Archa. S vs State Of Kerala
2023 Latest Caselaw 942 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                        WP(C) NO. 308 OF 2023
PETITIONER:

          ARCHA. S, AGED 25 YEARS
          D/O RAJAGOPALA PILLAI,
          KRISHNA KRIPA, AMBIPOIKA P.O
          KUNDARA, KOLLAM., PIN - 691501

          BY ADVS.
          S.GANESH
          PEARL K.DAVIS


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
          SECRETARY TO GOVERNMENT, HEALTH AND FAMILY
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
          PIN - 695 001

    2     KERALA UNIVERSITY OF HEALTH SCIENCES
          REPRESENTED BY THE REGISTRAR, MEDICAL
          COLLEGE P.O, THRISSUR., PIN - 680596

    3     THE NATIONAL MEDICAL COMMISSION
          REPRESENTED BY ITS CHAIRMAN
          POCKET- 14, SECTOR - 8, DWARKA PHASE -1,
          NEW DELHI., PIN - 110077

    4     ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL
          COLLEGES IN KERALA, T.C. 15/1553-4 PRASANTHI
          BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD,
          THIRUVANANTHAPURAM, REPRESENTED BY ITS
          SECRETARY.

    5     S. R. MEDICAL COLLEGE AND RESEARCH INSTITUTE
          REPRESENTED BY ITS PRINCIPAL, VENNICODE P.O
          CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT,
          AKKATHUMURI THIURUVANANTHAPURAM., PIN - 695318

    6     THE CHAIRMAN, S.R. EDUCATIONAL AND CHARITABLE TRUST
          VENNICODE P.O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR
          PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM., PIN -
          695318
 WPC 308/23
                                 2

             BY ADVS.
             TITUS MANI VETTOM
             MARY BENJAMIN
             P.M.SANEER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 308/23
                                       3




                               JUDGMENT

It is without contest that the petitioner herein is identically

situated as the petitioner in Ext.P4 judgment and that the declarations

therein would apply to the facts and legal circumstances of this case

fully.

2. I am, therefore, of the firm view that the directions in the

afore judgment must apply to the petitioner herein also.

Resultantly, this Writ Petition is allowed with the following

directions:

a) The 5th respondent - 'S.R.Medical College' would deposit

the amounts quantified by the AFRC before the said Committee

within a period of one month from the date of receipt of a copy of

this judgment.

b) The Government is directed to initiate revenue recovery

proceedings to recover the amounts covered by the orders of the

AFRC forthwith, in the event the 'S.R.Medical College' do not abide

by the directions (a) above. Such recovery action shall be continued, WPC 308/23

giving credit to any amounts that may be received by the AFRC in

terms of directions (c) and (d) below; and remitted to the AFRC

without delay, in whole or in tranches, depending up on the actual

recovery. If the said amounts or parts thereof are not recovered

within six months from the date on which Revenue Recovery

proceedings are initiated, the Government shall remit the same to the

AFRC and then proceed to recover it from the 'S.R.Medical College'

under the Revenue Recovery Act.

c) The Kerala University of Health Sciences will, after

adjustment of all liabilities of the 'S.R. Medical College', if any, remit

the security deposit to the AFRC, which shall be done not later than

two weeks from the date of receipt of a copy of this judgment.

d) The National Medical Commission (NMC) will, subject to

any liability that may be due from the 'S.R. Medical College' to

them, will return the Bank Guarantees to the 'S.R Medical College'

within a period of two weeks from today. On the Bank Guarantees

being so received by the 'S.R Medical College', they will immediately

approach the Banks and obtain back the amounts maintained as

security for its issue and remit it to the AFRC, within a period of two WPC 308/23

weeks thereafter.

e) As and when amounts are received by AFRC in terms of

the afore directions, steps will be taken to release it to the petitioner,

so that she can pay fees to the college to which she has been

transferred.

Sd/-

RR                                          DEVAN RAMACHANDRAN
                                                  JUDGE
 WPC 308/23


                  APPENDIX OF WP(C) 308/2023

PETITIONER EXHIBITS
Exhibit-P1            TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE
                      COURT IN WP © NO. 21352 OF 2020 DATED
                      04/10/2021
Exhibit-P2            TRUE COPY OF THE ORDER OF THE 4TH

RESPONDENT COMMITTEE DATED 19/07/2021 Exhibit-P3 TRUE COPY OF THE INTIMATION DATED 01/11/2021 OF THE 4TH RESPONDENT Exhibit-P4 TRUE COPY OF THE JUDGEMENT DATED 17/06/2022 OF THIS HON'BLE COURT PASSED IN WP (C) NO. 11682/2022 AND CONNECTED CASES, WHICH ARE SIMILAR TO THE CAUSE OF THE WRIT PETITIONER.