Citation : 2023 Latest Caselaw 7852 Ker
Judgement Date : 26 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
W.P.(C) NO.22857 OF 2019
PETITIONERS:
1 BASIMA.C., AGED 19 YEARS,
D/O.ABDUL HAMEED, POTTAMMAL HOUSE, AIKKARAPPADI,
AIKKARAPPADI P.O., MALAPPURAM-673 637.
2 AJANYA .K., D/O. BABU .K., KUYYADIYIL HOUSE,
ERAVANNUR P.O., NARIKKUNI VIA, KOZHIKODE-673 585.
3 GOPIKA T.D., D/O. DILEEP KUMAR T.D., THATHAMATH HOUSE,
VENNOOR PADAM, ANNAMANADA P.O., THRISSUR-680 741.
4 SNEHALAKSHMI P.K., D/O.SADANANDAN P.K.,
POTTANKAVIL HOUSE, KANNADIPOYIL P.O.,
BALUSSERRY VIA, KOZHIKODE-673 612.
BY ADVS.
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
SMT.THULASI K. RAJ
SMT.RIYA RAYMOL IYPE
RESPONDENTS:
1 HEAD OF THE DEPARTMENT, DEPARTMENT OF PHARMACEUTICAL
SCIENCE, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM-686 008.
2 GOVERNMENT MEDICAL COLLEGE,
REPRESENTED BY THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, GANDHI NAGAR,
KOTTAYAM-686 008.
2
W.P.(C) No.22857 of 2019
3 PRINCIPAL, GOVT. MEDICAL COLLEGE, GANDHI NAGAR,
KOTTAYAM-686 008.
4 KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES
(KUHAS), REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE P.O., THRISSUR, KERALA-680 596
5 ADDL.R5.THE DIRECTOR OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM.
6 ADDL.R6.STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HEALTH AND WELFARE DEPARTMENT,
THIRUVANANTHAPURAM.
(ADDL.R5 AND R6 ARE SUO-MOTU IMPLEADED AS PER ORDER
DATED 04/09/2019).
BY ADVS.
SRI.P.SREEKUMAR, SC,
KERALA UNIVERSITY HEALTH AND ALLIED SCIENCE
GOVERNMENT PLEADER, SRI. V.K. SUNIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P.(C) No.22857 of 2019
JUDGMENT
(Dated: 26th July, 2023)
The writ petition is filed by four B.Pharm students studying at
Government Medical College Hospital, Kottayam. They are
aggrieved by the inaction on the part of the 3 rd respondent to
provide adequate hostel facilities.
2. The total number of students studying under the
Department of Pharmaceuticals, Government Medical College,
Kottayam, comes to around 318, of which 80% are female students.
Though there are two hostels under the control of the 3 rd
respondent exclusively for girls, the students of the
Pharmaceutical Department are denied hostel facilities. The PTA
(Parent-Teachers Association) conducted a meeting on 30.10.2018
and decided that within four months, all the pharmacy students
would be accommodated in the hostel or in any other building taken
W.P.(C) No.22857 of 2019
on rent with the permission of the Government. But due to the
inaction on the part of the respondents, even the decision taken in
the PTA meeting is not implemented. Therefore, they approached
this Court and filed this writ petition.
On 04.09.2019, this Court passed an interim order, in which
the 3rd respondent was directed to see that the available
accommodation is provided to B.Pharm students. The counsel for
the petitioner submits that the petitioner would be satisfied if the
interim order is made absolute. Therefore, the interim order dated
04.09.2019 is made absolute.
The writ petition is disposed of.
Sd/-
BASANT BALAJI, JUDGE
ss
W.P.(C) No.22857 of 2019
APPENDIX OF WP(C) 22857/2019
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES ORDINANCE, 2009.
EXHIBIT P2 TRUE COPY OF THE DECISION TAKEN IN THE PTA MEETING HELD ON 30.10.2018.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 20.8.2019 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.
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