The Manager vs Dr.Smitha.M
2022 Latest Caselaw 7770 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                   &

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944

                           WA NO. 534 OF 2022

 INTERIM ORDER DATED 01.02.2022 AND 04.04.202 IN WP(C) 3040/2022 OF HIGH

                            COURT OF KERALA

APPELLANTS/RESPONDENTS 4 & 5 IN WPC:
     1     THE MANAGER
           SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM,
           THIRUVANANTHAPURAM-695 020.
     2     THE PRINCIPAL,
           SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM,
           THIRUVANANTHAPURAM-695 020.
           BY ADVS.
           P.M.SANEER
           TONY GEORGE KANNANTHANAM

RESPONDENTS: PETITIONER & RESPONDENTS 1 TO 3 IN W.P.(C):
     1    DR.SMITHA.M
          W/O. KOMALA KUMARAN M., TUTOR, SREE VIDHYADHIRAJA
          HOMOEOPATHIC MEDICAL COLLEGE, NEMOM,
          THIRUVANANTHAPURAM, NOW RESIDING AT TC 16/4306/2,
          DANATHUVILIAYIL, KALATHIL LANE, MURINJAPALAM MEDICAL
          COLLEGE P.O., THIRUVANANTHAPURAM-695 011.
     2     STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
           HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
     3     THE PRINCIPAL & CONTROLLING OFFICER,
           GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM,
           MANACAUD P.O., THIRUVANANTHAPURAM-695 009.
     4     THE REGISTRAR,
           KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR-680 596.
           BY ADVS.
           R1 BY SRI. PIRAPPANCODE V.S.SUDHEER
           SRI. K.P. HARISH, SR. GOVERNMENT PLEADER (B/O)
           SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES
           AKASH S.(K/980/2008)
           A.MEGHA(K/000488/2018)

      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.06.2022, THE

     COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A. No. 534/2022                    :2:



              Dated this the 28th day of June, 2022.

                             JUDGMENT

S. MANIKUMAR,CJ.

Challenging the interim orders dated 01.02.2022 and

04.04.2022 passed by the writ court in W.P.(C) No. 3040 of 2022, this

appeal is filed by the Manager and Principal of Sree Vidhyadhiraja

Homoeopathic Medical College, respondent Nos. 4 and 5 in the writ

petition.

2. Before the writ court, respondent No.1/writ petitioner has

sought for the following reliefs:

1. Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to the issuance of Ext. P15 and quash the same.

2. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 5th respondent to forthwith issue the No Objection Certificate to the petitioner for doing her Part Time Ph.D programme, following her selection by the Kerala University, after having declared her rank 4th, among the candidates in Homeopathic Discipline, in the Entrance Examination conducted by the aforesaid University.

3. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 and 3 to admit the petitioner to the part Time Ph. D programme, irrespective of the non issuance of NOC, by the 5 th respondent, at the instance and instigation of the 4th respondent and again with sheer mala fide intentions.

4. Declare that the petitioner is eligible and entitled to be admitted to the Part Time Ph.D programme following her selection to the

said programme by the 3rd respondent.

3. Adverting to the pleadings, submissions and the materials on

record, writ court, vide order dated 04.04.2022, as an interim

measure, directed the Registrar, Kerala University of Health Sciences,

Thrissur - 680 596, respondent No.3, to register the writ petitioner for

part time Ph. D programme provisionally, without insisting for the

production of NOC from the Principal, Sree Vidhyadhiraa Homoeopathic

Medical College, respondent No.5. Being aggrieved, instant appeal is

filed.

4. On this day, when the matter came up for hearing, Sri. P. M.

Saneer, learned counsel appearing for the appellant, Manager, Sree

Vidyadhiraja Homeopathic Medical College, Thiruvananthapuram,

submitted that respondent No.1/writ petitioner has already been

registered in the part time Ph. D programme in Kerala University of

Health Sciences, Thrissur and he seeks adjournment of hearing of the

matter.

5. Heard the learned counsel for the appellants and perused the

materials on record.

6. Interim order dated 04.04.2022 passed by the writ court in

W.P.(C) No. 3040 of 2022 directing to register the writ petitioner for

part-time Ph.D programme itself is provisional. So also, on

26.04.2022, while admitting the writ appeal, a Hon'ble Division Bench

has made it clear that the direction in the impugned order to register

the writ petitioner for part time Ph.D Programme provisionally will not

confer any right on her, either in law or in equity.

7. Since interim orders passed in any proceedings are subject

to the outcome of the said proceedings i.e., in the instant case, W.P.(C)

No. 3040 of 2022, we are not inclined to adverting to the contentions

raised in this appeal. That apart, adverting to the above submission

that the writ petitioner is already undergoing the programme, at this

juncture, we do not want to interdict the same.

8. While declining to interfere with the interim orders dated

01.02.2022 and 04.04.2022 passed by the writ court in W.P.(C) No.

3040 of 2022, we make it clear that it is open to the appellants to seek

for early disposal of the writ petition. All tenable contentions of the

appellants are left open.

Accordingly, this writ appeal is dismissed.

sd/-

S. MANIKUMAR, CHIEF JUSTICE.

sd/-

SHAJI P. CHALY, JUDGE.

Rv