
S/O.MOOSAKUTTY HAJI.A.K., RESIDING AT ARAMANA, P.O.
FAROOK COLLEGE, KOZHIKODE-673 632.
2 THE ADMISSION SUPERVISOR COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SMT.THULASI K. RAJ
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 25 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.30222 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O.,
KANNUR-670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MINNY ABRAHAM
AGED 56 YEARS
W/O. ABRAHAM MATHAI, PANDAVALAPPIL HOUSE, KARUVATTA, ADOOR,
PATHANAMTHITTA-691523.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA,T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SMT.THULASI K. RAJ
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 26 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.30491 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE,ANJARAKANDY .P.O,
KANNUR-670 612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.M.K.SUMOD
RESPONDENTS:
1 ABDUSSALAM.E
S/O BEERANKUTTY,AGED 54 YEARS,ELANTHI HOUSE,TIRURANGADI
P.O,VENNIYUR,VALAKKULAM VIA,MALAPPURAM-676508
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA,T.C,15/1553-4,PRASANTHI
BUILDINGS,M.P.APPAN ROAD,VAZHUTHACAUD,THIRUVANATHAPURAM-695
014,REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.THULASI K. RAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 27 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.30618 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P. O.,
KANNUR - 670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MUHAMMED PILAKANDIYIL
AGED 48 YEARS
S/O. MAMMU, KARTHIKAPALLY P. O., VIA VILLIAPALLY, VADAKARA,
KOZHIKODE - 673542.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T. C. 15/1553-4,
PRASANTHI BUILDINGS, M. P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.THULASI K. RAJ
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 28 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.30663 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDY P.O., KANNUR 670 612
BY ADV.SRI.ABDUL RAOOF PALLIPATH(K/920/1998)
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.M.K.SUMOD
RESPONDENTS:
1 MOHAMED HANEEFA
AGED 65 YEARS
S/O.MOHAMED HAJI, AGED 65 YEARS, PAIKKADAN HOUSE,
NEAR KSFE, VENGARA P.O., MALAPPURAM 676 305
2 THE ADMISSION SUPERVISORY COMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014, REP.BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SMT.THULASI K. RAJ
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED
CASES, THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 29 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.2111 OF 2022
PETITIONER:
THE PRINCIPAL,
AGED 45 YEARS
KANNUR MEDICAL COLLEGE, ANJARAKANDY, P.O.,
KANNUR - 670 612, PIN - 670612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MIDHILA M.A. NAIR
AGED 24 YEARS
D/O ANILKUMAR,
SIVASAKTHI, NELLIVILA,
BALARAMAPURAM, TRIVANDRUM, PIN - 695501
2 THE ADMISSION SUPERVISORY COMMITTEE, FOR PROFESSIONAL
COLLEGES IN KERALA
T.C. 15/1553-4, PRASANTHI BUILDINGS,
M.P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014,
REPRESENTED BY THE CHAIRMAN, PIN - 695014
BY ADV.SRI.PIRAPPANCODE V.S.SUDHEER V.S.
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
BY ADV.SRI.AKASH S.(K/980/2008)
BY ADV.SMT.A.MEGHA(K/000488/2018)
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 30 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
BY ADV.SMT.V.S.VARALEKSHMI(K/000910/2019)
BY ADV.SMT.AMRITHAPRIYA.C(K/002655/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 31 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.6200 OF 2022
PETITIONER:
THE PRINCIPAL
AGED 45 YEARS
KANNUR MEDICAL COLLEGE, ANJARAKANDY, P.O.,
KANNUR, PIN - 670612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 SURENDRAN.P.V
AGED 64 YEARS
S/O POKKAN,AGED 64 YEARS, POURNAMI, PACHAPOIKA, KOOTHUPARAMBA,
KANNUR, PIN - 670643
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA,
T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY THE CHAIRMAN,
PIN - 695014
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SMT.THULASI K. RAJ
BY ADV.SRI.VARUN C.VIJAY
BY SMT.MARY BENJEMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 32 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.7564 OF 2022
PETITIONER:
LAKSHMI C.R
AGED 22 YEARS
D/O.CHANDRASEKHARAN, SREEVALSAM, ASWATHY NAGAR,
ATHANIPARAMB, OLAVAKKOD, PALAKKAD. PIN - 678002
BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR
BY ADV.SRI.AKASH S.
BY ADV.SMT.A.MEGHA
BY ADV.SMT.V.S.VARALEKSHMI
BY ADV.SMT.AMRITHAPRIYA.C
RESPONDENTS:
1 THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDI P.O., KANNUR. PIN - 670612
2 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES
IN KERALA
T.C.15/1553-4, PRASANTHI BUILDINGS,
M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED
BY ITS CHAIRMAN. PIN - 695014
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)(K/1364/2003)
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 33 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
JUDGMENT
In these batch of writ petitions, the Kannur Medical
College (hereinafter referred to as the "KMC" for brevity), a self
financing private medical college in Kerala, that was established in the
year 2006, impugns the orders of the Admission Supervisory
Committee for Professional Colleges in Kerala (hereinafter referred to
as the "ASC" for brevity) that direct the college to refund various
amounts to the students who were forced to leave the college
consequent to their admissions thereto being cancelled by the ASC. A
few writ petitions have been preferred by the students concerned
seeking an expeditious implementation of the orders of the ASC in
their favour. To appreciate the issues urged in these writ petitions, it is
necessary to give a brief narration of the litigation history that
culminated in the impugned orders of the ASC.
2. Consequent to the decisions of the Supreme Court in
Sankalp Charitable Trust & Anr. v. UOI and Ors - [(2016) 7 SCC
487] and Modern Dental College and Research Centre & Ors. v.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 34 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
State of Madhya Pradesh & Ors. - [(2016) 7 SCC 353], that
mandated that admission to MBBS courses had to be conducted
through the National Eligibility-cum-Entrance Test (NEET) and all
States and Union Territories had to conduct combined/centralized
counseling for the 2016-17 MBBS admissions, the Government of
Kerala directed that all medical colleges in the State would admit
student selected by the Commissioner of Entrance Examinations (CEE)
through common counseling. In a writ petition filed by KMC
impugning the said direction, an interim order dated 26.08.2016 came
to be passed directing that MBBS Admissions for 2016-17 would be
conducted on the basis of NEET-2016 and that all applications would
be made online to facilitate transparency with regard to merit and
identity of the applicants. It would appear that KMC did not comply
with the said directions or the requirements in the revised approval of
the prospectus dated 10.09.2016, and hence, following a brief spell of
litigation, the ASC cancelled all admissions made by KMC and
requested the State Government to direct the CEE to conduct
centralized admissions.
3. The directions issued by the ASC were impugned by
the KMC in a writ petition [W.P(C).No.32186/2016] that came to be
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 35 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
dismissed with costs by this Court. While dismissing the said writ
petition, this Court also directed the ASC to scrutinize all records of
KMC with regard to the admissions made. Although KMC carried this
order of the High Court to the Supreme Court in an SLP, the same was
also dismissed by an order dated 22.03.2017. Following this, the
Registrar of the Kerala University of Health Sciences [KUHS], by an
order dated 31.03.2017 directed the Principal of KMC to discharge the
150 students admitted during the academic year 2016-17 and to report
compliance. A writ petition [W.P.(C).No.16411/2017] filed by the
students thereafter, challenging the order of cancellation of their
admissions, was dismissed by this Court on 22.06.2017. This order was
confirmed by the Supreme Court through its order dated 10.07.2017
in SLP(C).No.17080/2017. The State Government thereafter
promulgated an Ordinance to regularize the MBBS admissions in
certain medical colleges against payment of Rs.3 Lakhs per student as
regularization fee. The Ordinance, however, was struck down by the
Supreme Court as ultra vires in Medical Council of India v. State of
Kerala & Ors - [(2019) 3 SCC 185].
4. Finding that it was not possible to continue their
medical education in KMC on account of the cancellation of their
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 36 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
admissions by the ASC, several students/parents approached the KMC
for a refund of the fees paid by them as also a return of the original
documents submitted at the time of admission. Before the ASC that
was dealing with the said complaints against KMC, some cases were
settled by the KMC and orders were passed by the ASC recording the
fact of settlement between the parties. In many cases, however, the
students/parents, dissatisfied with the amounts refunded by KMC,
persisted with their case before the ASC. In the meanwhile, however,
KMC approached the Supreme Court aggrieved by a judgment of this
Court that sustained an order of the KUHS refusing affiliation to the
college for the academic year 2017-18 for the purposes of admitting
students to the MBBS Course for that year. In the said SLP [SLP (C)
No.23225/2018], two orders viz. Order dated 29.08.2018 and Order
dated 04.10.2018, came to be passed, the net effect of which was to
require the KMC to refund amounts equivalent to the fee collected +
double of the amount other than fee collected, as a condition for
securing affiliation from the KUHS for the next academic year. Further,
in as much as there was ambiguity with regard to the quantum of the
payment other than fee that was effected by the students to KMC, the
ASC was directed to adjudicate the said issue on a case to case basis,
based on the evidence that was adduced before it by the students and
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 37 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
the college.
5. In the fresh adjudication process that ensued, several
complaints were closed as settled, taking note of the payments
received by the complainants from the KMC in the meanwhile,
purportedly in full and final settlement of their claims. About 58
complaints were contested and in those cases, the ASC passed orders
directing refund of various amounts by the college. These orders were
impugned by the college before this Court. While so, the ASC issued
fresh notices to the complainants in settled cases after noting that the
settlement effected by the college in those cases had been on an
erroneous premise and by misinterpreting the directions in the order
dated 29.08.2018 of the Supreme Court referred above. These notices
were quashed by this Court through the judgment dated 22.11.2019 in
W.P.(C).No.26995/2019, where this Court found that in fresh
adjudication proceedings, it was not open to the ASC to re-open
proceedings that had been amicably settled between the parties. The
said judgment of this Court was however set aside by the Supreme
Court through a common judgment dated 18.02.2021 in Civil Appeal
No.596/2021 and connected cases where the Court also considered
petitions filed against a judgment of this Court that permitted the
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 38 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
KUHS to consider an application preferred by the college, for
continuation of affiliation for the academic year 2020-21, subject to
certain conditions stipulated to safeguard the interests of the students
concerned. The directions issued by the Supreme Court in the said
judgment read as follows:
"(a) KMC shall deposit Rs.15,72,89,020/- with the ASC along with
full details of the guardians/students to whom the amounts
have to be paid, their addresses and bank accounts, within a
period of one month from today. On deposit of the said
amounts, the ASC would disburse and make payments to the
guardians/students.
(b) ASC would issue fresh notices to the remaining students
(possibly 92 in number) as was the position before impugned
order dated 22nd November, 2019 was passed. It will examine
the objections or claims made by the guardians/students as to
the actual amount paid by them on the basis of material placed
by the guardians/students and the college. It will thereupon
pass appropriate orders. Any party, i.e. the
guardian/student/college, aggrieved by the order to be passed
by the ASC would be entitled to challenge the same before the
High Court.
(c) KMC would make a deposit of Rs.25 crores with the ASC,
which deposit would be converted into multiple fixed deposit
receipts as the ASC may deem appropriate.
(d) ASC would disburse and make payments to the guardians/
students on the basis of the orders passed by it or on the basis
of the orders passed by the High Court in case a writ petition
is filed impugning the order passed by the ASC regarding
quantification and refund.
(e) The orders passed by the ASC would indicate that the
payments in terms of the said order would be made within 45
days of the passing of the order and that any party, be it the
student/guardian or KMC, would have the right to challenge
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 39 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
the order before the High Court. The High Court upon
examination of the case would be entitled to grant stay or
direct refund/payment.
(f) KMC would be entitled to claim affiliation and admit students
only after they have deposited Rs.15,72,89,020/- and Rs.25
crores, as indicated above. Of course, KMC, for affiliation
would have to meet and satisfy all statutory conditions. It is
made absolutely clear that if the aforesaid payments of
Rs.15,72,89,020/- and Rs.25 crores are not made, the order
passed by the ASC and KUHS denying/rejecting KMC's
application for continuation of affiliation for academic year
2020-21 and future academic years would continue. As the
amount of Rs.15,72,89,020/- has not been disputed by the
College, in case it fails to deposit the same, the students/
guardians will be well within their rights to approach the
authorities for enforcement and payment. Further, in the event
that KMC does not deposit Rs.15,72,89,020/- and Rs.25 crores,
decision with regards to grant of affiliation shall be made by
the ASC and KUHS only upon determination, settlement and
refund of all claims pertaining to the students admitted in the
academic year 2016-17. Compliance report would be filed in
terms of order dated 4th October, 2018.
(g) As indicated above, the ASC would be entitled to open a
separate bank account and convert the amounts received in
multiple fixed deposits of varying amounts for different
periods. The bank account and the fixed deposits would be in
the name of KMC, i.e. Kannur Medical College, but the
account/deposits would be only operated and abide by the
instructions of the Authorised Officer/Member of the ASC. For
the purpose of account opening, KMC would provide their PAN
number and other details. KMC would assist and cooperate
with the ASC. Tax at source, if any, deducted on the interest
would be reflected as deducted on interest earned by KMC.
The interest accrued on the fixed deposits would also be
income and would be reflected in the income-tax returns of
KMC. However, the interest accrued on the deposits/bank
account (minus the TDS) would be also available to the ASC to
make payment to the students.
(h) ASC is requested to complete the aforesaid exercise as
expeditiously as possible and preferably within a period of nine
months from the date of this order. Upon completion of the
entire exercise, including awaiting the decision of the High
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 40 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Court/this Court, the ASC shall refund excess amount, if any, to
KMC. In case of a shortfall, it would be the obligation of KMC
to make the amount available for disbursal to the
guardians/students. In case of failure to make payment, the
ASC would be entitled to issue appropriate orders/directions,
including direction to restrain KMC from admitting students in
the then current or the next academic year. Such direction,
however, would not affect the students who have already been
admitted.
(i) In case of any difficulty in implementation or clarification of
this order, it would be open to the parties to move an
application for directions, clarification or modification before
this Court."
6. It is in purported compliance with the directions of the
Supreme Court that the ASC has passed the orders impugned in these
writ petitions.
7. We have heard Sri. Abdul Raoof, the learned counsel
for the KMC in all these cases, Smt. Mary Benjamin, the learned
Standing counsel for the ASC and Adv.Sri.Kaleeswaram Raj, duly
assisted by Adv.Smt.Tulsi K. Raj, Adv.Sri.V.T.Madhavanunni,
Adv.Sri.Pirappancode V.S.Sudhir, Adv.Sri.K.B.Arunkumar,
Adv.Sri.K.M.Augustine and Adv.Sri.Sunil V. Mohammed, the learned
counsel appearing for the students concerned in these writ petitions.
8. At the very outset, we may observe that for the
purpose of deciding these writ petitions, we have to understand the
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 41 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
combined effect of the orders dated 29.08.2018 and 04.10.2018 of the
Supreme Court in SLP (C) No.23225/2018 and its order dated
18.02.2021 in Civil Appeal No.596/2021 and connected cases as having
required the ASC to adjudicate the claims of the students/parents
afresh in the light of the evidence adduced before it by the
students/parents and the college, with the rider that in such
adjudication, the settlement effected between the parties, based on an
erroneous understanding of the directions of the Supreme Court in its
order dated 29.08.2018, had to be ignored by the ASC. The latter
direction was issued taking note of the fact that the settlements
effected by the college were premised on the understanding that,
consequent to the order dated 29.08.2018 of the Supreme Court, the
college was obliged to refund only twice the fee amount to the student,
and this was patently wrong. The order dated 29.08.2018 referred
above required the college to refund the fee amount + double the
amount other than fee that was collected from the students. In the
fresh adjudication proceedings, therefore, the ASC was required to
consider the evidence adduced by the parties so as to determine
whether any amount, other than the fee, was in fact collected from the
student by the college, and if so, the quantum thereof. On determining
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 42 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
this amount, the refund if any due to the student had to be computed
using the formula:
Refund Amount = Fee amount + (2 x amount other than fee
determined as collected) - (amount already paid to the student
by way of settlement or otherwise)
It is in the above backdrop that we have to consider the
rival submissions of the learned counsel for the parties.
9. The submissions of Sri.Abdul Raoof, the learned
counsel for KMC, can be summarised as follows:
● The ASC, while adjudicating the claims of the students afresh
pursuant to the directions of the Supreme Court, ought not to
have ignored the settlements effected between the parties
whereby the students concerned had accepted amounts in full
and final settlement of their claims against the college, and had
admitted so before the ASC itself.
● The ASC erred in ignoring the evidence adduced by the college
that clearly showed that the students concerned had filed
affidavits/undertakings with the college clearly stating therein
that they had not paid any capitation amounts to the college at
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 43 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
the time of admission. The said affidavit, having been filed at a
time when they were seeking the benefit of the Ordinance
promulgated by the State Government with a view to regularize
their admissions, could not be seen as vitiated on account of any
coercion by the college since the college had no role to play in the
intended regularization of their admissions. At any rate, the ASC
ought to have considered the contents of the said affidavit, along
with the averments in the proof affidavit filed by the students, to
determine the credibility of the evidence adduced by the students
in the adjudication proceedings.
● In many cases, the ASC has blindly accepted the evidence adduced
by the student without testing its veracity on the principles laid
out under the Indian Evidence Act and this has resulted in the
student concerned obtaining a windfall in terms of compensation
from the college.
10. Per Contra, the submissions of the learned counsel for
the students/parents, briefly stated are as under:
● The Supreme Court having already considered the effect of the
settlements entered into between the students and the college in
the orders passed in the SLP's aforementioned, it is not open to
the KMC to now contend that the said settlements preclude the
ASC from considering the evidence now produced by the students
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 44 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
to substantiate their contention as regards the amounts actually
collected from them by the college.
● As regards the affidavits filed by the students with the college at
the time of seeking the benefit of regularization of their
admission in terms of the ordinance, it is stated that the said
affidavits were also obtained by the college through coercion as is
apparent from the fact that the affidavits collected from all the
students are identical in their wording and they were collected
notwithstanding that the college had no role to play in the
regularization process envisaged under the ordinance. It is
emphasized that the documents, including stamp papers and
affidavits, submitted to the college have to be seen in the
backdrop of the factual circumstances that prevailed at the time
of such submission and when so viewed they have to be seen as
submitted under coercion. Accordingly, the finding of the
Supreme Court with regard to the settlements entered into with
the college will apply with equal vigour to the said
affidavits/undertakings as well.
● As regards the analysis of evidence by the ASC it is pointed out
that inasmuch as the subject matter of adjudication was such that
there would be no direct documentary evidence available, the
ASC could not be faulted for relying on circumstantial evidence
that pointed to a reasonable likelihood of payments being made
by the student/parent. The evidence adduced by the students
cannot be brushed aside citing technical rules of evidence. The
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 45 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
balance of probability in the instant cases lay in the view that the
payments had in fact been made by the student to the college.
11. The submissions of Smt.Mary Benjamin, the learned
Standing counsel for the ASC, are as follows:
● The reliance by the learned counsel for KMC on the
affidavits/undertakings signed by the students, in connection
with the requirements stipulated in the Ordinance passed by the
State Government for regularizing their admissions in the
college, is misplaced. It is argued that, on account of certain
students having approached the ASC with claims for refund of
fees collected by the college, the college was well aware that it
would be met with similar claims for refund of fees if the
admissions stood cancelled and their insistence for an
affidavit/undertaking from the students concerned, declaring that
the latter had not paid any amounts by way of capitation etc to
the college, had to be viewed as motivated and deliberate.
● It is contended that inasmuch as the Supreme Court had frowned
upon the settlements allegedly entered into between the college
and the students, whereby the students had received various
amounts from the college, apparently in full and final settlement
of all their claims against the college, the same yardstick had to
be applied while considering the evidentiary value of the
affidavits/undertakings filed by the students while seeking the
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 46 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
benefit of the Ordinance as well. This was more so because a
perusal of the affidavits/undertakings given by the students
reveal that the affidavits/undertakings are almost identical in
their wording, thereby suggesting that their contents were as
dictated by the college.
● It is further pointed out that the college had not taken a plea with
regard to the above affidavits/undertakings given by the students
at any stage during the previous rounds of litigation when the
issue that was being considered by the courts, in connection with
the entitlement of the college for continued affiliation, was
whether the college had collected amounts in excess of the fee
amounts from its students. It is contended that to allow the
college to raise such a contention now would amount to ignoring
the principle of constructive res judicata.
● With specific reference to the award of compensation, over and
above that stipulated by the Supreme Court in its orders dated
29.08.2018 and 04.10.2018, it is pointed out that the case of Riya
George, that was relied upon by the ASC in the impugned
orders, has since undergone modification since the compensation
awarded by the ASC in the said case was set aside by a division
bench of this court and the student in question has since
approached the Supreme Court by filing a fresh SLP. It is stated
that while notice has been ordered in the said SLP, the operation
of the judgment of this court has not been stayed.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 47 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
12. On a consideration of the rival submissions, and
before we consider the individual writ petitions on their merits, we
deem it apposite to make the following general observations with
regard to the merits of the arguments advanced by the learned counsel
in respect of the issues adjudicated by the ASC:
a. While it is the vehement submission of the learned counsel for the
KMC that it was not open to the ASC, in the fresh adjudication
exercise pursuant to the remand of the various cases by the
Supreme Court for this purpose, to ignore the settlement entered
into between the college and the students, apparently in full and
final settlement of all the claims of the latter against the former,
we are not inclined to accept the same. We cannot ignore the fact
that the directions of the Supreme Court in the judgment dated
18.02.2021 in Civil Appeal No.596 of 2021 and connected
cases - Lalitha R Nath & Ors. v. Kannur Medical College
and Ors., was rendered in an appeal filed against a Division
Bench judgment of this court dated 22.11.2019 that found that, in
those cases where there had been a settlement entered into
between the college and the student, the ASC was not justified in
issuing notices and re-opening the issue of whether or not the
student had paid amounts over and in addition to the prescribed
fee to the college. The Division Bench had found that in matters
that had been settled as above, the ASC could not issue fresh
notices to the students to adduce evidence as regards the
amounts actually paid by them to the college. It was this
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 48 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
judgment of the Division Bench that was set aside by the
Supreme Court through its judgment dated 18.02.2021 where the
court further observed as follows in paragraphs 21 and 22:
"21. The impugned order dated 22nd November, 2019 quashing the
re-opening notices issued by the ASC in the case of 92 students for
several reasons is liable to be set aside. The said 92 students were
not made parties to the writ petition preferred by KMC before the
High Court and were not heard on the stand and stance with regard
to receipts or No Dues Certificates signed by them. This Court in its
order dated 4th October, 2018 had referred to the report of the ASC
inter alia recording that KMC had collected different amounts
ranging from Rs.35 lakhs to Rs.1 crore from most of the 150
students. The report referred to one particular case of Ms. Rehna
Banu who had paid Rs.35 lakhs for admission. The report also
noticed that the tuition fee to be paid was regulated by the Fee
Regulatory Committee, albeit the students had paid different
amounts in addition to the tuition fee for securing admission.
Accordingly, on account of the seriously disputed facts, this Court
had directed that these aspects would be examined by the ASC.
Liberty was given to the guardians/ students to place relevant
material before the ASC. This Court did not consider it appropriate
to conduct a factual inquiry into the disputed facts on the aspect of
total amount paid and adequacy of the refund. The Division Bench
of the High Court, by allowing the writ petition filed by KMC and by
quashing the notices issued by the ASC to 92 students, has virtually
made this Court's order dated 4th October, 2018, a dead letter in the
case of those 92 students. In the aforementioned case of Riya
George, a Division Bench of this Court had dealt with an identical
controversy - as in its defence, KMC had relied on the No Dues
Certificate, along with the application and affidavit of the father of
Riya George withdrawing all claims in lieu of payment of Rs.20 lacs,
and the order of the Chairperson of the Admission Fee Regulatory
Committee allowing withdrawal of the complaint. The court also
lamented failure of Riya George to make fair and candid disclosure
of full facts in the writ petition. In spite of observing that there were
sufficient indications to hold that Riya George/ her father had
knowledge of what had transpired, the judges took notice of the
contention that the claim was withdrawn under duress, since the
petitioner therein required refund of fee as she had taken admission
elsewhere. Referring to the two orders dated 29th August, 2018 and
4th October, 2018, it was held that it would be inappropriate for this
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 49 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
court to compute damages. Accordingly, given that the ASC had
already issued notice to examine facts, it was held:
"27. There can be no manner of doubt that the petitioner
is entitled to be compensated for the loss of a valuable
year which was occasioned by the misdemeanours of the
first respondent. A student who has been deprived of a
valuable year in pursuing her studies, cannot be left in the
lurch. It is in this background, that the explanation that
the complaints made by the father of the petitioner were
withdrawn only because there was an urgent need to
obtain a refund of the fee, to enable the petitioner to
secure admission to the Amrita Institute of Medical
Sciences must be understood. Middle class parents do not
have the luxury of resources. We must form a robust
understanding of the circumstances in which the father of
the petitioner withdrew his complaint. The Committee has
in fact recorded a finding of fact that the withdrawal was
not voluntary and was occasioned by the serious
impediment in receiving a refund of fees. Hence, the
petitioner would be entitled to the benefit of the principle
which was formulated in the orders of this Court dated 29
August 2018 and 4 October 2018. Since the issue has been
remitted back to the Committee by a coordinate bench,
following the norm of judicial discipline, we are inclined to
follow the same course of action.
28. In order not to prejudice the case of the petitioner, we
leave it open to her to pursue her claim before the
Committee. The petitioner would be at liberty to pursue
her claim before the Committee in terms of Clause 1 of the
order dated 29 August 2018 passed by this Court as
clarified by the subsequent order dated 4 October 2018.
We request the Admissions Committee to take a decision
expeditiously and within a period of three months of the
receipt of a certified copy of this judgment. All the rights
and contentions of the parties are kept open."
22. The impugned order dated 22nd November, 2019 does not refer
to or examine the order dated 21st February, 2019 passed by this
Court in the case of Riya George. This apart, it was accepted
during the course of arguments before us that KMC has paid a total
amount of Rs.38,35,63,000/- to the guardians/students.
Rs.36,09,87,000/- has been paid to the guardians/students for
refund of the actual tuition fee and other amounts which were
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 50 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
admittedly paid. These payments were made on or before 4 th
October, 2018, i.e. the date on which the second order was passed
by this Court with the observations that there is a factual dispute as
to the total amount paid by the students to KMC. After 4 th October,
2018, KMC has, in its affidavit filed on or about 3rd February, 2021,
accepted that it had remitted an amount of Rs.2,25,76,000/- to the
students who had settled their disputes before the ASC. These
payments have been made through demand drafts. It is also
accepted that KMC is still to make payment of Rs.15,72,89,020/-
which is an undisputed figure payable to guardians/students as per
the amount determined by the High Court or ASC. This is the final
and undisputed figure as it refers to the amount payable to about 55
students in terms of the orders passed by the High Court and the
ASC, which direction and computation has not been challenged by
the KMC before this Court or before the High Court."
In the light of the above observations by the Supreme Court, we
feel that merely because the students had entered into
settlements with the college while seeking a refund of the
amounts paid by them, they could not have been prevented from
adducing evidence to prove the actual amounts paid by them to
the college, and working out their consequential entitlements
based on the formula stipulated by the Supreme Court through
its orders dated 29.08.2018 and 04.10.2018. The submissions of
the learned counsel for the KMC to the contrary deserve to be
rejected and we do so.
b. During the course of the hearing, we did entertain a doubt as to
whether the affidavits/undertakings that were given by the
students while seeking the benefit of the Ordinance [The Kerala
Professional Colleges (Regularisation of Admission in Medical
Colleges) Ordinance, 2017] that was in force, where under they
stood to obtain the benefit of a regularization of their admissions
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 51 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
on their satisfying certain conditions, could be treated at par with
the settlements entered into between the students and the
college at the time of seeking a refund of the amounts due to
them. We felt that inasmuch as the former case was one where
the student stood to gain the benefit of regularisation of his/her
admission under the ordinance, an affidavit/undertaking filed by
the student could not be seen as one that was coerced by the
college. On a closer reading of the provisions of the Ordinance,
however, we find that the benefits envisaged thereunder were for
both the college and the student concerned. This is apparent
from a conjoint reading of clauses 2 to 5 of the Ordinance which
read as follows:
"xxxxxxxxxxxxxxxxxxx xxxxxxxxxx xxxxxxxxxxxxxxxxxxx
2. Regularisation of admission in medical colleges.-
Notwithstanding anything contained in the Kerala Professional
Colleges or Institutions (Prohibition of Capitation Fee,
Regulation of Admission, Fixation of Non-exploitative Fee and
other measures to ensure equity and excellence in Professional
Education) Act, 2006 (19 of 2006) or in any judgment, decree,
order or any proceedings of any court or the Admission
Supervisory Committee constituted under section 4 of the said
Act or any other authority or in any agreement or instrument
made under any law for the time being in force, it shall be
lawful for the Government to regularise the admission of
candidates who were qualified for admission in the discipline of
medicine in any medical college in the State during the
academic year 2016- 17, but their admission was cancelled by
any court or Admission Supervisory Committee, irrespective of
the mode of submission of application and the non-production of
any material before the Admission Supervisory Committee,
subject to such terms and conditions as the Government may
deem fit:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 52 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Provided that such admission shall not be
regularised unless such candidate has duly attended the course
during the said academic year.
3. Procedure for regularisation.- (1) The managements of the
medical colleges who have admitted candidates as specified in
section 2 to the discipline of medicine in any medical college
and their admission was cancelled, may, within fifteen days from
the date of commencement of this Ordinance, apply for
regularisation of such admission. (emphasis supplied)
(2) Every application for regularisation of admission
under this Ordinance shall be submitted to the Government
through the University concerned and the University shall,
within seven days of receipt of such application, forward the
same to the Government with a report containing its remarks on
the following matters, namely: -
(i) whether the student who got admission is qualified
and is eligible as per the rank list prepared on the basis of the
National Eligibility cum Entrance Test, for admission in the
discipline of medicine as per laws and orders in force applicable
for the academic year 2016-17;
(ii) whether the students as mentioned in the application
has duly attended the course during the academic year 2016-17;
(iii) whether the student is otherwise eligible to continue
the course.
(3) An officer not below the rank of a Secretary to Government,
as may be authorised by the Government by special order in this
behalf, shall be the Competent Authority to consider an
application under this Ordinance. The Competent Authority
shall have the power to summon any person or to call for any
document for the proper disposal of such application.
(4) On receipt of an application for regularisation under this
section, the Government shall call for a report on it from the
Director of Medical Education and after hearing the applicant
and the respondents or any other person concerned, if
necessary, consider the application and pass orders on it,
including order for payment of the regularisation fee payable
under this Ordinance.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 53 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
(5) Where the application is sanctioned by the Government, a
direction in this respect shall be issued to the University
concerned and notwithstanding anything contained in any
University Act or any statute or Ordinance made thereunder or
in any other law for the time being in force, the University shall
issue orders necessary for the enrolment of such students in the
University and thereafter such students shall be considered as
regular students of the discipline of medicine under the
University with effect from the academic year 2016-17 till the
completion of their course in the discipline.
Explanation. - For the purposes of this section, "University Act"
means an Act establishing a University, passed by the State
Legislature.
4. Matters for consideration of the Competent Authority. - While
considering an application for regularisation received under
Ordinance, the Competent Authority shall, -
(i) consider whether the student who got admission is
qualified and is eligible as per the rank list prepared on the
basis of the National Eligibility cum Entrance Test, for
admission in the discipline of medicine as per laws and orders in
force applicable for the academic year 2016-17;
(ii) confirm that no student is continuing in the college in
violation of any other law for the time being in force;
(iii) not consider the mode of application submitted by
the students;
(iv) not consider the non-production of any document or
any material before the Admission Supervisory Committee;
(v) ensure that no capitation fee was collected by the
management;
(vi) ensure that there was no profiteering by the
management.
(emphasis
supplied)
5. Payment of regularisation fee: - (1) Where the Government
sanctions an application for regularisation of admission under
this Ordinance, the management of such medical college shall
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 54 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
be liable to pay a regularisation fee of three lakh rupees per
student for such regularisation:
Provided that where any management collects
such fee from any student, such management shall be liable to
pay a fine of six lakh rupees per student.
(emphasis supplied)
xxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxx"
It is clear from the scheme of the above provisions that the
management stood to gain considerably from obtaining
affidavits/undertakings from the students that no capitation fee
was collected by the management. It is also significant that the
above Ordinance was eventually struck down by the Supreme
Court in Medical Council of India v. State of Kerala & Ors. -
[2018 (4) KLT 297 (SC)] as beyond the legislative competence
of the State. We would be justified, in such circumstances, to
treat the affidavits and undertakings filed by the students in
connection with an ordinance that has since been declared
unconstitutional and void, as unreliable in any adjudication
proceedings undertaken to determine the actual amounts paid by
a student to the college concerned. The reasons that prompted
the Supreme Court to ignore the settlements entered into
between the college and the students while remanding the
matters for fresh adjudication must apply with equal force in
relation to the affidavits/undertakings given by the students in
connection with the aforesaid ordinance. The arguments to the
contrary by the learned counsel for KMC are hence rejected.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 55 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
c. As regards the issue of compensation based on the observations
of the Supreme Court in its order dated 21.02.2019 in the case of
Riya George v. Kannur Medical College - W.P (C).No.1247
of 2018, it would be apposite to extract the relevant portion of
the said judgment. It reads as follows:
" 24. While moving a writ petition before this Court, the petitioner ought
to have made a full, fair and candid disclosure of all facts. The fact that
while seeking a refund of the fees paid to the first respondent, the
father of the petitioner had executed several documents by which he
had unconditionally withdrawn the claim, was certainly a material
circumstance which ought to have been disclosed before this Court.
Learned counsel for the petitioner submits that facts pertaining to the
withdrawal of the claim, including the documents which were executed
by her father, were unknown to both her and her father. She submitted
that these documents were obtained by the first respondent when the
fee was refunded. It is not possible to accept this contention. The
execution of the documents is not in dispute. That apart, the petitioner
has annexed a copy of the review order passed by the Committee.
There is sufficient indication in the order to lead the petitioner to a
knowledge of what had transpired earlier. Despite this, a full statement
of facts has not been made. Learned counsel appearing on behalf of the
petitioner submits that the claim was withdrawn under duress, since
the petitioner was required to obtain a refund of fees, having secured
admission to the Amrita Institute of Medical Sciences. In order to
enable the Court to consider the plea of duress, it was the bounden
duty and obligation of the petitioner to disclose a full and complete
statement of facts. This has not been done.
25. Ordinarily, this should result in the dismissal of the writ petition
under Article 32 of the Constitution. However, justice to the petitioner
should not become a victim of the prestige of this Court. In deciding
not to dismiss the petition, we have borne in mind the fact that the
Admission and Fee Regulatory Committee has issued a notice to the
petitioner on 28 November 2018, fixing a hearing for the purpose of
deciding upon her claim, amongst the claims of other students. The
Committee, in its review order dated 29 May 2018 has already
adverted to this aspect, which we have extracted earlier.
26. There is another reason why we are of the opinion that it would be
inappropriate for this Court to quantify damages in the present
proceedings. As we have noted earlier, another two Judge Bench of this
Court issued directions by consent on 29 August 2018 requiring the
first respondent to deposit "double the amount" of "the fees deposited
by each one of 150 students" with the college. This batch of 150
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 56 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
students includes the petitioner. Technically, it is true that the
petitioner was not a party to the earlier proceedings and that the order
dated 29 August 2018 is a consent order. However, any determination
by this Court in the present proceedings of the quantum of damages
payable to the petitioner would be contrary to the underlying purpose
and object of the order passed by the coordinate bench. In the order
dated 29 August 2018, the two Judge Bench laid down the principle -
refund of double the amount of the fee - but left the exact
quantification of the amount in each case to be determined by the
Committee. Quantification of damages in monetary terms in the
present writ petition will have a bearing on the pending proceedings
before the Committee. That proceeding covers the entire batch of 150
students. Moreover, in pursuance of the order, the petitioner has
received a notice from the Committee to appear in support of her
claim.
27. There can be no manner of doubt that the petitioner is entitled to
be compensated for the loss of a valuable year which was occasioned
by the misdemeanors of the first respondent. A student who has been
deprived of a valuable year in pursuing her studies, cannot be left in
the lurch. It is in this background, that the explanation that the
complaints made by the father of the petitioner were withdrawn only
because there was an urgent need to obtain a refund of the fee, to
enable the petitioner to secure admission to the Amrita Institute of
Medical Sciences must be understood. Middle class parents do not
have the luxury of resources. We must form a robust understanding of
the circumstances in which the father of the petitioner withdrew his
complaint. The Committee has in fact recorded a finding of fact that
the withdrawal was not voluntary and was occasioned by the serious
impediment in receiving a refund of fees. Hence, the petitioner would
be entitled to the benefit of the principle which was formulated in the
orders of this Court dated 29 August 2018 and 4 October 2018. Since
the issue has been remitted back to the Committee by a coordinate
bench, following the norm of judicial discipline, we are inclined to
follow the same course of action.
28. In order not to prejudice the case of the petitioner, we leave it open
to her to pursue her claim before the Committee. The petitioner would
be at liberty to pursue her claim before the Committee in terms of
Clause 1 of the order dated 29 August 2018 passed by this Court as
clarified by the subsequent order dated 4 October 2018. We request
the Admissions Committee to take a decision expeditiously and within a
period of three months of the receipt of a certified copy of this
judgment. All the rights and contentions of the parties are kept open."
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 57 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
13. It is apparent from a reading of the above that the
court remanded the matter to the ASC to consider the issue of
compensation based on the principles adopted in the orders dated
29.08.2018 and 04.10.2018 of the Supreme Court. As already noted,
the said orders directed the ASC to determine the refund amount due
to the students by taking the applicable fee amount and adding thereto
an amount equal to double the amount other than fee collected from
the student. In our view, the payment of the latter amount ie. double of
the amount other than fee, was with a view to compensate the student
for the loss of a valuable year of his/her studies. In other words, while
the student concerned was held entitled to a return of the fee amount
paid, he/she was also entitled to double of the amount other than fee
paid, by way of compensation, pursuant to a determination by the ASC
of the actual amount, other than fee, that was paid by the student to
the college. We are therefore not inclined to accept the contention
raised by some of the learned counsel who appeared for the students
that, based on the observations in Riya George (Supra), they are
entitled to amounts over and above the amounts determined through
the application of the formula enunciated in the orders of the Supreme
Court referred above, towards additional compensation. We are of the
firm view that while the observations of the court in Riya George
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 58 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
(Supra) were intended to see that students who lost a year of their
study were to be suitably compensated, they were certainly not
intended to confer on the students any right to claim unreasonable
amounts by way of compensation and thereby unjustly enrich
themselves. We are constrained to hold so because we find that some
of the students, who have filed writ petitions before us impugning the
order of the ASC that partly allowed their claims based on the orders
of the Supreme Court referred above, have insisted on payments by the
college, of amounts varying from 2 Crores to 6 Crores, towards
compensation. Some of those students have also not established that
they paid any amount other than the fees to the college.
14. In the backdrop of the general observations made as
(a), (b) and (c) above, we proceed to dispose the individual writ
petitions after categorising them into three groups as follows:
GROUP A
In these group of cases the college had repaid the exact
amounts which they had collected from the students as part of the
settlement and such amounts given to the similarly situated students
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 59 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
vary from case to case. It is relevant to note that all the students had
been paid the respective amount claimed by them. There cannot be any
reason or rationale for the college to adopt such a stand and that too in
deviation of its own formula, which according to them was mistakenly
made, namely, paying double the fee amount. These payments made to
the students representing different figures according to us is a clear
admission/acknowledgment of the amounts received from the
respective students, as it is seen in all these cases that the amount
claimed has been settled by refunding the exact amount in each of the
above cases. In such circumstances, in these group of cases we have no
hesitation to hold that the amounts paid other than the fee has been
admitted by the college itself by making the refund of the same
amount. The students are entitled to get the fee amount and double the
amount paid by them over and above the fee. The Admission
Supervisory Committee had accordingly arrived at the figure to be
doubled along with the payment of fee and has calculated the final
amount payable after adjusting the amount repaid to each of the
students of this group. The college has contended in all these cases
they have not collected any amount other than fee. If this contention
was true, there was no requirement at all for the college to pay the
student the exact amounts claimed by them as part of settlement.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 60 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
(1). In WP(C).No.12737 of 2021 the ASC after adjudicating the
claim of the student which amounted to Rs.47.17 lakh applying the
formula directed by the Supreme Court and held that the amount
payable is Rs.11.65 lakh + (35,52,000 x 2=71,04,000/-), which works
out to Rs.82,69,000/- Since the college has paid the exact amount
claimed by the student, the balance payable by the college to the
student is Rs.35,52,000/-. The ASC has ordered this amount and no
interference is warranted at our hands in judicial review of the said
decision.
(2). W.P(C)No.17592 of 2021:
In this case the claim on behalf of the student was Rs.52.17
lakh paid at the time of the admission. It is seen as noted above, in this
case also the college refunded an exact amount of Rs.52.17 lakh as
part of the settlement. Although the ASC has considered the evidence
on record since the college has paid exactly the same amount, we deem
it fit to hold that the amounts paid over and above the fee represents
the amount which is to be payable and paid to the students, the ASC
has calculated the amount as Rs.11.65 lakh + (40,52,000 x 2
=81,04,000/-), totalling an amount of Rs.92,69,000/-. Since the college
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 61 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
had repaid a total amount of Rs.52.17 lakh the balance amount payable
by the college to the student is Rs.40,52,000/-, which is the amount
directed to be paid. No interference is warranted in the light of the
finding we rendered with respect to these groups of cases earlier. The
above writ petition is accordingly dismissed.
(3). WP(C)No.30618 of 2021:
In this case the student claimed an amount of Rs.47.17 lakh
and the college had repaid an amount of Rs.47.17 lakh as part of the
settlement. Accordingly, the amount payable is Rs.11.65 lakh
+(3,55,200 x 2 = 71,04,000/- and the total amount payable works out
to Rs.82,69,000/-, out of which the college had repaid an amount of
Rs.47.17 lakh, leaving a balance of Rs.35,52,000/-. The ASC has
ordered this amount to be paid and we find no illegality in the said
decision. The above writ petition is accordingly dismissed.
(4). W.P(C).No.30663 of 2021:
In this case the student claimed an amount of Rs.41.17 lakh.
On going through the calculation directed by the Supreme Court, the
total amount payable is Rs.11.65 lakh + (29,52,000 x 2 = 59,04,000)
totalling to Rs.70,69,000/-, out of which the college had repaid an
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 62 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
amount of Rs.41.17 lakh, leaving the balance payable by the college at
Rs.29,52,000/- and this has been correctly arrived at by the ASC. No
interference is warranted in this case as well. The above writ petition
is accordingly dismissed.
(5) . WP(C)No.30491 of 2021:
In this case the claim on behalf of the student was Rs.37.17
lakh paid at the time of the admission. The college had repaid an
amount of Rs.37.17 lakh as part of the settlement. In view of the
findings we rendered on this type of cases where exact amount claimed
by the student has been repaid by the college, we take the amount paid
other than the fee and which had to be paid as per the direction of the
Supreme Court as virtually admitted by the college. Accordingly, the
amount payable by the college as per the directions of the Supreme
Court is Rs.11.65 lakh +(25,52,000 x 2 = 51,04,000/-) and thus total
amount payable is Rs.62,69,000/- Since the college had repaid an
amount of Rs.37.17 lakh as aforesaid, the balance payable by the
college to the complainant is Rs.25,52,000/-. In the light of the above
and on the basis of the reasons which we have already given, no
interference is warranted to the orders of the ASC in the light of the
finding we rendered with respect to these groups of cases earlier. The
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 63 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
above writ petition is accordingly dismissed.
(6) WP(C)No.6200 of 2022:
In this case the claim on behalf of the student was Rs.32.17
lakh. The ASC found after appreciating the evidence both oral and
documentary, held that PW1 had established that an amount of
Rs.32.17 lakh was paid at the time of the admission and there was
nothing to discredit the same. Thus the evidence let in on behalf of the
complainant was accepted. This is also a case that college had repaid
the exact amount of Rs.32.17 lakh. Taking into consideration the
evidence of this case as well as the findings rendered above on the
similar type of cases, the amount payable is Rs.11.65 lakh +(20,52,000
x 2 = 41,04,000/-), totalling an amount of Rs.52,69,000/-. Since the
college had repaid an amount of Rs.32.17 lakh as aforesaid, the
balance payable amount by the college to the complainant is
Rs.20,52,000/-. No interference at all is warranted to the orders of the
ASC. We confirm the ASC order and dismiss the writ petition filed by
the college.
(7). WP(C)No.14970 of 2021:
The claim on behalf of the student in this case was Rs.34.30
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 64 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
lakh. The statement of accounts issued from the Bank was discussed in
detail in paragraphs 10 to 13 by the ASC to arrive at a finding that the
complainant had paid an amount of Rs.34.30 lakh at the time of
admission of his son. The Committee after noting that an amount of
Rs.34.30 lakh was paid to the complainant on the basis of the formula
directed by the Supreme Court as 11.65 lakh + (22,85,000 x 2 =
45,70,000/-) totalling to Rs.57,35,000/-. Since the college had repaid an
exact amount of Rs.34.50 lakh, the balance amount payable was
calculated at Rs.22,85,000/-. This adjudication according to us is
correctly made. It calls for no interference and the writ petition
challenging the order of the ASC is accordingly dismissed.
(8). WP(C)No.30222 of 2021:
In this case the claim of the student was Rs.52.17 lakh. It is
seen that the same amount has been repaid by the college as part of
the settlement. Applying the formula directed by the Supreme Court,
the student/candidate is entitled to get an amount of Rs.19.65 lakh
(since the student is one admitted under the NRI quota and the tuition
fee and the hostel fee added together comes Rs.19.65 lakh) the
calculation works to 19.65 lakh + (32,52,000 x 2 = 65,04,000/-). Thus
the total amount payable is Rs.84,69,000/-, out of which the college
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 65 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
had repaid an amount of Rs.52.17 lakh leaving behind a balance of
Rs.32,52,000/- which was directed to be paid by the ASC to the
student. No interference is warranted for the common reason set out
above with respect to these group of cases. The above writ petition is
accordingly dismissed.
GROUP B
These are all cases where the complaints on behalf of the
students were raised claiming different amounts and the college had
refunded an amount of Rs.23.30 lakh each on their mistaken notion
wrongly interpreting the directions of the Supreme Court. The ASC had
found that the claim of the students were backed by acceptable
evidence. In these group of cases, after perusing the records and
hearing the learned counsel on either side, we hold that the ASC was
right in appreciating the evidence adduced both oral and documentary
and the calculations made were also in tune with the directions issued
by the Supreme Court. No interference is warranted in any of the
cases in group B.
(1). W.P(C).No.13520 of 2020:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 66 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
In this case the complainant made a claim of Rs.23.50 lakh.
The college had refunded an amount of Rs.23.30 lakh. This amount of
Rs.23.30 lakh, according to the college was made on a mistaken
impression that double the fee payable is to be refunded. The college
filed an objection in this case stating that the student had only paid
Rs.10 lakh and that they had already refunded Rs.23.30 lakh
misreading the directions of the supreme court. The ASC after
appreciating the evidence on record, came to a conclusion that the
available evidence and circumstances clearly established payment of
Rs.23.30 lakh as the said amounts were raised by the complainant and
the wife for getting admission of their daughter. The Committee on the
basis of the said finding calculated the amounts payable as per the
formula directed by the Supreme Court as Rs.11.65 lakh + (11,85,000
x 2 = 23,70,000) totalling at Rs.35,35,000/-. Since the college had
repaid an amount of Rs.23.30 lakh, the balance payable by the college
to the complainant is Rs.12,05,000/-. We do not find any reason to
interfere with the order of the ASC in this case, as the evidence
adduced has been considered in the right perspective.
(2). W.P(C).No.13549 of 2021:
In this case the complainant paid an amount of Rs.21.65 lakh.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 67 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
He had produced proof of payments received from KSFE towards the
prized Chitty money which was deposited in the Bank. Amounts were
also taken from close relatives, as considered by the ASC at
paragraphs 8 to 10. A detailed examination of the evidence adduced
for proving payment of the claim amount was considered by the
Tribunal and accordingly it was found by the ASC that there was no
material to discard the evidence let in. We do not find any error in the
appreciation of evidence by the ASC. The amounts payable by the
college calculated as Rs.11.65 lakh + (10,00,000 x 2 = 20,00,000/-),
thus totalling to Rs.31.65 lakh. Since the college had already paid
Rs.23.30 lakh after the orders of the Supreme Court, the balance
payable by the college to the complainant/student was calculated as
Rs.8,85,000/-. This is perfectly in consonance with the directions of the
Supreme Court and taking into account all the relevant materials. In
such circumstances, no interference at all is warranted with the order
of the ASC. The above writ petition is accordingly dismissed.
(3) . W.P(C).No.12615 of 2021:
In this case the complainant claimed an amount of Rs.23.65
lakh. Proof was adduced producing the statement of accounts issued
from the Bank. The complainant and his wife were Class 1 Officers
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 68 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
serving the Government. After considering the entire evidence and
circumstances, it is found by the ASC that CW1 and his wife did raise
an amount of Rs.23.65 lakh at the relevant time. Nothing is brought to
our notice to discredit the claim of the complainant and appreciation of
evidence in this case by the ASC warrants no interference. The College
has mistakenly paid Rs.23.30 lakh wrongly interpreting the direction
of the Supreme Court .The Committee found that the candidate is
entitled to get Rs.11.65 lakh +(12,00,000 x 2 = 24,00,000/-) thus
totalling an amount of Rs.35,65,000/-, from which the college had
repaid an amount of Rs.23.30 lakh pursuant to the order of the
Supreme Court as aforesaid, the balance payable by the college
therefore, works out to Rs.12,35,000/- and the same has been directed
by the ASC to be paid to the complainant. We find nothing wrong with
the order of the ASC. Accordingly, the above writ petition is dismissed.
(4) W.P(C).No.30209 of 2021:
In this case the complainant while making a claim that he
paid Rs.22 lakh towards advance and Rs.1.17 lakh towards hostel fee.
While making this claim the complainant claimed he had obtained a
loan of Rs.15 lakh from the bank and had also obtained Rs.10 lakh from
his brother and also balance amount from close relatives. The ASC
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 69 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
considered the evidence viz., the statement of accounts produced and
had considered the entire evidence in the correct perspective, as is
seen from paragraphs 6 to 12. Though the college had found that at the
time of admission only Rs.10 lakh as tuition fee and 1.65 lakh as hostel
fee was paid, the said contention was rightly repelled by the ASC for
want of any acceptable proof. Thus, on a consideration of the entire
evidence and circumstances it was concluded by the ASC that Rs.23.17
lakh was paid on behalf of the student by the complainant rejecting the
contention of the college that only an amount of 11.65 lakh was paid.
Accordingly, the amount payable was worked out by the Committee as
Rs.11.65 lakh + (11,52,000 x 2 = 23,04,000/-) totalling an amount of
Rs.34,69,000/- . The college had repaid an amount of Rs.23.30 lakh
which was mistakenly calculated and thus the balance amount payable
was Rs.11,39,000/-, Since this finding is arrived after evaluating the
entire evidence on record and since nothing is brought out to interfere
with the findings so arrived , we find no reason to interfere with the
orders of the ASC. The above writ petition is accordingly dismissed.
(5). WP(C)No.2111 of 2022:
The student in this case claimed an amount of Rs.47.17 lakh.
The college contended that the student had paid only Rs.10 lakh
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 70 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
towards tuition fee and Rs.1.65 lakh towards hostel fee. It is also stated
that on their mistaken notion they had refunded Rs.33.30 lakhs. The
college further submitted that another amount of Rs.20.93 lakh was
paid as part of the settlement over and above Rs.23.3 lakh paid earlier.
The Committee found that the contention of the college cannot be
accepted for if, as a matter of fact, the student had only paid Rs.11.65
lakh and an amount of Rs.23.30 lakh was refunded by the college,
there was no need for payment of any further amount as part of
settlement. The ASC also found that the certificate issued from the Co-
operative Bank proved that the father of the student had withdrawn an
amount of Rs.45 lakh by closing five FDs on 31.08.2016. Withdrawal of
Rs.4.90 lakh from the Axis Bank was also proved. In that view of the
matter the Committee found that the evidence let in clearly
established the payment of Rs.47.17 lakh at the time of admission. The
Committee accordingly directed an amount of Rs 11.65 + (35,52 lakh x
2 = 71.4 lakh) making a total of Rs.82,69,000/-, out of which the
college had repaid an amount of Rs.44.23 lakh, leaving a balance of
Rs.38.46 lakh, we do not think that there is any error committed by the
ASC in arriving at the figure. No interference is warranted, the above
writ petition is dismissed.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 71 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
(6). WP(C)No.13301 of 2020:
In this case, the complainant claimed that Rs.40 lakh was
paid to the college at the time of admission of his daughter. The ASC
clearly found by its finding rendered at paragraphs 9 and 10 that the
complainant had taken a loan of Rs.40 lakh from the ICICI Bank and
also examined the further payments withdrawn from the Bank and
entered a finding that a businessman cum planter like the complainant
was capable of raising Rs.40 lakh and thus the finding of the
Committee is supported by evidence on record. We in exercising a
judicial review of the said order, as distinct from an appellate
jurisdiction, cannot interfere with the order of the ASC when it relies
on acceptable evidence placed before it. No ground vitiating the order
has been pointed out to us. The college had repaid an amount of
Rs.38.06 lakh. As per the formula laid down by the Supreme Court
since the student took admission under the NRI quota, we feel the fee
paid initially was Rs.19.65 lakh and the amount paid over and above
the fee being Rs.19.65 lakh, double of that comes to Rs.40,70,000/-
(20.35 lakh x 2 = 40.70 lakh), thus making a total amount payable at
Rs.60,35,000/-. Deducting the amount of Rs.38.06 lakh paid by the
college, the balance payable is Rs.22,29,000/- and this is the amount
directed by the ASC to be paid to the complainant. We find absolutely
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 72 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
no reason to interfere with the order of the ASC in the facts stated
above, and therefore, we confirm the order of the ASC. Accordingly, the
above writ petition is dismissed.
(6.1). WP(C)No.25082 of 2021:
The above case is filed by the respondent in
W.P(C).No.13301 of 2020 in whose favour the ASC passed the order,
seeking implementation of the said order. Since we have already
dismissed the writ petition filed by the college against the very same
order, the above writ petition seeking implementation of the said order
of the ASC is only to be allowed. Accordingly, we direct the ASC to
release the amounts due to the petitioner within a period of one month
from today. The writ petition is allowed as above.
GROUP C
In these claims, acceptable evidence was lacking with
respect to the entire amounts claimed. The ASC had on the basis of
surmises entered into the findings accepting the total claim of the
student. Having perused the findings of the ASC, in cases where
acceptable evidence was lacking we have interfered with that portion
of the claim and arrived at the figures in tune with the directions of the
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 73 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Supreme Court. However, in cases where the student has been paid
more amount than what is due under the orders of the Supreme Court,
we have directed the college to refrain from seeking any refund from
the students, taking into account the peculiar facts and circumstance
of these cases.
(1). W.P(C).No.11696 of 2021:
In this case the claim on behalf of the student is that they had
paid an amount of Rs.22.65 lakh to the college. The ASC after
appreciating the evidence adduced on the side of the student found
that there was a payment of Rs.22.65 lakh and by doing so it accepted
the contention on behalf of the student that the father of the student
was a partner of M/s.Mohammed and Associates and it was the further
contention that his wife has also a partner in the firm. It was also
contended that the day deposit statement from the Kannur Town
Service Co-operative Bank in the name of his wife and mother-in-law
would show that deposits were encashed. On consideration of the
entire evidence on record, we note that there is acceptable evidence
only for a payment of Rs.15 lakh. The acceptance of the other evidence
sought to be tendered by the complainant was not legal as the ASC has
erred in accepting the entire claim of the complainant. We also find
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 74 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
force in the contention on behalf of the college that in spite of the
college denying that the documents evidencing the alleged transaction
were not genuine, no proof was adduced on the side of the complainant
to prove the payments made by the firm by giving corroborative
evidence. At the most the additional amount paid over and above the
fee can only be taken as Rs.3.35 lakh thus, the claim has to reworked
to be Rs.11.65 lakh + (3.35 lakh x 2 = 6.70 lakh), thus totalling an
amount of Rs.18.35 lakh. The college had already repaid an amount of
Rs.23.30 lakh by a mistaken notion. In the light of the above we hold
that Ext.P13 is liable to be interfered with and direction to the college
to make a further amount of Rs.11.65 lakh is wrong and it is set aside.
It is declared that no further amounts are payable to the student.
However, we note that the college will not be entitled to return of any
amount from the student. Subject to the above the writ petition is
allowed.
(2). W.P(C).No.12823 of 2021:
In this case the claim on behalf of the student is for an
amount of Rs.21.65 lakh paid towards fee deposit and hostel fee. The
complainant also states that they have produced the bank guarantee
for Rs.40 lakh. We note straight way even if the claim of the petitioner
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 75 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
is accepted in toto, the amount payable would work out to Rs.31.65
lakh as directed by the Supreme Court (11.65 lakh + 2 x 10 lakh),the
college had already returned an amount of Rs.23.30 lakh and the
balance payable would come to Rs.8.35 lakh. In this case since the
bank guarantee had been given on behalf of the student and that they
have incurred an amount of Rs.53,000/- and the same is also added and
thus total amount payable to the student comes to Rs.8.88 lakh, which
we hold as the amount payable going by the directions. The ASC had
directed a payment of Rs.11.65 lakh instead of Rs.8.88 lakh, the
direction to pay differential amount over and above Rs.8.88 lakh is
interfered with. It cannot be sustained and is set aside. It is declared
that the student is entitled to get only an amount of Rs.8.88 lakh over
and above the amount already received by him from the college.
Subject to this Ext.P18 is set aside and the writ petition is allowed.
(3). W.P(C).No.13008 of 2021:
In this case the claim on behalf of the student is for an
amount of Rs.22.17 lakh. It is the contention that Rs.10 lakh was paid
towards tuition fee and Rs.1.65 lakh was paid towards the hostel fee.
The specific contention of the college is that they had refunded an
amount of Rs.23.30 lakh by a mistake. Accepting the admitted
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 76 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
contention of the parties, and going by the formula directed by the
Supreme Court the student is entitled to get a total amount of Rs.11.65
lakh +10.52 lakh x 2 = 21.04 lakh - 23.30 lakh). Therefore the
difference payable by the college Rs.9.39 lakh only and it is declared
so. The direction in the ASC order to make a payment of Rs.11.65 lakh
is clearly wrong and liable to be interfered with. Since we have already
declared that the student is entitled to only an additional amount of
Rs.9.39 lakh over and above the payments made by the college
directions in the ASC order to pay extra amounts more than this is set
aside. The writ petition is allowed to the above extent.
(4). W.P(C).No.13528 of 2020:
The student in this case claimed that an amount of Rs.36.65
lakh was paid at the time of admission. The college had resisted the
claim by stating that only an amount of Rs.18 lakh was paid and on
account of the mistaken impression of the directions of the Supreme
Court judgment, they have already refunded an amount of Rs.36 lakh.
The ASC after considering the evidence of CW1, the father of the
student found that the payments were made through bank and also
borrowed from two persons whose evidence even the Committee found
to be doubtful. However, it found that there was nothing unusual in
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 77 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
procuring loans from friends and relatives and raising money by the
sale of gold for taking admission in professional courses like MBBS
accepted the claim of the complainant that he had paid Rs.36.65 lakh.
We note that on adding up the figures received through the bank
account, it comes to only Rs.10.45 lakh. The other payments on the
basis of which the claim was raised was not supported by any
acceptable evidence whatsoever. The payment made to the Managing
Director of one Medical College who allegedly had returned the
amount paid and the said amount was utilised for admission to college
administration etc., cannot be accepted without there being any
supporting evidence. Similarly statements of persons who were alleged
to have helped the complainant by lending loans cannot be believed in
the absence of any material to support the said contention. On the
basis of surmises and conjunctures the ASC found that there is nothing
unusual in procuring loans. We cannot agree. In this case since the
college has admitted that the student has made a payment of Rs.18
lakh we are taking the amount paid by the student as Rs.18 lakh. We
are in no position to accept the remaining claim of the complainant as
this is a case of no evidence. In that view of the matter we find that
since the college has already repaid Rs.36 lakh, taking Rs.18 lakh as
the amount paid by the student, the further direction of the ASC to
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 78 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
make a payment of Rs.15.65 lakh by the impugned order is liable to be
interfered with. (19.65 lakh +16 lakh x 2 = 51,65,000 - 36 lakh = 15.65
lakh). As stated earlier, in the absence of any acceptable proof of
having made any additional payment over and above Rs.18 lakh,
admitted by the college, for which they have repaid Rs.33 lakh, the
order of the ASC to the extent it directs to make a further payment of
Rs.15.65 lakh is liable to be interfered with. Accordingly, the order of
the ASC, Ext.P11 is set aside. On the facts and circumstances of the
case we are not directing the student to return the amount received
from the college and he will be allowed to retain the amount received
from the college. He will not be entitled to claim any further amount
from the college. Subject to this direction, this writ petition is allowed
as above and the order of the ASC, Ext.P11 in so far as it directs
payment of Rs.15.65 lakh is set side.
(5). W.P(C).No.13042 of 2020:
In this case the contention on behalf of the student is that he
had paid an amount of Rs.21.03 lakh to the college. The college
resisted the claim by pointing out that the complainant had paid only
Rs.10 lakh as tuition fee and Rs.1.03 lakh towards the hostel fee and by
a mistaken notion the college had already refunded an amount of
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 79 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Rs.22.06 lakh, when as a matter of fact the student was not entitled to
get anything more than the fee paid, going by the directions of the
Supreme Court. The ASC considering the evidence on record found
proof for the payment of the entire amount. We on a perusal of the
evidence on record could find acceptable evidence only for an amount
of Rs.15 lakh. The remaining payments claimed by the complainant,
and which was considered by the ASC at paragraph 10 in Ext.P11
order, is on the basis of a declaration of one Kunhiraman of having
made a payment of Rs.3 lakh to CW1. In this case also the ASC
proceeded on the assumption that it is quite natural that parents
collect loan from their friends and relatives for the admission of their
children, which is not supported by any evidence on record. The
finding that CW1 had raised Rs.21.03 lakh at the time of admission of
his son is not backed by any acceptable evidence. There is proof only
for an additional amount of Rs.2 lakh over and above the fee of
Rs.11.03 lakh collected, and on this basis the amount payable to the
student when calculated, it could be seen that the student is entitled
to get Rs.11.03 lakh + (2,00,000 x 2 = 4,00,000/-) thus totalling to
Rs.15.03 lakh. The college has already refunded Rs.22.06 lakh on a
mistaken impression. Since we hold that the student is entitled only to
get an amount of Rs.15.03 lakh and that he had already received
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 80 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Rs.22.06 lakh from the college, the direction in the ASC order to make
a further payment of Rs.8.97 lakh has to be interfered with.
Accordingly, it is set aside. It is declared that the student is not entitled
to get any amount more. However, on the basis of our finding the
college cannot recover the extra amounts paid to the student. In the
result, Ext.P11 is set aside in so far it directs payment of Rs.8.97 lakh
to the student. The writ petition is allowed subject to the above
direction.
(6). W.P(C).No.10977 of 2021:
In this case the contention on behalf of the student that he
had paid an amount of Rs.11.02 lakh towards tuition fee and special fee
and also claimed Rs.2 crore towards compensation. We straight away
notice that even accepting the case of the complainant in toto, going
by the formula directed by the Supreme Court the student is entitled to
only get the fee back namely Rs.11.04 lakh. The college in this case
also has mistakenly paid an amount of Rs.22.06 lakh. The ASC has
directed a further payment of Rs.3.96 lakh. We hold that the said order
of the ASC directing this is without any basis and contrary to the
directions of the Supreme Court. Accordingly, Ext.P16 order is set
aside in so far it directs the payment of Rs.3.96 lakh to the
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 81 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
complainant. However, we direct that the college will not be entitled to
recover any amounts paid to the student and the student will be
entitled to retain the amount paid by the college. Subject to the above
direction Ext.P16 is set aside. The writ petition is allowed.
(6.1). W.P(C)No.20648 of 2021:
It is filed by the student claiming compensation of Rs.2
crores as he complains that he has lost three years. There is no basis
for this fanciful claim. As we have already found by our judgment in
WP(C)No.10977 of 2021, the ASC has ordered more amount than what
the Supreme Court directed to be paid and we have interfered with the
order of the ASC with respect to the same student. Since the claim of
the petitioner cannot be accepted and we have already given our
finding in this judgment, finding that the direction of the Supreme
Court did not intend the student to claim any unreasonable amount by
way of compensation or to unjustly get enriched, the above writ
petition is only to be dismissed and we do so.
(7). W.P(C)No.11671 of 2021:
In this case the claim on behalf of the student was for an
amount of Rs.16.65 lakh. It is resisted by the college stating that only
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 82 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Rs.10 lakh was paid at the time of admission and on the basis of its
erroneous understanding of the Supreme Court directions, the college
had already refunded Rs.20 lakhs, and that there is no basis for the
further claim by the student. On going through the evidence adduced in
this case it is seen that there is evidence for payment of Rs.5 lakh over
and above the fees paid. The specific case of the college in this case is
that the student had made only a payment of Rs.11.65 lakh and it
specifically denies the payment of Rs.5 lakh over and above the
admitted payment. It is also stated by the college that when the said
amount was received by DD there was no necessity at all to make a
payment of Rs.5 lakh in cash for which there has not been any proof at
all. It is alternatively contended that even if the claim of the student is
accepted as Rs.16.65 lakh she is only entitled to get an amount of
Rs.21.65 lakh being a total of fee paid + double of the amount paid
other than fee. In the instant case the college had already remitted
Rs.20 lakh and what is payable to the student, even if the payment of
Rs.16.65 lakh as claimed is accepted, will only be a further amount of
Rs.1.65 lakh. The direction of the ASC to pay Rs.11.65 lakh is contrary
to the directions of the Supreme Court and without any basis.
Accordingly, Ext.P12 order is interfered with and it is declared that the
student is entitled to get only an amount of Rs.1.65 lakh more. Subject
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 83 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
to the above Ext.P12 is quashed and the writ petition is allowed.
(7.1). W.P(C).No.20628 of 2021:
The above case is filed by the father of the student, claiming
a compensation of Rs.6 crore. We have already interfered with the
order of the ASC with respect to the student by our judgment in
WP(C)No.11671 of 2021. We have calculated the amount due to the
student as Rs.1.65 lakh more apart from the amount already paid by
the college. We also note that we have arrived at the said figure on the
basis of the formula directed by the Supreme Court and no further
amount shall be made to the student. The fanciful claim for
compensation without any rhyme, reason or rationale, cannot be
entertained. Accordingly, the writ petition fails and it is accordingly
dismissed.
(8). W.P(C).No.26808 of 2021:
In this case the claim on behalf of the student is for an
amount of Rs.21.03 lakh. Even if the claim of the student is accepted in
toto, it comes to Rs.11.03 lakh + (2 x 10 lakh =20 lakh), thus totalling
to Rs.31.03 lakh. The college had already repaid amount an amount of
Rs.23.03 lakh going by its understanding of the formula directed by the
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 84 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Supreme Court and hence the college is bound to make a further
payment of Rs.7.73 lakh. The direction in the ASC order to make a
further payment of Rs.11.65 lakh is wrong and is therefore set aside.
The complainant is entitled to get only Rs.7.73 lakh more from the
college. Ext.P12 order of the ASC is set aside to the above limited
extent and the writ petition is partly allowed.
(9). W.P(C).No.26824 of 2021:
In this case the claim on behalf of the complainant is that she
has paid Rs.11.65 lakh at the time of admission and she seeks a further
amount of Rs.2 crore towards compensation. It is to be noted that going
by the direction of the Supreme Court the complainant is entitled to get
only Rs.11.65 lakh and nothing more. The college, on a mistaken notion
has already paid Rs.23.60 lakh and we hold that even accepting the
case of the complainant, nothing more is to be paid. The ASC however
has directed the college to make a payment of Rs.3.30 lakh more
placing reliance on the judgment in Riya George (supra), and to the
extent it directs payment of Rs.3.30 lakh, the order of the ASC is set
aside. However, the college will not be entitled to claim refund of the
amount paid to the student. Subject to the above, the writ petition is
allowed.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 85 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
(10). W.P(C).No.26870 of 2021:
The contention on behalf of the student in this case is that
they have paid an amount of Rs.11.65 lakh at the time of admission.
Going by the contention of the complainant they are not entitled to get
anything more than Rs.11.65 lakh, paid as fee to the college. We note
that the college has already repaid the amount of Rs.20 lakh and as
such the directions in the order of the ASC the college to make a further
payment of Rs.3.30 lakh is wrong and liable to be interfered with. There
is no basis for arriving at a figure of Rs.3.30 lakh contrary to the
directions of the Supreme Court. We also direct that the college will not
be entitled to make any claim for refund from the student. Subject to
the above the writ petition is allowed.
(10.1). W.P(C).No.7564 of 2022:
This writ petition is filed by a student in WP(C)No.26870 of
2021 seeking to challenge the order of the ASC, Ext.P5, (which we have
already interfered with in WP(C)No.26870 of 2021). We have found by
our judgment in WP(C)No.26870 of 2021 that the student was not
entitled to anything more than the fee going by the directions of the
Supreme Court and the claim for compensation and also the challenge
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 86 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
to the order of the ASC which declined payment of compensation to her
cannot be sustained. Accordingly, the above writ petition is dismissed.
The writ petitions having been disposed as above, we direct
that in those cases where differential amounts have been found payable
to the students concerned by the college, the ASC shall release the
amounts to the student concerned from the amounts deposited by KMC
with the Committee pursuant to the orders of the Supreme Court, within
a month from the date of production of a copy of this judgment before it
by the student/parent concerned.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
prp/dlk
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 87 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF WP(C).NO.17592/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN SLP (C) NO.23225/2018 DATED 29.8.18.
Exhibit P2 RUE COPY OF THE ORDER OF THE SUPREME COURT
IN MA NO.2354/18 IN SLP(C) NO.23225/2018
DATED 4.10.2018
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEAL NO.596/2021 AND CONNECTED
CASES DATED 18.2.2021 IS PRODUCED
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 8.6.2018
FILED BY THE 1ST PETITIONER
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 2.12.2018
Exhibit P7 TRUE COPY OF THE PETITION DATED 2.12.2018
FILED BEFORE THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT
COMMITTEE DATED 13.12.2018
Exhibit P9 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH
DOCUMENTS AND DEPOSITION
Exhibit P10 TRUE COPY OF THE JUDGMENT IN WPC.26995/19
Exhibit P11 TRUE COPY OF THE MINUTES DATED 9.3.2021
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 88 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Exhibit P12 TRUE COPY OF THE ORDER NO.ASC(P)
59/18/HO/TVPM/MBBS/KMC DATED 7.4.2021.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A): TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V.
KANNUR MEDICAL COLLEGE AND OTHERS 2019 (3) SCALE 662.
EXHIBIT R1(B): TRUE COPY OF THE JUDGMETN DATED 30.06.2020 IN
W.P.(C).NO.1272/2020.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 89 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.13042/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
13/08/2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO
APPEAL (C) NO.23225/2018 OF THE HON'BLE SUPREME
COURT DATED 29/8/2018.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN M..NO.2354/2018 IN SLP(C) NO.23225/2018
DATED 4/10/2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN CONTEMPT PETITION
NO.908/2019 OF THE HON'BLE SUPREME COURT IN
SLP(C) NO.23225/2018 DATED 27/9/2019.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 19/7/2018.
EXHIBIT P6 TRUE COPY OF THE STATEMENT FILED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
EXHIBIT P8 TRUE COPY OF THE UNDERTAKING DATED 18/01/2018.
EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT DATED 9/1/2019.
EXHIBIT P10 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH
DEPOSITION DATED 10.1.2020.
EXHIBIT P11 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN
ASC (P)91/18/HO/TVPM/MBBS/KMC DATED 5/2/2020.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 90 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 91 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.13301/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
13.08.2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO
APPEAL (C0 NO.23225/2018 OF THE HON'BLE SUPREME
COURT DATED 29.08.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN MA NO.2354/2018 IN SLP (C)
NO.23225/2018 DATED 04.10.2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN CONTEMPT PETITION
NO.998/2019 OF THE HON'BLE SUPREME COURT IN
SLP(C) NO.23225/2018 DATED 27.09.2019.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 28.07.2018.
EXHIBIT P6 TRUE COPY OF THE STATEMENT FILED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
EXHIBIT P8 TRUE COPY OF THE UNDERTAKING DATED 18.01.2018.
EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT DATED 09.01.2019.
EXHIBIT P10 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH
STATEMENT AND DEPOSITION.
EXHIBIT P11 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN
ASC (P) 91/18/HO/TVPM/MBBS/KMC DATED 09.01.2020.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 92 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 93 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.13520/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
13/08/2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO
APPEAL (C) NO.23225/2018 OF THE HON'BLE SUPREME
COURT DATED 29/8/2018.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN M..NO.2354/2018 IN SLP (C)
NO.23225/2018 DATED 4/10/2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN CONTEMPT PETITION
NO.908/2019 OF THE HON'BLE SUPREME COURT IN
SLP(C) NO.23225/2018 DATED 27/9/2019.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 18/4/2019.
EXHIBIT P6 TRUE COPY OF THE STATEMENT FILED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 21/10/2019.
EXHIBIT P8 TRUE COPY OF THE DEPOSITION ALONG WITH
DOCUMENTS.
EXHIBIT P9 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN
ASC(P) 79/19/HO/TVPM/MBBS/KMC DATED 24/12/2019.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 94 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 95 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF WP(C).NO.13528/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
13.8.2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO
APPEAL (C) NO.23225/2018 OF THE HON'BLE SUPREME
COURT DATED 29.8.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN M.A.NO.2354/2018 IN SLP(C)
NO.23225/2018 DATED 4.10.2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN CONTEMPT PETITION
NO.908/2019 OF THE HON'BLE SUPREME COURT IN
SLP(C) NO.23225/2018 DATED 27.9.2019.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 31.8.2018.
EXHIBIT P6 TRUE COPY OF THE STATEMENT FILED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
EXHIBIT P8 TRUE COPY OF THE UNDERTAKING DATED 18.1.18.
EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT DATED 9.1.2019.
EXHIBIT P10 TRUE COPY OF THE PROOF AFFIDAVIT DATED 29.1.2020
ALONG WITH DEPOSITION.
EXHIBIT P11 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN
ASC (P) 91/18/HO/TVPM/MBBS/KMC DATED 12.2.2019.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 96 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 97 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.13549/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
13.08.2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO
APPEAL (C) NO.23225/2018 OF THE HON'BLE SUPREME
COURT DATED 29.08.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER IN THE HON'BLE SUPREME
COURT IN M.A.NO.2354/2018 IN SLP(C)
NO.23225/2018 DATED 04.10.2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN CONTEMPT PETITION
NO.908/2019 OF THE HON'BLE SUPREME COURT IN
SLP(C) NO.23225/2018 DATED 27.09.2019.
EXHIBIT P5 TRUE COPY OF THE STATEMENT FILED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
EXHIBIT P7 TRUE COPY OF THE UNDERTAKING DATED 18.01.2018.
EXHIBIT P8 TRUE COPY OF THE PROOF AFFIDAVIT DATED
22.1.2020.
EXHIBIT P9 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH
DEPOSITION DATED 22.1.2020.
EXHIBIT P10 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 98 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
ASC (P) 91/18/HO/TVPM/MBBS/KMC DATED 20.02.2020.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 99 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.10977/2021
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN SLP(C) NO.23225/2018 DATED 29.08.18.
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN MA NO. 2354/18 IN SLP(C)
NO.23225/2018 DATED 04.10.2018.
EXHIBIT P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEALS NO. 596/2021 AND CONNECTED CASES
DATED 18.02.2021.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST
RESPONDENT, DATED 30.08.2018.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBSEQUENTLY FILED
BY THE 1ST RESPONDENT, DATED 02.05.2019.
EXHIBIT P6 TRUE COPY OF THE OBJECTION STATEMENT FILED BY
THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY COLLEGE.
EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT DATED 09.1.2019.
EXHIBIT P9 TRUE COPY OF THE RECEIPT ISSUED BY YENEPOYA
MEDICAL COLLEGE.
EXHIBIT P10 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH
DEPOSITION BY THE 1ST RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE ORDER IN WPC. 35043/2019 DATED
11.08.2020 BY THIS HON'BLE COURT.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WPC 34904/2019
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 100 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
DATED 19.11.2020 BY THIS HON'BLE COURT.
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 13.01.2020 BY THE
2ND RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 01.03.2021 BY THE
2ND RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE MINUTES DATED 09.03.2021 BY THE
2ND RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE ORDER DATED 18.03.2021 BY THE
2ND RESPONDENT.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE CBSE - NATIONAL ELIGIBILITY CUM
ENTRANCE TEST UG 2016 RESULTS.
EXHIBIT R1(B) TRUE COPY OF THE NOTIFICATION DATED 17.09.2016
PUBLISHED BY THE ADMISSION SUPERVISORY
COMMITTEE.
EXHIBIT R1(C) TRUE COPY OF THE PRINTOUT RELATING TO THE
REGISTRATION OBTAINED FROM THE WEBSITE.
EXHIBIT R1(D) TRUE COPY OF REGISTRATION SHEET ISSUED BY THE
OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS FOR THE SPOT ADMISSION SCHEDULED ON
07.10.201
EXHIBIT R1(E) TRUE COPY OF THE NOTICE 31.03.2017 BEARING
NO.6558/ACA/KUHS/2016.
EXHIBIT R1(F) TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE CHIEF MINISTER OF KERALA
DATED 24.07.2017.
EXHIBIT R1(G) TRUE COPY OF THE COMPLAINT FILED BEFORE ASC
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 101 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
DATED 29.04.2019.
EXHIBIT R1(H) TRUE COPY OF THE FEE STRUCTURE OF YENAPOYA
MEDICAL COLLEGE FOR THE YEAR 2019-20.
EXHIBIT R1(I) TRUE COPY OF THE ORDER DATED 29.08.2018 IN SLP
NO.23225/18.
EXHIBIT R1(J) TRUE COPY OF THE ORDER DATED 4.10.18 ISSUED BY
THE HON'BLE SUPREME COURT.
EXHIBIT R1(K) TRUE COPY OF THE ORDER DATED, 18.03.2021 ISSUED
BY THE ASC.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 102 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.11671/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN
SLP(C) NO.23225/2018 DATED 29.08.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN
MA NO.2354/18 IN SLP(C) NO.23225/2018 DATED
04.10.2018.
Exhibit P3 TRUE COPY OF THE JUDGEMNT IN CIVIL APPEALS
NO.596/2021 OF THE SUPREME COURT DATED
18.02.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 31.08.2018
FILED BY THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER.,
Exhibit P6 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH
DEPOSITION AND DOCUMENTS.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 19.11.2020 IN
WPC 34904/2019 OF THIS HONBLE COURT.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC 35043/2019 OF
THIS HONBLE COURT DATED 11.08.2020.
Exhibit P9 TRUE COPY OF THE ORDER NO.ASC(P)
59,91/18/HO/TVPM/MBBS/KMC DATED 13.01.2020.
Exhibit P10 TRUE COPY OF THE NOTICE DATED 01.03.2021
NO.ASC(P) 59,91/18/HO/TVPM/MBBS/KMC.
Exhibit P11 TRUE COPY OF THE MINUTES DATES 09.03.2021.
Exhibit P12 TRUE COPY OF THE ORDER NO.ASC(P)
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 103 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
59,91/18/HO/TVPM/MBBS/KMC DATED 20.03.2021.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A): TRUE COPY OF THE CBSE-NATIONAL ELIGIBILITY CUM
ENTRANCE TEST UG 2016 RESULTS.
EXHIBIT R1(B): TRUE COPY OF THE NOTIFICATION DATED 17.09.2016
PUBLISHED BY TEH ADMISSION SUPERVISORY
COMMITTEE.
EXHIBIT R1(C): TRUE COPY OF THE PRINTOUT RELATING TO THE
REGISTRATION OBTRAINED FROM THE WEBSITE.
EXHIBIT R1(D): TRUE COPY OF REGISTRATION SHEET ISSUED BY THE
OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS FOR THE SPOT ADMISSION SCHEDULED ON
07.10.2016.
EXHIBIT R1(E): TRUE COPY OF THE NOTICE 31.03.2017 BEARING
NO.6558/ACA/KUHS/2016.
EXHIBIT R1(F): TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE CHIEF MINISTER OF KERALA
DEATED 24.07.2017.
EXHIBIT R1(G): TRUE COPY OF THE COMPLAINT FILED BEFORE ASC
DATED 18.01.2019.
EXHIBIT R1(H): TRUE COPY OF THE ORDER DATED 29.08.2018 IN SLP
NO.23225/18.
EXHIBIT R1(I): TRUE COPY OF THE ORDER DATED 4.10.18 ISSUED BY
THE HON'BLE SUPREME COURT.
EXHIBIT R1(J): TRUE COPY OF THE ORDER DATED 20.03.2021 ISSUED
BY THE ASC.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 104 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
EXHIBIT R1(K): RESULT SUBMISSION REPORT NEET (UG) DATED
02.07.2017.
EXHIBIT R1(L): REGISTRATION SLIP MOP-UP COUNSELLING AND
ADMISSION TO MBBS COURSE 2019 DATED 03.08.2019.
EXHIBIT R1(M): TRUE COPY OF THE REGISTRATION DETAILS FOR NEET
EXAMINATION DATED 17.07.2021.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 105 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.11696/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN
SLP(C) NO.23225/2018 DATED 29.08.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN
MA NO.2354/18 IN SLP(C) NO.23225/2018 DATED
04.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGEMNT IN CIVIL
APPEAL NO.596/2021 AND CONNECTED CASES DATED
18.2.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 18.07.2018
FILED BY THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE STATEMENT GIVEN BY THE COLLEGE.
Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
Exhibit P7 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH
DOCUMENTS AND DEPOSITION.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC 34904/2019 OF
THIS HONBLE COURT DATED 19.11.2020.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 35043/2019 OF
THIS HON'BLE COURT DATED 11.8.2020.
Exhibit P10 TRUE COPY OF THE ORDER NO.ASC(P)
91/18/HO/TVPM/MBBS/KMC DATED 13.01.2020.
Exhibit P11 TRUE COPY OF THE NOTICE NO.ASC (P)
59,91/18/HO/TVPM/MBBS/KMC DATED 01.03.2021.
Exhibit P12 TRUE COPY OF THE MINUTES DATED 09.03.2021.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 106 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
TRUE COPY OF THE ORDER
NO.ASC(P)/91/18/HO/TVPM/MBBS/KMC DATED
Exhibit P13 24.03.2021.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 107 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF WP(C).NO.12615/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HONBLE SUPREME
COURT IN SLP (C) NO. 23225/2018.
Exhibit P2 TRUE COPY OF THE ORDER OF THE HONBLE SUPREME
COURT IN MA NO. 2354/18 IN SLP (C) NO.
23225/2018 DATED 4.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGE IN CIVIL
APPEAL NO. 596/2021 AND CONNECTED CASES DATED
18.2.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT BEFORE THE 2ND
RESPONDENT DATED 13.6.18.
Exhibit P5 TRUE COPY OF THE STATEMENT BEFORE THE 2ND
RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 13.12.2018
FIELD BY THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE PETITION DATED 13.12.2018
FIELD BY THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT
COMMITTEE DATED 13.12.2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 26995/19
DATED 22.11.2019 OF THIS HONBLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE ASC (P)
66/18/HO/TVPM/MBBS/KMC DATED 4.3.2021
Exhibit P11 TRUE COPY OF THE AFFIDAVIT DOCUMENTS AND
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 108 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
DEPOSITION OF THE 1ST RESPONDENT.
Exhibit P12 TRUE COPY OF THE ORDER NO. ASC (P)
66/8/HO/TVPM/MBBS/KMC DATED 30.03.2021.
RESPONDENTS EXHIBITS NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 109 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.12737/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN SLP (C) NO.23225/2018 DATED 29.08.2018.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN MA NO.2354/2018 IN SLP(C) NO.23225/2018
DATED 04.10.2018.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL
NO.596/2021 AND CONNECTED CASES DATED
18.02.2021 OF THE HON'BLE SUPREME COURT.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 10.06.2018
BEFORE THE 2ND RESPONDENT FILED BY THE 1ST
RESPONDENT.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT OF THE 1ST
RESPONDENT DATED 17.12.2018.
Exhibit P7 TRUE COPY OF THE PETITION FILED BY THE 1ST
RESPONDENT DATED 17.12.2018 FILED BEFORE
THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF ASC PROCEEDINGS
DATED 03.01.2019.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 26995/2019
DATED 22.11.2019 OF THIS HON'BLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE NO.ASC(P) 55,56,57,
58, 59, 60, 61, 62, 63,
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 110 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
66/18/HO/TVPM/MBBS/KMC DATED 04.03.2021.
Exhibit P11 TRUE COPY OF THE AFFIDAVIT DOCUMENTS AND
DEPOSITION OF THE 1ST RESPONDENT DATED
23.09.2019.
Exhibit P12 TRUE COPY OF THE ORDER NO.ASC(P)
62/18/HO/TVPM/MBBS/KMC DATED 26.03.2021.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A): TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V.
KANNUR MEDICAL COLLEGE AND OTHERS, 2019 (3) SCALE 662.
EXHIBIT R1(B): TRUE COPY OF THE JUDGMENT DATED 30.06.2020 IN
W.P.(C).NO.1272/2020.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 111 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.12823/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HONBLE SUPREME
COURT IN SLP (C) NO. 23225/2018 DATED
29.08.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE HONBLE SUPREME
COURT IN MA NO. 2354/18 IN SLP (C) NO.
23225/2018 DATED 4.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEAL NO. 596/2021 AND CONNECTED
CASES DATED 18.2.2021
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 1.6.2018
BEFORE THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE PROSPECTUS OF THE
PETITIONER COLLEGE APPROVED BY THE ASC.
Exhibit P6 TRUE COPY OF THE NOTIFICATION OF THE CEE
(COMMISSIONER FOR ENTRANCE EXAMINATION)
NOTIFICATION.
Exhibit P7 TRUE COPY OF THE NOTICE NO. ASC(P)
47/18/HO/TVPM/MBBS/KMS DATE 6.6.2018 ISSUED
BY THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE OBJECTION FIELD BY THE
PETITIONER COLLEGE BEFORE THE 2ND
RESPONDENT.
Exhibit P9 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 112 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
THE 1ST RESPONDENT DATED 17.12.2018.
Exhibit P10 TRUE COPY OF THE MINUTES OF THE 2ND
RESPONDENT DATED 22.2.2018.
Exhibit P11 TRUE COPY OF THE MINUTES OF THE 2ND
RESPONDENT DATED 1.1.2019.
Exhibit P12 TRUE COPY OF THE NOTICE NO. ASC(P)
47,56/18/HO/TVPM/MBBS/KMC DATED 1.10.2019.
Exhibit P13 TRUE COPY OF THE JUDGMENT OF THIS HONBLE
COURT IN WPC 26995/19 DATED 22.11.2019.
Exhibit P14 TRUE COPY OF THE NOTICE NO. SC(P)
47/18/HO/TVPM/MBBS/KMC DATED 2.3.2021 ISSUED
BY THE 2ND RESPONDENT.
Exhibit P15 TRUE COPY OF THE AFFIDAVIT, DOCUMENTS AND
DEPOSITION OF THE IST RESPONDENT DATED
11.12.2019.
Exhibit P16 TRUE COPY OF THE JUDGMENT IN WPC 35043/2019
OF THIS HONBLE COURT.
Exhibit P17 TRUE COPY OF THE JUDGMENT IN WPC 34904/2019
OF THIS HONBLE COURT.
Exhibit P18 TRUE COPY OF THE ORDER NO. ASC(P)
91/18/HO/TVPM/MBBS/KMC DATED 26.3.21.
RESPONDENTS EXHIBITS NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 113 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.13008/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN SLP(C)NO.23225/2018 DATED 29.08.18
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN MA NO.2354/18 IN SLP(C)NO.23225/18 DATED
4.10.2018
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEAL NO.596/2021 AND CONNECTED
CASES DATED 18.2.2021
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 30.08.2018
FILED BY THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 12.1.2019
FILED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P7 TRUE COPY OF THE MINUTES DATED 14.1.2019
Exhibit P8 TRUE COPY OF THE JUDGMENT IN
WP(C)N0.26995/19 DATED 22/11/2019 OF THIS
HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE PROOF AFFIDAVIT DATED
18.12.2019 AND DOCUMENTS
Exhibit P10 TRUE COPY OF THE COPY PROOF AFFIDAVIT DATED
2.1.2020
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 114 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Exhibit P11 TRUE COPY OF THE PROOF AFFIDAVIT DATED
4.1.2020
Exhibit P12 TRUE COPY OF THE NOTICE
NO.ASC(P)/91/18/HO/TVPM/MBBS/KMC DATED
2.3.2021 OF THE 2ND RESPONDENT
Exhibit P13 TRUE COPY OF THE DEPOSITION DATED 15.3.202
OF THE 1ST RESPONDENT
Exhibit P14 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.34904/2019 OF THIS HON'BLE COURT
DTD 19.11.20
Exhibit P15 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.35043/2019 OF THIS HON'BLE COURT
DTD 11.8.20
Exhibit P16 TRUE COPY OF THE ORDER
NO.ASC(P)91/18/HO/TVMP/MBBS/KMC DATED
30.3.2021 ISSUED BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 115 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.14970/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN SLP(C) NO.23225/2018 DATED 29.08.18
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN MA NO.2354/18 IN SLP (C) NO.23225/2018
DATED 4/10/2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEAL NO.596/2021 AND CONNECTED
CASES DATED 18/2/2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 8/6/2018
FILED BY THE 1ST RESPONDENT BEFORE THE 2ND
RESPONDENT.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 2/12/2018
FILED BY THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE PETITION DATED 2/12/2018
FILED BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT
COMMITTEE DATED 13.12.2018
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 26995/19
DATED 22/11/2019 OF THIS HON'BLE COURT.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 116 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Exhibit P10 TRUE COPY OF THE NOTICE NO.ASC(P)
57/18/HO/TVMPM/MBBS/KMC DATED 4/3/2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE AFFIDAVIT, DOCUMENTS AND
DEPOSITION OF THE 1ST RESPONDENT DATED
17/3/2021.
Exhibit P12 TRUE COPY OF THE ORDER
NO.ASC(P)57/18/HO/TVPM/MBBS/KMC DATED
30.3.21 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT EXHIBITS:
Exhibit R1(a) TRUE COPY OF THE DEMAND DRAFT OF RS.4.68
LAKHS.
Exhibit R1(b) TRUE COPY OF THE CASH RECEIPT FOR RS.6052
LAKHS.
Exhibit R1(c) COPY OF THE JUDGMENT IN RIYA GEORGE.V.
KANNUR MEDICAL COLLEGE AND OTHERS, 2019(3)
SCALE 662.
Exhibit R1(d) TRUE COPY OF THE ORDER DATED 26/03/2021.
Exhibit R1(e) COPY OF THE JUDGMENT DATED 30/06/2020 IN
WPC.NO.1272/2020.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 117 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.20628/2021
PETITIONER EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE CBSE-NATIONAL ELIGIBILITY
CUM ADMISSION TEST UG 2016 RESULTS
Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 17-09-2016
PUBLISHED BY THE ADMISSION SUPERVISORY
COMMITTEE
Exhibit P3 TRUE COPY OF THE PRINTOUT RELATING TO THE
REGISTRATION OBTAINED FROM THE WEBSITE
Exhibit P4 TRUE COPY OF REGISTRATION SHEET ISSUED BY THE
OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS FOR THE SPOT ADMISSION SCHEDULED
ON 07-10-2016
Exhibit P5 TRUE COPY OF THE NOTICE 31-03-2017 BEARING NO.
6558/ACA/KUHS/2016
Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE CHIEF MINISTER OF KERALA
DATED 24-07-2017
Exhibit P7 TRUE COPY OF THE COMPLAINT FILED BEFORE ASC
DATED 18-01-2019
Exhibit P8 TRUE COPY OF THE ORDER DATED 29-08-2018 IN SLP
NO. 23225/18
Exhibit P9 TRUE COPY OF THE ORDER DATED 4-10-2018 ISSUED
BY THE HON'BLE SUPREME COURT
Exhibit P10 TRUE COPY OF THE ORDER DATED 18-03-2021 ISSUED
BY THE ASC
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 118 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Exhibit P11 RESULT SUBMISSION REPORT NEET (UG) DATED 02-
07-2017
Exhibit P12 REGISTRATION SLIP MOP-UP COUNSELLING AND
ADMISSION TO MBBS COURSE 2019 DATED 03-08-2019
Exhibit P13 TRUE COPY OF THE REGISTRATION DETAILS FOR NEET
EXAMINATION DATED 17-07-2021
Exhibit P14 COPY OF THE JUDGEMENT DATED 13-12-2019 OF THE
HON'BLE SUPREME COURT OF INDIA IN CIVIL APPEAL
NO.1081/2017
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 119 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.20648/2021
PETITIONER EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE CBSE-NATIONAL
ELIGIBILITY CUM ENTRANCE TEST UG 2016
RESULTS.
Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED
17.09.2016 PUBLISHED BY THE ADMISSION
SUPERVISORY COMMITTEE.
Exhibit P3 TRUE COPY OF THE PRINTOUT RELATING TO THE
REGISTRATION OBTAINED FROM THE WEBSITE.
Exhibit P4 TRUE COPY OF REGISTRATION SHEET ISSUED BY
THE OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS FOR THE SPOT ADMISSION
SCHEDULED ON 04.10.2016.
Exhibit P5 TRUE COPY OF THE NOTICE 31.03.2017 BEARING
NO.6558/ACA/KUHS/2016.
Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE CHIEF MINISTER OF
KERALA DATED 24.07.2017.
Exhibit P7 TRUE COPY OF THE COMPLAINT FILED BEFORE ASC
DATED 29.04.2019.
Exhibit P8 TRUE COPY OF THE FEE STRUCTURE OF YENAPOYA
MEDICAL COLLEGE FOR THE YEAR 2019-2020.
Exhibit P9 TRUE COPY OF THE ORDER DATED 29.08.2018 IN
SLP NO.23225/18.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 120 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Exhibit P10 TRUE COPY OF THE ORDER DATED 04.10.18
ISSUED BY THE HON'BLE SUPREME COURT.
Exhibit P11 TRUE COPY OF THE ORDER DATED 18.03.2021
ISSUED BY THE ASC.
RESPONDENTS EXHIBITS NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 121 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.25082/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE SAID ORDER OF ADMISSION
SUPERVISORY COMMITTEE DATED 9.1.2020
Exhibit P2 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL ©
NO.596/2021 DATED 18.2.2021.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 122 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.26808/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN SLP(C0 NO. 23225/2018 DATED 29-08-2018
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN MA NO 2354/18 IN SLP (C) NO. 23225/2018
DATED 4-10-2018
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEAL NO. 596/2021 AND CONNECTED CASES
DATED 18-2-2021
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 6-7-2018
FILED BY THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 9-1-2019 BY
THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.26995/19 DATED 22-11-2019 OF THIS HONBLE
COURT
Exhibit P8 TRUE COPY OF THE NOTICE NO.
ASC(P)/82/18/HO/TVPM/MBBS/KMC DATED 4-3-2021
Exhibit P9 TRUE COPY OF THE PROOF AFFIDAVIT OF WITNESS
AND DEPOSITION DATED 19-3-2021
Exhibit P10 TRUE COPY OF THE JUDGMENT IN WPC 34904/2019
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 123 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
OF THIS HONBLE COURT DTD 19-11-2020
Exhibit P11 TRUE COPY OF THE JUDGMENT IN WPC 35043/2019
OF THIS HONBLE COURT DTD 11-08-2020
Exhibit P12 TRUE COPY OF THE ORDER NO. ASC(P)
82/18/HO/TVPM/MBBS/KMC DATED 16-4-2021 ISSUED
BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 124 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.26824/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN SLP(C)NO. 23225/2018 DATED 29-08-
Exhibit P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN SLP (C) NO 23225/2018 DATED 4-10-
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEALS NO. 596/2021 AND CONNECTED
CASES DATED 18-02-2021
Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST
RESPONDENT DATED 23-07-2018
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER.
Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE
COLLEGE
Exhibit P7 TRUE COPY OF THE AFFIDAVIT DATED 9-1-2019
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC DATED 22-11-
Exhibit P9 TRUE COPY OF THE NOTICE NO. ASC (P)
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 125 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
91/18/HO/TVPM/MBBS/KMC DATED 8-3-2021
Exhibit P10 TRUE COPY OF THE PROOF AFFIDAVIT AND
DEPOSITION DATED 22-03-2021
Exhibit P11 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
35043/2019 DATED 11-08-2020
Exhibit P12 TRUE COPY OF THE JUDGMENT IN WPC 34904/2019
DATED 19-11-2020
Exhibit P13 TRUE COPY OF THE ORDER DATED 5-4-2021 ISSUED
BY THE 2ND RESPONDENT
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 126 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF WP(C).NO.26870/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN SLP(C)NO.23225/2018 DATED
29.08.2018.
Exhibit P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN SLP(C)NO.23225/2018 DATED
04.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEALS NO.596/2021 AND CONNECTED CASES
DATED 18.02.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST
RESPONDENT, DATED 20.07.2018.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER.
Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE
COLLEGE.
Exhibit P7 TRUE COPY OF THE AFFIDAVIT DATED 09.01.2019.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO.26995/19
DATED 22.11.2019.
Exhibit P9 TRUE COPY OF THE PROOF AFFIDAVIT DATED
07.12.2019.
Exhibit P10 TRUE COPY OF NOTICE
NO.ASC(P)/91/18/HO/TVPM/MBBS/KMC DATED
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 127 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
01.03.2021.
Exhibit P11 TRUE COPY OF THE DEPOSITION OF THE 1ST
RESPONDENT.
Exhibit P12 TRUE COPY OF THE JUDGMENT IN WPC 35043/2019
DATED 11.08.2020 BY THIS HON'BLE COURT.
Exhibit P13 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WPC 34904/2019.
Exhibit P14 TRUE COPY OF ORDER NO.ASC(P)59,
91/18/HO/TVPM/MBBS/KMC DATED 13.01.2020.
Exhibit P15 TRUE COPY OF THE ORDER NO.ASC
(P)91/18/HO/TVPM/MBBS/KMC DATED 21.04.2021.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 128 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF WP(C).NO.30209/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN SLP(C)NO.23225/2018 DATED
29.08.2018.
Exhibit P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN MA.NO.2354/18 IN SLP(C)
NO.23225/2018 DATED 04.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEAL NO.596/2021 AND CONNECTED CASES
DATED 18.02.2021 IS PRODUCED.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 31.8.2018
FILED BY THE 1ST PETITIONER.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 9.1.2019
FILED BEFORE TEH 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT
COMMITTEE DATED 14.1.2019.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO.26995/19
DATED 22.11.2019 OF THIS HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE NOTICE NO.ASC(P)
91/18/HO/TVPM/MBBS/KMC DATED 28.9.2021 OF THE
2ND RESPONDENT.
Exhibit P10 TRUE COPY OF THE PROOF AFFIDAVIT, DOCUMENTS,
AND DEPOSITION DATED 7.1.2020.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 129 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Exhibit P11 TRUE COPY OF THE ORDER NO.ASC(P)
91/18/HO/TVPM/MBBS/KMC DATED 13.10.2021.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 130 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.30222/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN SLP(C) NO.23225/2018 DATED 29.8.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN MA NO.2354/18 IN SLP(C) NO.23225/2018
DATED 4.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEAL NO.596/2021 AND CONNECTED CASES
DATED 18.2.2021 IS PRODUCED.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 19.6.2018
FILED BY THE 1ST PETITIONER.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 30.11.2018.
Exhibit P7 TRUE COPY OF THE PETITION DATED 30.11.2018
FILED BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT
COMMITTEE DATED 1.1.2019.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC.26995/19
DATED 22.11.2019 OF THIS HON'BLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE NO.ASC (P)
68/18/HO/TVPM/MBBS/KMC DATED 4.10.2021.
Exhibit P11 TRUE COPY OF THE PROOF AFFIDAVIT, DEPOSITION,
AND DOCUMENTS DATED 12.10.2021
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 131 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Exhibit P12 TRUE COPY OF THE ORDER NO.ASC (P)
68/18/HO/TVPM/MBBS/KMC DATED 27.10.2021.
RESPONDENT EXHIBITS:
Exhibit R1 (A) TRUE COPY OF THE JUDGMENT IN RIYA GEORGE
V.KANNUR MEDICAL COLLEGE AND OTHERS, 2019 (3)
SCALE 662
Exhibit R1 (B) TRUE COPY OF THE JUDGMENT DATED 30.6.2020 IN
WPC NO.1272/2020
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 132 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.30491/2021
PETITIONER EXHIBITS:
Exhibit P12 TRUE COPY OF THE ORDER
NO.ASC(P)60/18/HO/TVPM/MBBS/KMC DATED
16.10.2021
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN SLP (C) NO. 23225/2018 DATED 29.08.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN MA NO. 2354/18 IN SLP (C) NO. 23225/2018
DATED 4.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEAL NO. 596/2021 AND CONNECTED CASES
DATED 18.2.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 11.06.2018
FILED BY THE IST RESPONDENT.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 17.12.2018.
Exhibit P7 TRUE COPY OF THE OF THE PETITION DATED
17.12.2018 FILED BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT
COMMITTEE DATED 3.1.2019.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 26995/19
DATED 22.11.2019 OF THIS HONBLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE NO. ASC(P)
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 133 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
60/.../HO/TVPM/MBBS/KMC DATED 28.09.2021.
Exhibit P11 TRUE COPY OF THE PROOF AFFIDAVIT, DEPOSITION,
AND DOCUMENTS DATED 10.10.2019.
RESPONDENT EXHIBITS:
Exhibit R1(A) TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V.
KANNUR MEDICAL COLLEGE AND OTHERS 2019(3)
SCALE 662.
Exhibit R1(B) TRUE COPY OF THE JUDGMENT DATED 30.6.2020 IN
WPC NO.1272/2020
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 134 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.30618/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN
SLP (C) NO.23225/2018 DATED 29.08.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN
MA NO.2354/18 IN SLP (C) NO.23225/2018 DATED
04.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL
APPEAL NO.596/2021 AND CONNECTED CASES DATED
18.02.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 08.06.2018
FILED BY THE 1ST PETITIONER.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT
DATED 11.12.2018.
Exhibit P7 TRUE COPY OF THE PETITION DATED 11.12.2018 FILED
BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT
COMMITTEE DATED 03.01.2019.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 26995/19 DATED
22.11.2019 OF THIS HON'BLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE NO.ASC(P)
61/18/HO/TVPM/MBBS/KMC DATED 13.10.2021 ISSUED
BY THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 135 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
DOCUMENTS AND DEPOSITION DATED 08.10.2021.
Exhibit P12 TRUE COPY OF THE ORDER
NO.ASC(P)61/18/HO/TVPM/MBBS/KMC DATED
26.10.2021.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V.
KANNUR MEDICAL COLLEGE AND OTHERS, 2019 (3)
SCALE 662.
EXHIBIT R1(B) TRUE COPY OF THE JUDGMENT DATED 30.06.2020 IN
W.P.(C).NO.1272/2020.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 136 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.30663/2021
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN SLP (C) NO.23225/2018 DATED 29.8.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN MA NO.2354/18 IN SLP (C) NO.23225/2018
DATED 4.10.2018
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEAL NO.596/2021 AND CONNECTED
CASES DATED 18.2.2021 IS PRODUCED
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED FILED BY
THE 1ST PETITIONER
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 20.10.2018
Exhibit P7 TRUE COPY OF THE PETITION DATED 20.10.2018
FILED BEFORE THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT
COMMITTEE DATED 13.12.2018
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC
NO.26995/19 DATED 22.11.2019 OF THIS
HON'BLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE NO.ASC(P)
63/18/HO/TVPM/MBBS/KMC DATED 28.9.2021
Exhibit P11 TRUE COPY OF THE AFFIDAVIT, DEPOSITION,
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 137 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
DOCUMENTS DATED 10.10.2019
Exhibit P12 TRUE COPY OF THE ORDER NO.ASC(P)
63/18/H0/TVPM/MBBS/KMC DATED 13.10.2021
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 138 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.2111/2022
PETITIONER EXHIBITS:
EXHIBIT.P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN SLP (C) NO.23225/2018 DATED 29.08.18
EXHIBIT.P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN MA.NO.2354/18 IN SLP (C) NO.23225/2018
DATED 4.10.2018
EXHIBIT.P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEAL NO.596/2021 AND CONNECTED
CASES DATED 18.2.2021
EXHIBIT.P4 TRUE COPY OF THE COMPLAINT DATED 29.06.2018
BEFORE THE 1ST PETITIONER.
EXHIBIT.P5 TRUE COPY OF STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT.P6 TRUE COPY OF THE AFFIDAVIT DATED 29.10.2018
EXHIBIT.P7 TRUE COPY OF THE PETITION DATED 29.10.2018.
EXHIBIT.P8 TRUE COPY OF THE MINUTES DATED 1.1.2019
EXHIBIT.P9 TRUE COPY OF THE JUDGMENT IN WPC.26995/19
DATED 22.11.2019 OF THIS HONBLE COURT
EXHIBIT.P10 TRUE COPY OF NOTICE DATED 4.10.2021.
EXHIBIT.P11 TRUE COPY OF THE DEPOSITIONS AND DOCUMENTS.
EXHIBIT.P12 TRUE COPY OF THE ORDER NO.ASC (P)/
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 139 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
77/18/HO/TVPM/MBBS/KMC DATED 5.11.2021 WITH
ERRATUM DATED 10.11.2021.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 140 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.6200/2022
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HONBLE
SUPREME COURT IN SLP (C) NO.23225/2018
DATED 29.08.18
Exhibit P2 TRUE COPY OF THE ORDER OF THE HONBLE
SUPREME COURT IN MA NO. 2354/18 IN SLP (C)
NO.23225/2018 DATED 4.10.2018
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEALS NO. 596/2021 AND CONNECTED
CASES DATED 18.2.2021
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 20.07.2018
BEFORE THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF STATEMENT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE AFFIDAVIT OF THE 1ST
RESPONDENT DATED 20.10.2018
Exhibit P7 TRUE COPY OF THE PETITION DATED 20.10.2018
FILED BEFORE THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT
COMMITTEE DATED 03.1.2019
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC. 26995/19
DATED 22.11.2019 OF THIS HONBLE COURT
Exhibit.P10 TRUE COPY OF NOTICE DATED.17.11.2021 ISSUED
BY THE 2ND RESPONDENT
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 141 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Exhibit P11 TRUE COPY OF THE PROOF AFFIDAVIT AND
DEPOSITION OF THE 1ST RESPONDENT
Exhibit P12 TRUE COPY OF THE ORDER NO.ASC(P)/
91/18/HO/TVPM/MBBS/KMC DTD.15.12.2021
Exhibit P13 TRUE COPY OF THE INTERIM ORDER IN WPC
NO.14970/2021 DATED 4.8.2021 OF THIS HONBLE
COURT.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE BANK STATEMENT OF THE 1ST
RESPONDENT SHOWING WITHDRAWAL OF RS.3
LAKHS.
EXHIBIT R1(B) TRUE COPY OF THE BANK STATEMENT OF HTE 1ST
RESPONDENT SHOWING WITHDRAWAL OF RS.2.55
LAKHS.
EXHIBIT R1(C) TRUE COPY OF THE BANK STATEMENT OF HTE 1ST
RESPONDENT SHOWING WITHDRAWAL OF RS.1 LAKH.
EXHIBIT R1(D) TRUE COPY OF THE BANK STATEMENT OF THE 1ST
RESPONDENT SHOWING WITHDRAWAL OF
RS.67,5000/-.
EXHIBIT R1(E) TRUE COPY OF THE BANK STATEMENT OF THE 1ST
RESPONDENT SHOWING WITHDRAWAL OF RS.1.90
LAKHS.
EXHIBIT R1(F) TRUE COPY OF THE SALE DEED OF THE PROPERTY
OF THE 1ST RESPONDENT'S WIFE.
EXHIBIT R1(G) TRUE COPY OF THE SALE DEED OF THE PROPERTY
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 142 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
OF THE 1ST RESPONDENT'S WIFE.
EXHIBIT R1(H) TRUE COPY OF THE BANK STATEMENT OF THE WIFE
OF THE 1ST RESPONDENT SHOWING WITHDRAWAL OF
RS.16.47 LAKHS.
EXHIBIT R1(I) TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V.
KANNUR MEDICAL COLLEGE AND OTHERS, 2019 (3)
SCALE 662.
EXHIBIT R1(J) TRUE COPY OF THE JUDGMENT DATED 30.6.2020
IN W.P.(C).NO.1272/2020.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 143 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
APPENDIX OF W.P(C).NO.7564/2022
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER IN
SLP(C)NO.23225/2018 DATED 29.08.2018 OF THE
HON'BLE SUPREME COURT
Exhibit P2 TRUE COPY OF THE ORDER DATED 04.10.2018 IN
M.A.NO.2354/2018 IN S.L.P(C)NO.23225/2018
OF THE HON'BLE SUPREME COURT
Exhibit P3 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL
NO.596/2021 AND CONNECTED CASES DATED
18.02.2021 OF THE HON'BLE SUPREMENT COURT
Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED
13.03.2021, FILED BY THE FATHER OF THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER
NO.ASC(P)91/18/HO/TVPM/MBBS/KMC DATED
21.04.2021 OF TEH 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 19.11.2020
OF THIS HON'BLE COURT IN W.P.
(C)NO.34904/2019 OF THIS HON'BLE COURT
Exhibit P7 TRUE COPY OF THE ADMIT CARD DATED
03.09.2018 ISSUED BY THE ACS MEDICAL
COLLEGE FOR THE BATCH 2018-19 TO THE
PETITIONER
Exhibit P8 TRUE COPY OF THE PROFORMA CONTAINING
DETAILS OF THE AMOUNT TO BE PAID AT THE
TIME OF ADMISSION
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 144 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
Exhibit P9 TRUE COPY OF THE FEE RECEIPT DATED
26.08.2018 AMOUNTING TO RS.10 LAKHS
Exhibit P10 TRUE COPY OF THE FEE RECEIPT DATED
26.08.2018 AMOUNTING TO RS.3 LAKHS
Exhibit P11 TRUE COPY OF THE FEE RECEIPT DATED
26.08.2018 AMOUNTING TO RS.1 LAKH
Exhibit P12 TRUE COPY OF THE FEE RECEIPT DATED
26.08.2018 AMOUNTING TO RS.5 LAKHS
Exhibit P12(a) TRUE COPY OF THE CHALAN RECEIPT DATED
03.11.2018 AMOUNTING TO RS.2 LAKHS PAID BY
THE PETITIONER TO ACS MEDICAL COLLEGE &
HOSPITAL
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
