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Dr.P.V.Govindan Nair vs The Principal, Government ...
2022 Latest Caselaw 9319 Ker

Citation : 2022 Latest Caselaw 9319 Ker
Judgement Date : 10 August, 2022

Kerala High Court
Dr.P.V.Govindan Nair vs The Principal, Government ... on 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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