Kerala High Court
Dr.Rizwana.T.A vs State Of Kerala on 4 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 4276 OF 2024
PETITIONER(S):
DR.RIZWANA.T.A
AGED 26 YEARS
D/O ABDUL NAZAR.T.M,
THAIKKOTTATHIL HOUSE,
THRIKKAKKARA P.O,
ERNAKULAM, PIN - 682021
BY ADV. RAJIT
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF HEALTH, THIRUVANANTHAPURAM,
PIN - 695001
2 KERALA UNIVERSITY OF HEALTH SCIENCES
MULAMKUNNATHKAVU, THRISSUR,
REPRESENTED BY THE VICE CHANCELLOR,
PIN - 680596
3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
SS KOVIL ROAD, SANTHI NAGAR,
THIRUVANANTHAPURAM, KERALA,
PIN - 695001
4 KERALA MEDICAL COLLEGE
MANGODE, CHERUPALASSERY,
PALAKKAD, REPRESENTED BY THE CHAIRMAN,
PIN - 697503
5 GURUDEVA CHARITABLE TRUST
CHALAKKA,NORTH KUTHIYATHODU P.O,
ERNAKULAM DISTRICT, REPRESENTED BY
THE MANAGING TRUSTEE (WHICH RUNS THE SREE
NARAYANA INSTITUTE OF MEDICAL SCIENCES),
PIN - 683594
W.P.(C) No.4276 of 2024
2
6 THE FEE REGULATORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA, HEAD OFFICE,
T C 15/1553-4, PRASANTHI BUILDINGS,
M V APPAN ROAD, VAZHUTHOKKOD,
THIRUVANATHAPURAM, REPRESENTED BY THE
CHAIRMAN, PIN - 695001
BY ADVS.
P.SREEKUMAR
SANEER P.M.
MILLU DANDAPANI
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.4276 of 2024
3
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 4276 of 2024
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Dated this the 04th day of April, 2024.
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:
"i. Issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
respondents 1 to 3 to pay the amounts paid by the
petitioners as fee for the II year MBBS Course to the
4th respondent college, as directed in Ext-P11 to P13
judgments.
ii. Issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
respondents 1 to 3 to pay the amounts paid by the
petitioners as security deposit as evidenced by
Ext.P1(a) to the 4th respondent college.
iii. Issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
respondents 1 to 3 to initiate revenue recovery
proceedings to recover the amounts paid by the
petitioners as fee for the II year MBBS Course to the
4th respondent college and pay the same to the
petitioner immediately.
iv. Declare that the 4th respondent is not
entitled any amount towards the fees which is already
remitted by the petitioners in the 5th respondent
college towards the 3rd and 4th semester.
v. Grant any such other relief deemed fit to
this Hon'ble Court."[SIC]
2. When this Writ petition came up for
consideration, the learned counsel appearing for the 4 th
respondent submitted that a demand draft for
Rs.16,00,000/- (Rupees Sixteen lakhs only) is handed
over to the counsel appearing for the petitioner and the
matter is settled and therefore the writ petition can be
closed.
In the light of the above submission, this Writ
petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 4276/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RECEIPT ISSUED BY
THE 4TH RESPONDENT COLLEGE FOR
REMITTING THE FEES DATED 28.09.2016
EXHIBIT P1(A) A TRUE COPY OF THE RECEIPT SHOWING
THE DEPOSIT OF RS.5,00,000/- AS
SECURITY DEPOSIT DATED 29.11.2016
EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED
30.08.2017 FOR RS.5,00,000/- REMITTED
BY THE PETITIONER
EXHIBIT P3 A TRUE COPY OF THE RECEIPT DATED
13.11.2017 FOR RS.5,00,000/- REMITTED
BY THE PETITIONER
EXHIBIT P4 A TRUE COPY OF THE PAYMENT
PARTICULARS ISSUED FROM THE BANK
DATED 06.04.2018 FOR AN AMOUNT OF
RS,1,97,500
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED
23.07.2019 IN WPC NO. 24826 OF 2018
OF THIS HON'BLE COURT
EXHIBIT P6 A TRUE COPY OF THE RECEIPT ISSUED TO
THE PETITIONER BY THE 5TH RESPONDENT
COLLEGE DATED 09.07.2019
EXHIBIT P7 A TRUE COPY OF THE RECEIPT ISSUED TO
THE PETITIONER BY THE 5TH RESPONDENT
COLLEGE IN RESPECT OF TUITION FEES
DATED 27.09.2020
EXHIBIT P8 A TRUE COPY OF THE RECEIPT ISSUED TO
THE PETITIONER BY THE 5TH RESPONDENT
COLLEGE IN RESPECT OF TUITION FEES
DATED 30.09.2021
EXHIBIT P9 A TRUE COPY OF THE RECEIPT ISSUED TO
THE PETITIONER BY THE 5TH RESPONDENT
COLLEGE IN RESPECT OF TUITION FEES
DATED 25.08.2022
EXHIBIT P10 A TRUE COPY OF THE RECEIPT ISSUED TO
THE PETITIONER BY THE 5TH RESPONDENT
COLLEGE IN RESPECT OF TUITION FEES
DATED 28.12.2022
EXHIBIT P11 A TRUE COPY OF THE COMMON JUDGMENT
DATED 10.12.2021 PASSED BY THIS
HON'BLE COURT IN WPC 18363 OF 2021
AND WPC 18834 OF 2021
EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED
04.04.2022 PASSED BY THE HON'BLE
SUPREME COURT IN SLP TO APPEAL (C)
NO. 5299-5300/2022
EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED
13.07.2022 IN W.P.C.NO.19511 OF 2022
OF THIS HON'BLE COURT
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
