Bharath Matha College Of Medical ... vs State Of Kerala
2024 Latest Caselaw 5882 Ker

Kerala High Court

Bharath Matha College Of Medical ... vs State Of Kerala on 23 February, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                        WP(C) NO. 26761 OF 2014
PETITIONER/S:

          BHARATH MATHA COLLEGE OF MEDICAL TECHNOLOGY
          NEAR GOVERNMENT HOSPITAL, KURAVILANGAD, KOTTAYAM,
          REPRESENTED BY ITS MANAGER, JOSEPH PUTHEYADUM.

          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     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND
          FAMILY WELFARE (K) , GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.

    2     DIRECTOR OF HEALTH SERVICES
          THIRUVANANTHAPURAM 695 001.

    3     ADDITIONAL DIRECTOR VIGILANCE
          DEPARTMENT OF HEALTH, THIRUVANANTHAPURAM 695 001.

    4     DR.P.PADMALATHA
          PRINCIPAL, PUBLIC HEALTH TRAINING SCHOOL (AND THE NODAL
          OFFICER FOR HEALTH INSPECTOR DIPLOMA COURSE)
          THIRUVANANTHAPURAM 695 001.

          SRI. VENUGOPAL V., GOVT. PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, ALONG WITH WP(C).26156/2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P (C) Nos.26761/2014 & 26156/2014     -2-

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
      FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                            WP(C) NO. 26156 OF 2014
PETITIONER/S:

              BHARATH MATHA COLLEGE OF MEDICAL TECHNOLOGY
              NEAR GOVERNMENT HOSPITAL, NEAR GOVERNMENT HOSPITAL,
              KURAVILANGAD, KOTTAYAM, REPRESENTED BY ITS MANAGER, JOSEPH
              PUTHEYADUM

              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       STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND
              FAMILY WELFARE (K), GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM- 1.

      2       DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM

      3       DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM

      4       DIRECTOR
              LBS CENTER FOR SCIENCE AND TECHNOLOGY, EXTRA POLICE
              ROAD, NANDAVANAM, THIRUVANANTHAPURAM - 695 033.

      5       DR. P.PADMALATHA
              PRINCIPAL, PUBLIC HEALTH TRAINING SCHOOL, (AND THE
              NODAL OFFICER FOR HEALTH INSPECTOR DIPLOMA COURSE),
              THIRUVANANTHAPURAM

              SRI. VENUGOPAL V., GOVT. PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, ALONG WITH WP(C).26761/2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P (C) Nos.26761/2014 & 26156/2014       -3-

                                  JUDGMENT

The petitioner had filed W.P (C) No.26761/2014 challenging Ext.P9

communication through which the recognition granted to the petitioner for

conducting Diploma in Health Inspector course was temporarily suspended

alleging lack of infrastructural facilities, qualified faculty and on the ground

that illegal amounts were being collected from the students who were

studying in the institution. This court through interim order dated 14-10-2014

stayed Ext.P9 order. The matter was thereafter listed for the first time only on

11-01-2024. The connected writ petition, namely W.P (C) No.26156/2014 was

filed seeking a direction to the respondent to allot students to the institution.

On 14-10-2014 this court passed the following interim order, in W.P (C)

No.26156/2014:-

"This writ petition is filed challenging the delay in allotting students in paramedical course. It is stated in Annexure-Al that the Government has taken a decision to revoke the permission granted to the petitioner's institute for Diploma course in Health Inspector Course. Therefore students cannot be allotted from the list published on 1.10.2014. This Court today in WP(C).No.26761/2014 has stayed Annexure-A1. In view of the above, there shall be a direction to the 4th respondent to allot 50% students to the petitioner institute for Diploma in Health Inspector Course for the academic year 2014-'15 on the basis of the option exercised by the students pursuant to Exts.P4 prospectus and P5 notification, forthwith."

Pursuant to the said interim order students are being allotted to the

institution from year to year.

2. When these matters are taken up for consideration today, it is the

submission of the learned counsel for the petitioner [who is common in both

the writ petitions] that the writ petitions have become infructuous and they

may accordingly be closed.

3. The learned Government Pleader submits that in the facts of the

case as noticed above it is necessary to ensure that the institution is

functioning with the necessary infrastructural facility, qualified faculty and

that the defects noted in Ext.P9 no longer subsist. The submission of the

Government Pleader is only to be accepted.

4. Accordingly these writ petitions are closed making the interim

order absolute. However, it is directed that the Director of Health Services,

Thiruvananthapuram (2nd respondent in W.P (C) No.26761/2014) shall

conduct an inspection of the petitioner institution and shall ensure that the

institution is functioning with necessary infrastructural facilities, qualified

faculty and the defects noticed in Ext.P9 no longer subsist. The needful shall

be done by the 2nd respondent without undue delay at any rate within a period

of 2 months from the date of receipt of a certified copy of this judgment.

Registry shall communicate a copy this judgment to the 2 nd respondent

for due compliance.

Sd/-

GOPINATH P. JUDGE

AMG

APPENDIX OF WP(C) 26156/2014

PETITIONER EXHIBITS

EXHIBIT P1 : A TRUE COPY OF THE PHOTOGRAPHS OF THE BUILDING OF THE PETITIONER

EXHIBIT P2 : A TRUE COPY OF THE RELEVANT FACULTY OF THE PETITIONER

EXHIBIT P3 : A TRUE COPY OF THE AGREEMENT DATED 16.09.2014 EXECUTED BETWEEN THE ASSOCIATION AND THE STATE GOVERNMENT

EXHIBIT P4 : A TRUE COPY OF THE RELEVANT PORTION OF PROSPECTUS DATED 08.08.2014 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION

EXHIBIT P5 : A TRUE COPY OF THE NOTIFICATION DATED 18.09.2014 ISSUED BY THE LBS CENTER FOR SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM

EXHIBIT P6 : A TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION/ALLOTMENT PUBLISHED IN THE WEBSITE OF LBS CENTER FOR SCIENCE AND TECHNOLOGY ON 01.10.2014

EXHIBIT P7 : A TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION/ALLOTMENT PUBLISHED IN THE WEBSITE OF LBS CENTER FOR SCIENCE AND TECHNOLOGY ON 07.10.2014

EXHIBIT P8 : A TRUE COPY COPY OF THE NOTICE FOR CONVENING THE STATE CONVENTION ON 29.09.2014

APPENDIX OF WP(C) 26761/2014

PETITIONER EXHIBITS

EXHIBIT P1. COPY OF THE PHOTOGRAPH OF THE BUILDING OF THE PETITIONER.

EXHIBIT P2. COPY OF THE RELEVANT FACULTY OF THE PETITIONER.

EXHIBIT P3. COPY OF THE AGREEMENT DATED 16.9.14 EXECUTED BETWEEN THE ASSOCIATION AND THE STATE GOVERNMENT.

EXHIBIT P4. COPY OF THE RELEVANT PORTION OF PROSPECTUS DATED 8.8.14 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION.

EXHIBIT P5. COPY OF THE NOTIFICATION DATED 18.9.14 ISSUED BY THE LBS CENTRE FOR SCIENCE AND TECHNOLOGY THIRUVANANTHAPURAM.

EXHIBIT P6. COPY OF THE RELEVANT PORTION OF THE NOTIFICATION/ALLOTMENT PUBLISHED IN THE WEBSITE OF LBS CENTRE FOR SCIENCE AND TECHNOLOGY ON 1.10.14.

EXHIBIT P7. COPY OF THE RELEVANT PORTION OF THE NOTIFICATION/ALLOTMENT PUBLISHED IN THE WEBSITE OF LBS CENTRE FOR SCIENCE AND TECHNOLOGY ON 7.10.14.

EXHIBIT P8. COPY OF THE NOTICE FOR CONVENING THE STATE CONVENTION ON 29.9.14.

EXHIBIT P9. COPY OF THE LETTER DATED 30.09.14 ISSUED BY THE GOVERNMENT SECRETARY.

EXHIBIT P10.COPY OF THE REPRESENTATION DATED 12.10.14 ISSUED BY THE PETITIONER, EXCLUDING THE ANNEXURES THEREIN, TO THE IST RESPONDENT.

EXHIBIT P11. COPY OF THE REQUEST DATED 12.10.14 FOR GETTING COPIES OF THE LETTER DATED 1.8.14 AND THE REPORT DATED 18.6.2014 MENTIONED IN THE LETTER DATED 30.09.14.

EXHIBIT P12. COPY OF THE STATEMENT DATED 13.10.14 IN WPC 26156/2014 FILED BY THE RESPONDENTS.