Adv. Richard Rajesh Kumar vs Union Of India, Represented By Its ...
2023 Latest Caselaw 9449 Ker

W. P. (C) No. 28905 of 2023
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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                      &
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
  MONDAY, THE 4TH DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945
                         WP(C) NO. 28905 OF 2023
PETITIONER/S:

     1        ADV. RICHARD RAJESH KUMAR,
              AGED 26 YEARS
              PADAMATTUMMAL HOUSE, CHERAI PO., ERNAKULAM-683514
     2        ARJUN.P.BHASKAR,
              AGED 25 YEARS
              ANGEL'S GARDEN, COMAPANYPADI ROAD, NEAR
              POICKATTUSERY LP SCHOOL, CHENGAMANAD PO.,
              NEDUMBASSERY, KOCHI, PIN - 683578
              BY ADVS.
              SUNIL JACOB JOSE
              SAYIPRIYA S.

RESPONDENT/S:
    1     UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
          MINISTRY OF HEALTH & FAMILY WELFARE
          NIRMAN BHAWAN, NEW DELHI, PIN - 110011
     2        STATE OF KERALA REPRESENTED BY ITS CHIEF
              SECRETARY,
              SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     3        THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT,
              HEALTH & FAMILY WELFARE DEPARTMENT,
              SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

OTHER PRESENT:

              DSGI S. MANU; SR.GP. K.P.HARISH
       THIS     WRIT    PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION      ON    04.09.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 28905 of 2023
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                              JUDGMENT

Dated this the 4th day of September, 2023

A. J. Desai, C. J.

By way of the present writ petition filed in the nature of

public interest under Article 226 of the Constitution of India, the

petitioners have sought for the following reliefs:-

"i. Call for the records leading to submission of Exts. P1 & P2;

ii. Issue a writ of mandamus any other appropriate writ or order compelling the respondents 1 & 2 to establish All India Institute Medical Sciences (AIIMS) in Kerala at the location identified at Kochi, within a time frame to be fixed by this Hon'ble Court;

iii. Direct respondent No.1 to consider including establishment of AIIMS in the current phase of PMSSY and pass appropriate orders to that effect, on early date;

iv. Direct respondent No.2 to consider the suggestions in Ext. P1 and propose establishment of AIIMS in the land at Kochi in view of the outweighing merits of the location;

v. Direct the respondent No.2 to re-consider Ext. P1 W. P. (C) No. 28905 of 2023

representation and pass appropriate and considered orders thereon, within a time frame to be fixed by this Hon'ble Court, in the interest of justice;

vi. Direct the respondent No.1 to consider Ext. P2 representation and pass appropriate orders thereon, within a time frame to be fixed by this Hon'ble Court, in the interest of justice."

2. It appears from Ext. P3 proceedings dated 21.07.2023

issued by the Ministry of Health and Family Welfare, Government

of India, that the said Ministry has not approved the proposal for

establishment of AIIMS in the State of Kerala in the current phase

of Pradhan Mantri Swasthya Suraksha Yojana (PMSSY).

However, the Government of India has taken up the upgradation

of four Government Medical Colleges located in the State of

Kerala, by way of construction of Super Speciality Blocks.

3. It is the grievance of the petitioners that the Government

of India ought to establish AIIMS at Kochi instead of Kozhikode.

On a query put to the learned Advocate for the petitioners, he

submitted that after the issuance of proceedings dated 21.07.2023, W. P. (C) No. 28905 of 2023

no representation/request has been made by the petitioners,

seeking the establishment of AIIMS at Kochi.

4. Considering the above fact, we dispose of this writ

petition with the following observations:-

It would be open for the petitioners to make a representation

to the concerned authority for establishing AIIMS at Kochi. If

such representation is made, the respondent authority shall

consider the same, at the earliest, and the decision of the authority

shall be forwarded to the petitioners.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE

Eb W. P. (C) No. 28905 of 2023

APPENDIX OF WP(C) 28905/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 29/5/2023 OF PETITIONERS 1 & 2 BEFORE THE 2ND RESPONDENT THROUGH THE HON'BLE CHIEF MINISTER OF KERALA EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 5/7/2023 OF THE 1ST PETITIONER ALONG WITH ANOTHER PERSON, FILED BEFORE THE 1ST RESPONDENT THROUGH THE HON'BLE UNION MINISTER FOR HEALTH & FAMILY WELFARE, GOVERNMENT OF INDIA EXHIBIT P3 TRUE COPY OF THE QUESTION AND THE ANSWER DATED 21/7/2023 PROVIDED IN THE PARLIAMENT EXHIBIT P4 TRUE COPY OF THE QUESTION AND THE ANSWER DATED 25/7/2023 PROVIDED IN THE PARLIAMENT