The Medical Director vs Kerala University Of Health ...
2022 Latest Caselaw 3251 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
    THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                             &
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                   WP(C) NO. 5973 OF 2022


PETITIONER:

          THE MEDICAL DIRECTOR
          KANNUR MEDICAL COLLEGE,
          ANJARAKKANDY P.O.,
          KANNUR-670612.
          BY ADVS.
          KURIAN GEORGE KANNANTHANAM (SR.)
          TONY GEORGE KANNANTHANAM
          THOMAS GEORGE



RESPONDENTS:

    1     KERALA UNIVERSITY OF HEALTH SCIENCES
          REPRESENTED BY ITS REGISTRAR,
          MEDICAL COLLEGE P.O., TRICHUR-680596.


    2     THE STATE OF KERALA
          REP. BY ITS SECRETARY TO GOVT.,
          HEALTH & FAMILY WELFARE DEPARTMENT,
          SECRETARIAT ANNEX,
          THIRUVANANTHAPURAM-695001.


    3     THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
          5TH FLOOR, K.S.H.B. BUILDING,
          THIRUVANANTHAPURAM-695001.


*ADDL.R4 THE NATIONAL MEDICAL COMMISSION (N.M.C),
         REPRESENTED BY ITS SECRETARY,
         POCKET 4, PHASE 1, DWARAKA,
 WP(C)No.5973 of 2022
                                           2

               SECTOR 8, NEW DELHI - 110 001.

               [*ADDL.R4 IS IMPLEADED AS PER ORDER DATED
               02/03/2022 IN I.A:1/22 IN WP(C) 5973/22]
               BY ADVS.
               R1 SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
               HEALTH SCIENCES
               R4 BY SRI.TITUS MANI
               R2 AND R3 BY SRI.P.G.PRAMOD, GOVERNMENT
               PLEADER(GP-50)



        THIS     WRIT    PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON    18.03.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C)No.5973 of 2022
                                                       3


                                      JUDGMENT

Mohammed Nias.C.P., J.

The above writ petition is filed inter alia to direct the first respondent

University to re-consider the issue of grant of extension of affiliation to the petitioner

Medical College for the year 2021-2022. By order dated 10.03.2022 we had directed

respondents 1, 2 and 4 namely, Kerala University of Health Sciences, State of Kerala and

the National Medical Commission respectively, to file an affidavit clearly specifying

what steps the said respondents would require the petitioner to take to ensure that the

petitioner college has necessary infrastructure facilities and other requirements as

contemplated in the regulations concerned for imparting instructions to the students

admitted to the MBBS Course in the petitioner institution. We also found that unless a

satisfactory report with regard to the same is obtained from the respondents, this Court

will not be in a position to consider grant of the reliefs sought in the writ petition.

Respondents 1, 2 and 4 were directed to file an affidavit as mentioned above on or before

30.03.2022 and the case was posted to 31.03.2022.

The learned senior counsel for the petitioner mentioned before us on

17.03.2022 seeking permission to withdraw the writ petition so as to approach the

Hon'ble Supreme Court for appropriate reliefs. Accordingly, we posted the writ petition

today and permission is granted to withdraw the above writ petition without prejudice to

the right of the petitioner to move the Hon'ble Supreme Court for appropriate reliefs.

Sd/-

A.K.JAYASANKARAN NAMBIAR, JUDGE

Sd/-

MOHAMMED NIAS C.P., JUDGE dlk 18.3.2022