The High Court of Kerala allowed a review petition filed by the University of Calicut challenging directions permitting an intern to continue training in a District Hospital. The court recalled the original judgment.
Recalled the judgment dated 20.07.2009 in W.P.(C) No.19790/2009 directing continuation of internship.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931
RP.No. 1036 of 2009(P)
-------------------------------[AGAINST THE JUDGEMENT IN W.P.(C).NO.19790/2009 DATED 20/07/2009] ....................
REVIEW PETITIONER/3RD RESPONDENT:
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UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, THENHIPALAM,MALAPPURAM DISTRICT.
BY MR.P.C.SASIDHARAN, S.C, CALICUT UTY.,
RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2:
-----------------------------------------------------------------------------
1. MISHA .K.,C/O.DR.BALAKUMAR. K., 1421.A/19,KARIPPALIYIL MANGALA, VYJAYANTHI ROAD,NEAR BAJANA KOVIL, CHALAPPURAM,CALICUT-2.
2. TRAVANCORE COCHIN MEDICAL COUNCIL, REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD,THIRUVANANTHAPURAM.
3. THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET 4 SECTOR 8,DWARAKA,NEW DELHI.
R1 BY ADV. MR. T.G. RAJENDRAN, R2 BY ADV. MR. N. RAGHURAJ, R3 BY MR.ALEXANDER THOMAS, S.C,
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
T.R. RAMACHANDRAN NAIR, J.
--------------------------------------Review Petition No.1036 OF 2009 IN W.P.(C) No.19790 OF 2009
Dated this the 1st day of March, 2010.
O R D E R
This review petition is filed by the University of Calicut (3rd respondent in the writ petition) aggrieved by the directions issued in the judgment whereby the writ petitioner was permitted to continue her internship in the Government General Hospital, Kozhikode.
there is no monitoring or evaluation system and she cannot
R.P. No.1036/2009
2
successfully complete the internship also.
the 1st respondent in the review petition submitted that the 1st respondent (writ petitioner) will go back to the Jubilee Mission Medical College for completing the internship.
In that view of the matter, the judgment dated 20.07.2009 in W.P.(C) No.19790/2009 is recalled. It will be open to the writ petitioner to move the University for counting the period already undergone in the District Hospital for the purpose of internship if the same is permissible under the regulations and appropriate orders will be passed in accordance with the Rules/regulations.
This review petition is allowed as above.
T.R. RAMACHANDRAN NAIR JUDGE
smp
3 issues framed by the court
"Whether the intern can continue internship in a District Hospital without monitoring or evaluation system?"
"Whether the review petition challenging the directions regarding internship continuation is maintainable?"
"Whether the University of Calicut can recall the writ petition judgment directing continuation of internship?"
University of Calicut
Unidentified Misha .K.
Travancore Cochin Medical Council
Medical Council of India
T.R.Ramachandrannair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
