Citation : 2022 Latest Caselaw 12404 Ker
Judgement Date : 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 42594 OF 2022
PETITIONER:
KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT
ASSOCIATION
OFFICE OF THE SECRETARY,
MALABAR MEDICAL COLLEGE CAMPUS,
MODAKKALLUR P.O.
ATHOLI,
KOZHIKODE
PIN-673315
REPRESENTED BY ITS SECRETARY
BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
GREESHMA CHANDRIKA.R
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAVAN, NEAR UDYOG BHAVAN METRO
STATION, MOULANA AZAD ROAD, NEW DELHI-110 011
REPRESENTED BY SECRETARY TO GOVERNMENT
2 STATE OF KERALA
DEPARTMENT OF HEALTH AND FAMILY WELFARE
SECRETARIAT,
THIRUVANANTHAPURAM,
REPRESENTED BY THE SECRETARY, PIN - 695001
3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
HOUSING BOARD BUILDINGS,
SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001
SMT PARVATHY K-GP; SRI MANU S-DSGI
SRI.P.SREEKUMAR-SC
W.P (C) No.42594/22
..2..
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.42594/22
..3..
JUDGMENT
The petitioner - Kerala Private Medical College
Management Association, singularly seeks that the
representation preferred by them before the Union of India - a
copy of which has been produced as Ext.P1, be ordered to be
taken up and dipsosed of by its competent Authority, within a
time frame to be fixed by this Court.
2. In response to the afore request of the petitioner, as
made by their learned counsel - Sri.Vinod Bhat , the learned
Central Government Counsel - Smt.S.Krishna, submitted that, if
the petitioner only requires Ext.P1 to be taken up and
disposed of, there does not appear to be any legal
impediment for the respondent in doing so; but prayed
that this Court may not make any affirmative declarations
in their favour and leave it to the said respondent to take
an apposite decision thereon, as per law.
Taking note of the afore, I allow this writ petition and
direct the competent Authority of the 1 st respondent to take up
Ext.P1 representation and dispose of the same, after affording W.P (C) No.42594/22 ..4..
the Secretary of the petitioner an opportunity of being heard,
as also to any other entity or persons who may be necessary to
be heard; thus culminating in an appropriate order and
necessary action thereon, as expeditiously as is possible, but
not later than one month from the date of receipt of a copy of
this judgment.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ACR W.P (C) No.42594/22 ..5..
APPENDIX OF WP(C) 42594/2022
PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REPRESENTATION DATED 17-12-2022 .
Exhibit P2 THE TRUE COPY OF THE DOCUMENT DATED 12-10-2022 WHICH EVIDENCE THAT THE 1ST RESPONDENT HAS LOWERED THE QUALIFYING PERCENTILE FOR NEET-PG (MEDICAL/ DENTAL).
Exhibit P3 THE TRUE COPY OF THE DOCUMENT DATED 17-10-2022, WHICH EVIDENCE THAT THE 1ST RESPONDENT HAS LOWERED THE QUALIFYING PERCENTILE FOR NEET-PG (MEDICAL/ DENTAL).
Exhibit P4 THE TRUE COPY OF THE DOCUMENT DATED 19-10-2022 ,WHICH EVIDENCE THAT THE 1ST RESPONDENT HAS LOWERED THE QUALIFYING PERCENTILE FOR NEET-PG (MEDICAL/ DENTAL).
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