The Principal vs Sayooj Sajeevan
2022 Latest Caselaw 11258 Ker

  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA,
                            1944
                   WP(C) NO. 6452 OF 2022
PETITIONER:

           THE PRINCIPAL
           KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O,
           KANNUR, PIN - 670612
           BY ADVS.
           ABDUL RAOOF PALLIPATH
           K.R.AVINASH (KUNNATH)


RESPONDENTS:

    1      SAYOOJ SAJEEVAN
           AGED 24 YEARS
           S/O SAJEEVAN,
           VIJAY NIVAS,AROOR.P.O
           KAKKATTIL VIA, VADAKARA,
           KOZHIKODE- 673507
    2      THE ADMISSION SUPRVISORY 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 ADVS.
           T.C.GOVINDASWAMY
           SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
           COMMITTEE FOR PROF. COLLEGES
           SAJEEVAN KURUKKUTTIYULLATHIL
           KALA T.GOPI


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 6452 OF 2022
                                   2

                  DEVAN RAMACHANDRAN, J.
           -------------------------------------------
                   W.P(C) No. 6452 of 2022
           --------------------------------------------------
            Dated this the 02nd day of December, 2022

                            JUDGMENT

It is without doubt - it being uncontested - that the issues

impelled in this case, with factual and legal, have been considered

by this Court and answered in the judgment in WP(C) No.

18471/2022 and connected matters.

2. However, Sri.Abdul Raoof - learned counsel appearing

for the petitioner, vehemently argued that there is a small

difference in the facts involved in this case, with that noticed by

this Court in the afore judgments, because this is a matter in

which the student's claims were settled, even before the judgment

of the Honourable Supreme Court had been delivered, through the

'Lok Adalath'.

3. I am afraid that the afore explanation of Sri.Abdul

Raoof cannot find any favour because, as rightly argued by

Sri.T.C.Govinda Swami - learned counsel appearing for the

students, the Honourable Supreme Court had remitted the matter

to the statutory Admission Supervisory and Fee Regulatory

Committee (AFRC), to consider her claim, along with a batch

of 92 other students.

WP(C) NO. 6452 OF 2022

4. As long as the petitioner cannot show that the

case of the party respondent herein was not so remitted by

the Honourable Supreme Court to the AFRC, I cannot find

fault with their order, since they are bound to comply with it

implicitly. In fact, this is what this Court has already found in

the judgment in WP(C) No. 18471/20222 and con.cases.

In the afore circumstances, following the afore cited

judgment, I dismiss this Writ Petition, without any further orders.

Sd/-DEVAN RAMACHANDRAN, JUDGE

lsn WP(C) NO. 6452 OF 2022

APPENDIX OF WP(C) 6452/2022

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 DATED18.2.2021 Exhibit P4 TRUE COPY OF THE AWARD IN PLP 6069/2018 PASSED BY THE LOK ADALAT Exhibit P5 TRUE COPY OF THE DECLARATION OF SETTLEMENT DATED 03.07.2018 Exhibit P6 TRUE COPY OF THE EMAIL COMPLAINT OF THE 1ST RESPONDENT DATED 29.8.2018 Exhibit P7 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 14.01.2019 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 DATED 17.11.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P11 TRUE COPY OF THE AFFIDAVIT AND DEPOSITION OF THE 1ST RESPONDENT Exhibit P12 TRUE COPY OF THE ORDER NO. ASC (P) 91/18/HO/TVPM/MBBS/KMC DATED 23.12.2021 Exhibit P13 TRUE COPY OF THE REMITTANCE DATED 4.9.2018 Exhibit P14 TRUE COPY OF THE INTERIM ORDER IN WPC NO. 14970/2021 DATED 4.8.2021 OF THIS HON'BLE COURT WP(C) NO. 6452 OF 2022

RESPONDENT EXHIBITS Exhibit-R1(a) True copy of the common judgment in W.P.(C) No.13042/2020 Exhibit-R1(b) True copy of the judgment in WP(C) No.18471/2022 and connected cases

TRUE COPY

P.A TO JUDGE

LSN