Edhukrishanan L. S vs National Medical Commission
2023 Latest Caselaw 459 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                      WP(C) NO. 41250 OF 2022
PETITIONER:

          EDHUKRISHANAN L. S, AGED 29 YEARS
          S/O. SURENDRAN KARATTU, WHITE HOUSE, MOORIYAD P. O.,
          KUTHUPARAMBA, THALASSERY, KANNUR, PIN - 670643

          BY ADVS.
          VAISAKHI V.
          BABU KARUKAPADATH
          M.A.VAHEEDA BABU
          P.U.VINOD KUMAR
          ARYA RAGHUNATH
          T.M.MUHAMMED MUSTHAQ
          AJWIN P LALSON
          P.LAKSHMI
          AYSHA E.M.


RESPONDENTS:
     1     NATIONAL MEDICAL COMMISSION
           POCKET - 14, SECTOR-8, DWARA PHASE-1, NEW DELHI , PIN -
           110077

    2     KERALA UNIVERSITY OF HEALTH SCIENCES
          REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAAVU,
          THRISSUR , PIN - 680596

    3     KANNUR MEDICAL COLLEGE
          REPRESENTED BY ITS PRINCIPAL, ANJARAKANDI P O, KANNUR ,
          PIN - 670612
    4     SREE GOKULAM MEDICAL COLLEGE AND RESEARCH FOUNDATION
          REPRESENTED BY ITS PRINCIPAL, THIRUVANANTHAPURAM, PIN -
          695607

          BY ADV TITUS MANI VETTOM

          SMT PARVATHY K -GP; SRI P SREEKUMAR-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41250 OF 2022
                                2



                             JUDGMENT

When this matter was called today,

Sri.P.Sreekumar - learned Standing Counsel for

the Kerala University of Health Sciences

(KUHS), submitted that, in terms of the various

interim orders issued by this Court, the

petitioner has already been allowed to join

the 4th respondent - Medical College and that

he is pursuing his studies there. He added that

the petitioner's eligibility to write the

examinations will also be decided taking note

of his attendance and other necessary

requirements; and that, if so required, he can

approach the College and the University

appositely for any condonation, as may be found

warranted, which will be considered with

empathy, taking note of the pendency of this

writ petition and the controversy projected. WP(C) NO. 41250 OF 2022

Recording the afore submissions of

Sri.P.Sreekumar, I close this writ petition,

leaving liberty to the petitioner to approach

either the College or the University for any

other purpose - including for condonation of

shortage of attendance, if so required; with a

direction to the said Authority to consider it

with the empathy that he deserves, taking note

of the fact that he has been put to prejudice

for no reason that can be really attributed to

them.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 41250 OF 2022

APPENDIX OF WP(C) 41250/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE LIST OF RELEVANT PORTION OF THE LIST OF STUDENTS OF THE 3RD RESPONDENT COLLEGE TRANSFERRED TO VARIOUS SELF FINANCING MEDICAL COLLEGES, PRODUCED IN WP(C) NO. 18595/2022

Exhibit P2 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19/10/2022 EVIDENCING HIS ILLNESS

Exhibit P3 A TRUE COPY OF THE RELEVANT PORTION OF THE DISCHARGE SUMMARY OF THE PETITIONER ISSUED FROM ASTER MIMS HOSPITAL, KANNUR

Exhibit P4 A TRUE COPY OF THE RELIEVING ORDER DATED 20/09/2022 RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT COLLEGE

Exhibit P5 A TRUE COPY OF THE REQUEST DATED 27/10/2022 SENT BY THE PETITIONER BEFORE THE 4TH RESPONDENT ALONG WITH PROOF OF DELIVERY