Karuna Medical College vs The National Medical Commission ...
2023 Latest Caselaw 10603 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                       WP(C) NO. 34213 OF 2023
PETITIONERS:

    1     KARUNA MEDICAL COLLEGE,
          KARUNA INSTITUTE OF MEDICAL SCIENCES,
          POST VALAYODI, CHITTOOR, PALAKKAD, 678 103,
          REPRESENTED BY ITS PRINCIPAL, DR. S. VASANTHAMALAI,
          AGED 64 YEARS, W/O A. PADMANABHAN, KARUNA MEDICAL
          COLLEGE, VILAYODI, CHITTUR, PALAKKAD, PIN - 618 103

    2     NAZAREENA S
          AGED 18 YEARS
          SABEER MANZIL, BABUJI NAGAR, 87, VALATHUNGAL P O,
          KOLLAM, KOLLAM DISTRICT, PIN - 691 011

          BY ADVS.
          P.CHANDRASEKHAR
          C.RAMAN
          ANOOP KRISHNA
          REGIMOL M.K.
          ANAND SANKAR
          JENNY THANKAM
RESPONDENTS:

    1     THE NATIONAL MEDICAL COMMISSION
          (UNDERGRADUATE MEDICAL EDUCATION BOARD)
          POCKET-14, SECTOR- 8, DWARKA, PHASE-1, NEW DELHI,
          REPRESENTED BY ITS CHAIRMAN., PIN - 600 077

    2     THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
          OFFICE OF THE CEE, THIRUVANANTHAPURAM, PIN - 695 001

    3     KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS)
          REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE PO,
          THRISSUR, PIN - 680 596


          SRI. P.G. PRAMOD. G.P,
          SRI. P. SREEKUMAR, SC.
          SRI. TITUS MANIVETTOM, SC.
    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34213 OF 2023
                                      2


                             T.R.RAVI, J.
                     ----------------------------------------
                    WP(C) No.34213 of 2023
                    -------------------------------------------
              Dated this the 16th day of October, 2023

                             JUDGMENT

The writ petition has been filed on the averment that

the 2nd petitioner who had joined the 1st respondent college

in an NRI seat has discontinued studies after attending

classes for two days and the seat is lying vacant. The 1 st

petitioner seeks directions to the respondent to allot a

student to the seat that has become vacant.

2. Going by the time line for the course, the admissions

have to be completed by 31.09.2023 and thereafter no

admissions can be made in college.

3. In such a situation, there cannot be any direction to

admit a student afresh at this stage. The relief prayed for

cannot be granted by this Court. The writ petition fails and is

dismissed.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 34213 OF 2023

APPENDIX OF WP(C) 34213/2023

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE ADMISSION SLIP DATED 20.09.2023 OF THE 2ND PETITIONER ISSUED BY THE 1ST PETITIONER

Exhibit P2 TRUE COPY OF THE ALLOTMENT MEMO DATED 14.09.2023 IN RESPECT OF THE 2ND PETITIONER ISSUED BY THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF THE LETTER DATED 12.10.2023 OF THE 2ND PETITIONER TO THE PRINCIPAL OF KARUNA MEDICAL COLLEGE

Exhibit P4 TRUE COPY OF THE LETTER DATED 13.10.2023 OF THE 1ST PETITIONER TO THE 2ND RESPONDENT

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE