Kerala High Court
Shana Shirin K vs State Of Kerala on 13 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
WP(C) NO. 16571 OF 2023
PETITIONER/S:
SHANA SHIRIN K
AGED 28 YEARS
FINAL YEAR STUDENT BHMS BHAGAWAN BUDDHA HOMEOPATHIC
MEDICAL COLLEGE AND HOSPITAL MALLATHALLI BANGLORE -
560056 RESIDING AT KOOLIPPULAKKAL HOUSE P.O
KANNATTIPADI VENGARA, MALAPPURAM DISTRICT., PIN -
676304
BY ADVS.
A.ARUNA
JISHA SHAJI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, SECRETARIATE
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
THIRUVANANTHAPURAM, PIN - 695001
2 PRINCIPAL AND CONTROLLING OFFICER
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
THIRUVANANTHAPURAM, PIN - 695009
3 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O
THRISSUR, PIN - 680596
4 THE REGISTRAR
KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS), MEDICAL
COLLEGE P.O., THRISSUR, PIN - 680596
5 THE VICE CHANCELLOR
KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE
P.O., THRISSUR, PIN - 680596
6 ACADEMIC COUNCIL OF KERALA UNIVERSITY OF HEALTH
SCIENCES
REPRESENTED BY ITS CHAIRMAN, MEDICAL COLLEGE P.O.,
W.P.(C)No.16571/2023 2
THRISSUR, PIN - 680596
7 NATIONAL COMMISSION FOR HOMOEOPATHY
REPRESENTED BY ITS CHAIRMAN, 61-65, INSTITUTIONAL
AREA, OPPOSITE D BLOCK, JANAK PURI, NEW DELHI,
PIN - 110058
BY ADVS.
GOVERNMENT PLEADER
P.SREEKUMAR
OTHER PRESENT:
SRI. S MANU (DSGI), SRI. V K SUNIL (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.16571/2023 3
JUDGMENT
The petitioner is a student of the Bachelor of Homeopathic
Medicine and Surgery (BHMS) Course at Bhagawan Buddha
Homeopathic Medical College & Hospital, Bangalore, which is affiliated
to the Rajiv Gandhi University of Health Sciences, Karnataka. The
petitioner has approached this Court challenging Ext.P12 through which
her request for undergoing Compulsory Rotatory Internship (C.R.I.) at
the Government Homeopathic Government College, Kozhikode was
rejected. According to the petitioner, the Government Homeopathic
Medical College, Kozhikode and the parent medical institution have
issued No Objection Certificate. It is submitted that the 3 rd respondent
University has rejected the request on the ground that the transfer shall
be permitted only between the colleges affiliated to the 3 rd respondent
University.
2. The learned counsel appearing for the petitioner would
submit that the regulations of National Commission for Homeopathy
(Ext.P17) permit migration for C.R.I. in respect of students studying in
colleges affiliated to one University to institutions affiliated to another
University and therefore, the reason mentioned in Ext.P12 cannot be
sustained.
3. The learned standing counsel appearing for the 3 rd
respondent University would submit that, as per the guidelines issued by
the 3rd respondent University, transfer will be permitted only between
colleges affiliated to the 3rd respondent. However, he does not dispute
the fact that the matter has not been considered in terms of Ext.P17
regulations of National Commission for Homeopathy .
4. Having heard the learned counsel for the petitioner, the
learned standing counsel appearing for the 3 rd respondent and the
learned Deputy Solicitor General of India for the 2 nd respondent, this
writ petition will stand disposed of setting aside Ext.P12 and directing
the 4th respondent to consider the request made by the petitioner also
taking into account Ext.P17 regulations issued by the National
Commission for Homeopathy and after affording an opportunity of
hearing to the petitioner, within a period of three weeks from the date of
receipt of a certified copy of this judgment. The claim made by the
petitioner for issuance of NOC by respondents 1 and 2 and the 7 th
respondent is left open. Sd/-
GOPINATH P.
JUDGE
acd
APPENDIX OF WP(C) 16571/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE 4TH SEMESTER BHMS(RS4)
EXAMINATION-OCTOBER 2022 RESULT OF THE
PETITIONER PUBLISHED BY RAJIV GANDHI
UNIVERSITY OF HEALTH SCIENCES
Exhibit P2 A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 20.11.2022 ISSUED BY DR. HABID N.M,
AHAMMED KUTTY HAJI MEMORIAL HOSPITAL
Exhibit P3 A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 08.12.2022 ISSUED BY DR. K.P
MOHANDAS, CHIEF CONSULTANT IN CHEST
DISEASES, CHEST DISEASE HOSPITAL
Exhibit P4 A TRUE COPY OF THE DISCHARGE SUMMARY DATED
11.02.2023 OF MR. MUHAMMED HUSSAIN,
HUSBAND OF THE PETITIONER ISSUED BY THE
DR. AMBADI'S CALICUT CENTRE FOR SURGERY
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED
21.11.2022 SUBMITTED BY THE PETITIONER TO
THE PRINCIPAL BHAGAWAN BUDDHA HOMEOPATHIC
MEDICAL COLLEGE & HOSPITAL
Exhibit P6 A TRUE COPY OF THE NO-OBJECTION NO.
BBHMC/427/2022-23 DATED 23.11.2022 ISSUED
BY THE PRINCIPAL, BHAGAWAN BUDDHA
HOMEOPATHIC MEDICAL COLLEGE & HOSPITAL TO
THE PETITIONER
Exhibit P7 A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 08.12.2022 ISSUED BY THE MEDICAL
OFFICER, GOVT. AYURVEDA DISPENSARY,
KIZHAKKOTH, KODUVALLY
Exhibit P8 A TRUE COPY OF THE NO-OBJECTION
CERTIFICATE NO. GHMCK/655/2022 - C1 DATED
30.12.2022 ISSUED BY THE GOVT. HOMEOPATHIC
MEDICAL COLLEGE, KOZHIKODE
Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED
10.01.2023 SUBMITTED BY THE PETITIONER TO
THE 4TH RESPONDENT
Exhibit P10 A TRUE COPY OF THE REQUEST DATED
01.02.2023 SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT
Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED
28.02.2023 SUBMITTED BY THE PETITIONER TO
THE 5TH RESPONDENT WITH A COPY TO THE 4TH
RESPONDENT
Exhibit P12 A TRUE COPY OF THE COMMUNICATION NO.
2021/4267/ACGENB1/KUHS DATED 01.03.2023
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER
Exhibit P13 A TRUE COPY OF THE EMAIL DATED 29.04.2023
ISSUED TO THE PETITIONER FROM THE OFFICE
OF 3RD RESPONDENT
Exhibit P14 A TRUE COPY OF THE EMAIL DATED 01.03.2023
ISSUED BY 2ND RESPONDENT TO THE PETITIONER
Exhibit P15 A TRUE COPY OF THE CIRCULAR NO.
5221/2019/AC.I/GEN/B1/KUHS DATED
29.03.2019 ISSUED BY THE 4TH RESPONDENT
Exhibit P16 A TRUE COPY OF THE RELEVANT PAGES OF THE
ACADEMIC REGULATIONS OF HEALTH SCIENCES
BACHELOR OF HOMEOPATHIC MEDICINE AND
SURGERY PUBLISHED AS PER NOTIFICATION NO.
2891/ACI/GEN A2/KUHS/2017 DATED 12.05.2017
IN THE KERALA GAZETTE, EXTRA ORDINARY,
VOLUME VI, NO. 1447, DATED 13.07.2017
Exhibit P17 A TRUE COPY OF THE RELEVANT PAGES OF THE
NATIONAL COMMISSION FOR HOMEOPATHY
(HOMEOPATHY GRADUATE DEGREE COURSE -
BACHELOR OF HOMEOPATHIC MEDICINE AND
SURGERY (BHMS) REGULATIONS, PUBLISHED AS
PER NOTIFICATION DATED 06.12.2022
