Kerala High Court
Amal Nasim.M vs Kerala University Of Health ... on 20 December, 2022
WP(C) No.28714/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Tuesday, the 20th day of December 2022 / 29th Agrahayana, 1944
WP(C) NO. 28714 OF 2022(L)
PETITIONERS:
1. AMAL NASIM.M. AGED 22 YEARS S/O NASSAR M, MULAYANKAY HOUSE, SULTHAN
BATHERY WAYANAD, KERALA PIN: 673592
2. HANA SHAMS, AGED 22 YEARS D/O SHAMES, CITADEL AZAD NAGAR,
VADAKKEVILA PO,KOLLAM DISTRICT, PIN:691 010
3. MUHAMMED SHIRAS P, AGED 23 YEARS S/O IBRAHIM, PONNANDI
HOUSE,KOTTARAKKUNNU PO, VARAMBETTA, WAYANAD PIN: 670731
4. MUKUL DESH, S/O.ANIL KUMAR, AGED 22 YEARS KURUKANTHARA HOUSE,
POOOYAPILLY, VADAKEKARA PO,N PARAVOOR, ERNAKULAM DISTRICT,
PIN:683522
5. THUSHAR SS, AGED 22 YEARS S/O ASMA,RAJEEVAM,CRA-29,TC 17/3997,
NALANDA LANE,PATTOM PO,THIRUVANTHAPURAM,PIN:695004
6. DEEPAK KUNDU, AGED 22 YEARS S/O RAJKUMAR,NEAR WATER TANK, VPO,
GURAITHI,ROHTAK, ROHTAK DISTRICT, HARYANA PIN:124514
7. ASMA MAOROOF, AGED 22 YEARS S/O SAJINA MAOROOF, VILAKKATHOI HOUSE,
PERINTHALMANNA,MALAPPURAM DISTRICT,PIN:679322
8. APARNA SIVA, AGED 22 YEARS D/O SIVAPPU P,KANNIPURAM, MAILATTY,
PANATHUR PO,KASRKODE DISTRICT, KERALA, PIN:671532
9. ANSIL SIRAJ PS, AGED 22 YEARS S/O SAJU ABDUL KHADER, VRR
94,CHIYYERAM, VALENCE,KANIMANGALAM PO,THRISSUR DISTRICT,
KERALA,PIN:680027
10. AJAY THILAKAN, AGED 22 YEARS S/O AJITHA G, VETTAPARABATHU HOUSE,
KALAVOOR PO, ALAPPUZHA, 688522
11. AKHIL ARJUN, AGED 22 YEARS S/O BABY, PUTHENVEETIL HOUSE, ADINADU
SOUTH, KATTILKADAVU PO KARUNAGAPPALLY PIN: 690542
12. GODRIN THOMAS, AGED 22 YEARS S/O SHANCY BABY, KOCHAKUVELIYIL HOUSE,
VAYALAR, ALAPUZHA KERALA PIN: 688524
13. SHASNA SHIBINI CK, AGED 22 YEARS D/O MUNEER CK, CHELAKODAN HOUSE,
CHEMRAKATTOOR PO, AREEKODE, MALAPURAM PIN: 673639
14. SHIFANA SHARAF, D/O SHARAF, KARIMBALAYIL HOUSE, VAZHAPURAM PO,
PALAKAD, PIN: 678595
15. ANUPAMA RAJ, D/O AJITHA KUMARI, AGED 22 YEARS, ANU BHAVAN,
KODIKKONAM, KAITHODE P.O, NILAMEL KOLLAM DISTRICT, PIN:691535
16. PRINCE THOMAS, S/O THOMAS, KAPPIL HOUSE, KURUVILASSERY P.O, MALA,
TRISSUR DISTRICT, KERALA,680732
RESPONDENTS:
1. KERALA UNIVERSITY OF HEALTH SCIENCES,MEDICAL COLLEGE POST,
TRISSUR-680 596 REPRESENTED BY IT'S REGISTRAR
2. THE CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY OF HEALTH
SCIENCES, MEDICAL COLLEGE POST, TRISSUR 680 596
3. THE BOARD OF ADJUDICATION OF STUDENTS GRIEVANCES KERALA UNIVERSITY
OF HEALTH SCIENCES, MEDICAL COLLEGE POST, TRISSUR 680 596,
WP(C) No.28714/2022 2/3
REPRESENTED BY IT'S CHAIRMAN
4. NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS SECRETARY, POCKET
14, SECTOR 8, DWARAKA, PHASE 1, NEW DELHI 110 077
5. UNION OF INDIA,MINISTRY OF HEATH DEPARTMENT OF HEALTH AND FAMILY
WELFARE 3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI -
110 001, REPRESENTED BY IT'S SECRETARY
6. THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT
OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
7. THE PRINCIPAL,GOVERNMENT MEDICAL COLLEGE,MANJERI. VELLARANGAL,
MANJERI, PIN:676121
8. THE PRINCIPAL,GOVERNMENT MEDICAL COLLEGE, KOTTAYAM
GANDHINAGAR,AARPPOOKKARA, KOOTTAYAM, PIN:686008
9. THE PRINCIPAL,GOVERNMENT MEDICAL COLLEGE, THIRUVANTHAPURAM ULLOOR,
SAT HOSPITAL MEDICAL COLLAGE JUNCTION, CHALAKKUZHAI,
THIRUVANTHAPURAM, PIN:695011
10. THE PRINCIPAL,AZEEZIA INSTITUTE OF MEDICAL SCIENCE & RESEARCH,
KOLLAM, ADICHANALLOOR, KOLLAM, PIN:691573
11. THE PRINCIPAL,AL AZHAR MEDICAL COLLEGE AND SUPER SPECIALITY
HOSPITAL, EZHALLOOR, THODUPUZHA,KUMARAMANGALAM,PIN:685605
12. THE PRINCIPAL TD MEDICAL COLLEGE, ALAPPUZHA VANDANAM,ALAPPUZHA
DISTRICT, PIN:688005
13. THE PRINCIPAL DR. SOMERVELL MEMORIAL CSI MEDICAL COLLAGE KARAKONAM
PARASSALA, VALLARADA ROAD, KARAKONAM,PIN:695504
14. THE PRINCIPAL PK DAS INSTITUTE OF MEDICAL SCIENCE, PALAKKAD
VANIYAMKULAM, OTTAPPALAM, KERALA, PIN:679522
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to order or direction to the 4th respondent consider and pass
orders on Exhibit P19 representation made by the petitioners till pending
disposal of above writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
29.11.2022 and upon hearing the arguments of M/S M.R.ABHILASH,
A.SREEPRIYA, V.VISAL AJAYAN Advocates for the petitioners, Advocate P
SREEKUMAR for respondent 1 to 3, SRI.TITUS MANI VETTOM, SC, for respondent
4, MANU S., DSG OF INDIA for respondent 5 and GOVERNMENT PLEADER for
respondent 6, the court passed the following:
WP(C) No.28714/2022 3/3
ORDER
Noticing the fact that the Hon'ble Supreme court has already
admitted an SLP against the judgment of the Delhi High Court,I am of the
view that petitioners can be given a limited latitude.
Resultantly, the KUHS is directed to permit petitioners to remit fee
for the first professional MBBS course.
Needless to say, petitioners will be entitled to write the
examinations also, however, provisionally and results will be published
only after obtaining orders from this Court.
I am persuaded to the afore course also because the Hon'ble Supreme
court has passed several orders during the Covid-19 pandemic time
extending the periods of limitation and it is a question to be
decided whether such would come to the aid of petitioners herein also,
though I do not propose to say it affirmatively at this stage.
Sd/- DEVAN RAMACHANDRAN, JUDGE
20-12-2022 /True Copy/ Assistant Registrar
