Kerala High Court
Mes Medical College vs State Of Kerala on 12 June, 2023
WP(C) No.18336/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Monday, the 12th day of June 2023 / 22nd Jyaishta, 1945
WP(C) NO. 18336 OF 2023
PETITIONER:
MES MEDICAL COLLEGE PALACHODU POST, MALAPARAMBA, PERINTHALMANNA,
MALAPPURAM DISTRICT- 679338, REPRESENTED BY ITS DEAN, DR. GIRISH
RAJ.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE
DEPARTMENT OF HIGHER EDUCATION (G), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695001.
2. NATIONAL MEDICAL COMMISSION, POCKET NO. 14, SECTOR 8, DWARAKA PHASE
1, NEW DELHI, PIN - 110077, REPRESNTED BY ITS CHAIRMAN.
3. KERALA UNIVERSITY OF HEALTH SCIENCES, MULANKUNNATHUKAAVU, THRISSUR -
680596, REPRESENTED BY ITS REGISTRAR.
4. THE DIRECTOR OF HEALTH SCIENCES, DIRECTORATE OF HEALTH SERVICES,
GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM - 695035.
5. COMMISSIONER OF ENTRANCE EXAMINATION, OFFICE OF THE COMMISSIONER OF
ENTRANCE EXAMINATION, FIFTH FLOOR, SANTHI NAGAR, THIRUVANANTHAPURAM
- 695001.
6. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE POST,
THIRUVANANTHAPURAM- 695001.
7. KANNUR MEDICAL COLLEGE, ANJARAKANDY POST, KANNUR - 670612,
REPRESENTED BY ITS PRINCIPAL.
8. FATHIMA ZAHARA MP, D/O. MANU C.P., FATHIMAS, KEEZHALLUR POST, KANNUR
- 670612.
9. ANAGHA P., D/O. SANKARAN P, PADINJARAN HOUSE, KAITHAPRAM,
MATHAMANGALM POST, KANNUR- 670595.
10. FAIZ MANZOOR AHMED, CHUNGASSERI MANZIL, PULIMANN JUNCTION,
KARUNAGAPALLY P.O., KOLLAM - 690518.
11. PARTH RAMESH, SAMARPANAM, MOONAMPEEDIKA, PAYAMBALAM.P.O. KANNUR-
670001.
12. CHRISTIANA SHAJI, PUNCHAKONAM TC-10/387(3), MANNANTHALA, MUKKOLAKKAL
P.O., TRIVANDRUM - 695043.
13. DELNA JOSE, PATHRAPANKAL HOUSE, ELAMGULAM, KOORALI.P.O., KOTTAYAM -
686522.
14. DEEPA B.V., TC 14/1081 DEEPA BHAVAN, PAROTTUKONAM, NALLACHIRA P.O.,
TRIVNADRUM- 695015.
15. FATHIMA SHANI.V.K, NADEERA MANZIL, AYANCHERY, AYANCHERY P.O.,
KOZHIKODE- 673541.
16. SHANA PARVEEN, SUBAIDAS, KARICHARA, PALLIPPURAM, PALLIPPURAM P.O.,
TRIVANDRUM-695316.
17. IBRAHIM SHAKIR.C., CHANAPARAMBIL HOSUE, CENTRAL BAZAR, KODINHI P.O.,
MALAPPURAM- 676309.
18. SHAFEER BABU, PARIYARATH HOUSE, VALNCHERY, PAINKANNUR P.O.,
WP(C) No.18336/2023 2/5
MALAPPURAM-679571.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Exhibit P9, pending
disposal of the Writ Petition (C).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
07.06.2023 and upon hearing the arguments of M/S E.C.AHAMED FAZIL,
K.M.FIROZ and P.MOHAMMED SABEER, Advocates for the petitioner, GOVERNMENT
PLEADER for R1, R4, R5, R6, STANDING COUNSEL for R2 and of
SRI.P.SREEKUMAR, Advocate for R3, the court passed the following:
p.t.o
WP(C) No.18336/2023 3/5
GOPINATH P., JUDGE.
---------------------------------------------------------
W.P.(C)No.18336 of 2023
-----------------------------------------------------------
Dated this the 12th day of June, 2023
ORDER
The learned counsel appearing for respondents 8, 9, 10 and 12
to 18 would submit that the issue arising for consideration in this
case is closely related to the directions issued by this Court in
Ext.P8 judgment in W.P.(C)No.18595/2022 and connected cases.
It is submitted that the aforesaid respondents are proposing to file
applications in the disposed of writ petitions seeking further
directions in the matter.
2. The learned counsel for the petitioner also has no
objection in this matter being listed for consideration along with
Interlocutory Applications to be filed in the disposed of matter.
The learned counsel for the petitioner would, however, submit that
urgent instructions are necessary from the 2 nd respondent (National
Medical Commission) and the Government as the request of the
party respondents represented by Adv.Vahida Babu is that those
students may be permitted to undergo House Surgency in
Government Medical Colleges or in District Government Hospitals.
Therefore, while adjourning this matter to be listed along with the
Interlocutory Applications proposed to be filed in
W.P.(C)No.18595/2022 and connected cases, I also direct the
WP(C) No.18336/2023 4/5
learned Government Pleader and the learned Standing Counsel
appearing for the 2nd respondent (National Medical Commission) to
obtain urgent instructions.
Post on 16.6.2023.
sd/-
GOPINATH P.
JUDGE
acd
12-06-2023 /True Copy/ Assistant Registrar
WP(C) No.18336/2023 5/5
APPENDIX OF WP(C) 18336/2023
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 24.1.2023 IN WP(C) NO.
18595 OF 2022 AND CONNECTED WRIT PETITIONS PASSED BY
HON'BLE HIGH COURT OF KERALA
Exhibit P9 TRUE COPY OF THE CIRCULAR DATED 02.05.2023 HAVING
NO.18836/2020/ACI/ MED/A3/KUHS ISSUED BY THE REGISTRAR,
KERALA UNIVERSITY OF HEALTH SCIENCES
12-06-2023 /True Copy/ Assistant Registrar
