Dr.Jannet vs The State Institute Of Medical ...
2024 Latest Caselaw 9599 Ker

Kerala High Court

Dr.Jannet vs The State Institute Of Medical ... on 4 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 3002 OF 2017           1


                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. 3002 OF 2017
PETITIONER/S:

              DR.JANNET
              AGED 44 YEARS
              "DAIVIK", PATHAYIKKARA, PERINTHALMANNA, MALAPPURAM
              DISTRICT.

              BY ADVS.
              SRI.M.R.RAJESH
              SMT.E.S.SANDHYA


RESPONDENT/S:
     1     THE STATE INSTITUTE OF MEDICAL EDUCATION AND
           TECHNOLOGY (SIMET)
           PALLIMUKKU, PETTAH P.O, THIRUVANANTHAPURAM-695 024,
           REPRESENTED BY THE VICE CHAIRMAN OF THE GOVERNING
           BODY/THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY
           WELFARE DEPARTMENT, GOVT.SECRETARIAT, STATUE,
           THIRUVANANTHAPURAM-1.

      2       SUNIL LIBRARIAN
              THE STATE INSTITUTE OF MEDICAL EDUCATION AND
              TECHNOLOGY (SIMET) PALLIMUKKU, PETTAH P.O,
              THIRUVANANTHAPURAM-695 024.

      3       TREESAMMA S. DEPUTY DIRECTOR OF IN CHARGE
              THE STATE INSTITUTE OF MEDICAL EDUCATION AND
              TECHNOLOGY (SIMET) PALLIMUKKU, PETTAH P.O,
              THIRUVANANTHAPURAM-695 024.

      4       D. JAYAKUMAR ADMINISTRATIVE OFFICER
              THE STATE INSTITUTE OF MEDICAL EDUCATION AND
 WP(C) NO. 3002 OF 2017           2


              TECHNOLOGY (SIMET) PALLIMUKKU, PETTAH P.O,
              THIRUVANANTHAPURAM-695 024.

      5       PRASANNA SENIOR LECTURER
              SIMET COLLEGE OF NURSING, MALAMPUZHA, MALAMPUZHA PO,
              PALAKKAD DISTRICT, PIN -678 651.

      6       PAVITHRAN RAYAROTH
              ASSOCIATE PROFESSOR, GOVT.NURSING COLLEGE, KOZHIKKODE
              - 673 001.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3002 OF 2017                3




                         P.V.KUNHIKRISHNAN, J
                     ---------------------------------------
                        W.P.(C.) No. 3002 of 2017
                      --------------------------------------
                Dated this the 4th day of April, 2024


                                 JUDGMENT

The above writ petition is filed with following prayers :

i) "Issue a Writ in the nature of mandamus or other appropriate writ, direction or order commanding the 1st respondent to act upon the request contained in Ext. P5 and initiate appropriate disciplinary action against the respondents

2 to 6,

ii) Issue such other appropriate writ, direction or order as the case may be." [sic]

2. The main prayer in this writ petition is to issue

appropriate direction commanding the 1st respondent to act upon

the request contained in Ext.P5 and initiate appropriate

disciplinary action against respondent Nos. 2 to 6. The petitioner

is a stranger. In effect, this writ petition is like a public interest

litigation. Such litigation cannot be entertained in service jurisprudence.

If there is any action to be taken against respondent Nos. 2 to 6,

the 1st respondent will do the needful, in accordance with law,

with notice to them.

With the above observation, this writ petition is disposed

of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 3002/2017

PETITIONER EXHIBITS

P1 A TRUE COPY OF THE JUDGMENT DATED 10.04.2015 IN WPC NO.10746/2016 OF THIS HON'BLE COURT.

P2 A TRUE COPY OF THE ORDER DATED 30.07.2015 IN WA NO.1631/2015 OF THIS HON'BLE COURT.

P3 A TRUE COPY OF THE BAIL APPLICATION NO.

P4 A TRUE COPY OF THE REMAND APPLICATION DATED 28.08.2016 FILED BY THE INVESTIGATING OFFICER, IN FIR NO. 758/2015 BEFORE THE JFMC-I PERINTHALMANNA.

P5 A TRUE COPY OF THE ADVOCATE NOTICE DATED 08.09.2016