Kerala High Court
Mes Medical College vs Kerala University Of Health Sciences on 6 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 19587 OF 2014 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 19587 OF 2014
PETITIONER/S:
1 MES MEDICAL COLLEGE
KOZHIKODE, REPRESENTED BY ITS GENERAL SECRETARY,
PROF P.O.J. LABBA
2 DR. P.A FAZAL GAFOOR
AGED 57 YEARS
S/O LATE DR P.K. ABDUL GAFOOR, PADIYATH HOUSE,
KANNUR ROAD, KOZHIKODE
3 M.E.S MEDICAL COLLEGE
PERINTHALMANNA, PALACHUVADU P.O, MALAPPURAM DISTRICT
REPRESENTED BY ITS DIRECTOR, DR P.A FAZAL GAFOOR
BY ADVS.
SRI.BABU KARUKAPADATH
SRI.KANDAMPULLY RAHUL
SRI.MITHUN BABY JOHN
SRI.K.A.NOUSHAD
SRI.J.RAMKUMAR
SMT.M.A.VAHEEDA BABU
RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
2 ADDL.R2 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,HIGHER EDUCATION
DEPARTMENT,GOVT.SECRETARIAT,THIRUVANANTHAPURAM.
Addl.R2 IMPLEADED AS PER ORDER DATED 8/8/14 IN IA
10795/14
BY ADVS.
SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH &
SRI.P.SREEKUMARSCKERALA UTY.HEALTH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 19587 OF 2014 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 19587 of 2014
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Dated this the 6th day of February, 2024
JUDGMENT
The above writ petition is filed with following prayers :
i) Call for the records leading to Exhibits P-3 and P-5 of
the respondent University;
ii) Issue a writ of certiorari or any other appropriate writ,
order or direction, quashing Exhibits P-3 and P-5 of the
respondent University;
iii) Issue a writ of Mandamus or other appropriate writ,
order or direction commanding the respondent University to
continue the affiliation of the courses conducted by the 3rd
petitioner without insisting for seat sharing agreements with
the Government, as demanded in Exhibit P-3 and P-5;" [sic]
2. When this writ petition came up for consideration on
08.08.2014, this Court passed the following order :
This application is to implead the State of Kerala as additional
respondent in this writ petition.
Heard. The application is allowed.
The additional respondent is impleaded.
Adv.P.Sreekumar appears for the first respondent.
Government Pleader enters appearance for the 2nd
respondent.
There shall be an interim stay of Exts.P3 and P5.
The counsel to get instructions and file counter affidavit."
3. In the light of the above order, the counsel for the
petitioner submitted that this writ petition can be closed.
Therefore, this writ petition is closed recording the order
dated 08.08.2014.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 19587/2014
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE MINORITY
CERTIFICATE DATED 17-08-2007 ISSUED BY THE
NATIONAL COMMISSION FOR MINORITIES
EDUCATIONAL INSTITUTION, NEW DELHI TO THE
3RD PETITIONER
EXHIBIT P2 TRUE COPY OF THE LETTER DATED
22-02-2014 FOR CONTINUING THE AFFILIATION
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT UNIVERSITY
EXHIBIT P3 A TRUE COPY OF THE LETTER DATED
28-06-2014 ISSUED BY THE UNIVERSITY
EXHIBIT P4 A TRUE COPY OF THE EXPLANATION
DATED 09-07-2014 SUBMITTED BY THE 3RD
PETITIONER TO THE UNIVERSITY
EXHIBIT P5 A TRUE COPY OF THE DEMAND
LETTER DATED 25-07-2014 ISSUED BY THE
UNIVERSITY TO THE PRINCIPAL OF THE 3RD
PETITIONER COLLEGE
