Citation : 2022 Latest Caselaw 9319 Ker
Judgement Date : 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 25553 OF 2022
PETITIONER:
DR.P.V.GOVINDAN NAIR
S/O. MELOTH KUNHAMBU NAIR, GOPIKA, SASTHANAGAR,
AYYAPPAMKAVU ROAD, THIRUVAMBADY P.O. THRISSUR
DISTRICT - 680022.
BY ADV P.BHASKARAN
RESPONDENT:
THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, ULLOOR - AKKULAR RD,
NEAR SAT HOSPITAL MEDICAL COLLEGE JUNCTION,
CHALAKKUZHI, THIRUVANANTHAPURAM, KERALA 695011.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C) No. 25553 of 2022.
JUDGMENT
Dated this the 10th day of August, 2022.
The petitioner states that he is the father of
Sri.Sandeep Govindan Nair, who is presently working
abroad. He says that his son's name, unfortunately, has
been shown as Sri.Sandeep G. Nair in Ext.P2 "Course and
Conduct Certificate" issued by the Medical College,
Thiruvananthapuram; and that this has now put an
impediment in obtaining Ext.P5 Award.
2. The petitioner submits that, he, therefore,
requested the competent respondent, through Ext.P4, to
issue a fresh "Course and Conduct Certificate" in the
name of his son, showing as Sri.Sandeep Govindan Nair,
W.P.(C) No. 25553 of 2022.
but that this has not been acceded to yet. He, therefore,
prays that respondent be directed to issue a new
"Course and Conduct Certificate" favouring his son,
describing him as Sri.Sandeep Govindan Nair, within a
time frame to be fixed by this Court.
3. The afore request of Sri.P.Bhaskaran - learned
counsel for the petitioner, was answered by
Smt.Parvathy K., learned Government Pleader, saying
that Ext.P4 application is not in the prescribed format.
She added that, in any event, the petitioner's request
cannot be considered on its merits by the respondent,
because the relevant documents - including the originals
of the SSLC Book, Passport and the Registration
Certificate under the Tranvancore - Cochin Medical
Council Act - have not been produced. She, therefore,
prayed that petitioner or his son be directed to make a
W.P.(C) No. 25553 of 2022.
proper application, accompanied by the afore
documents, so that it can be considered and disposed of
as per law.
4. Sri.P.Bhaskaran, at this time, intervened to say
that since his client's son is abroad, it will be impossible
for him to produce the original Passport; while the other
two aforementioned documents are in his custody. He
submitted that his client is willing to produce self
attested copies of the afore documents, with an
undertaking in the form of an affidavit, vouching its
authenticity.
5. When I evaluate and consider the afore
submissions, the only aspect which this Court require to
be concerned about is whether the name of the
petitioner's son is indeed Sandeep Govindan Nair. In
Ext.P2 course certificate, it has been shown as Sandeep
W.P.(C) No. 25553 of 2022.
G.Nair; while in Ext.P1 SSLC Book, his initial has been
expanded as "Govindan". Prima facie, therefore, there
cannot be a suspicion that the name of the petitioner's
son is not Sandeep Gonvindan Nair.
6. In the afore perspective, I do not see why the
respondent should stand in the way of an appropriate
new "Course and Conduct Certificate" being issued,
provided the original of the earlier one, namely Ext.P2, is
surrendered.
In the afore circumstances, I dispose of this writ
petition with the following directions:
(a) The petitioner, or his son will make an
application in the prescribed format, along with the
attested copies of the SSLC Book, Passport and the
Certificate from the Travancore Cochin Medical Council of
the latter; as also an affidavit to be sworn by either of
W.P.(C) No. 25553 of 2022.
them certifying its authenticity.
(b) On the afore documents and the affidavit being
placed before the respondent, said Authority will issue a
new "Course and Conduct Certificate", showing the name
of the petitioner's son as being Sandeep Govindan Nair,
after retaining the original of Ext.P2 which will be
produced before him by the petitioner or his son.
Sd/-
DEVAN RAMACHANDRAN JUDGE
Raj.
10.08.2022.
W.P.(C) No. 25553 of 2022.
APPENDIX OF WP(C) 25553/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SSLC CERTIFICATE DATED 30-03.1996.
Exhibit P2 TRUE COPY OF THE COURSE AND CONDUCT CERTIFICATE ISSUED BY THE RESPONDENT TO THE PETITIONER'S SON DATED 20-05- 2008.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF PASSPORT OF THE PETITIONERS SON DATED 27-04-2017.
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 05-08-2022.
Exhibit P5 TRUE COPY OF THE ARTICLE PUBLISHED IN DEXURE DATED NIL SHOWING GRANT OF AWARD TO THE PETITIONER'S SON FOR THE YEAR 2021.
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