Remanded

Dr. Usha G. v. State of Kerala

Kerala HC23 May 2012WP(C)/5402/2012

Case brief

AI extract

What is this about?

Petitioner, a tutor who discontinued an M.D. course due to illness, sought direction to the Government to consider her representation to rejoin or be admitted to a new batch. The Court dismissed other reliefs and directed the Government to decide the matter within one month.

What did the court decide?

Directed the Government to consider and pass orders on the petitioner's representation expeditiously, within one month.

Dr. Usha G. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

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WEDNESDAY, THE 23RD DAY OF MAY 2012/2ND JYAISHTA 1934

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WP(C).No. 5402 of 2012 (A)

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PETITIONER:

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DR. USHA G., KRISHNAKRIPA, PEARL GARDENS, NEAR U.C. COLLEGE ALUVA, ERNAKULAM DISTRICT, PIN-683102.

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BY ADVS.SRI.SANTHAN V.NAIR SRI.V.GOPIKRISHNA SRI.V.V.MITHUN

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RESPONDENTS:

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1. STATE OF KERALA

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REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,

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DEPARTMENT OF HEALTH AND FAMILY WELFARE,

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GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN-695001.

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2. THE CONTROLLING OFFICER OF HOMOEOPATHIC MEDICAL

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COLLEGES,

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GOVERNMENT HOMOEPATHY COLLEGE, IRANIMUTTOM P.O.

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TRIVANDRUM, PIN-695023.

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3. THE REGISTRAR,

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CALICUT UNIVERSITY, THENJIPALAM

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CALICUT UNIVERSITY P.O., MALAPPURAM-673635.

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4. THE PRINCIPAL,

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CALICUT HOMOEOPATHY MEDICAL COLLEGE, KARAPARAMBA, CALICUT. PIN-673010.

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5. THE REGISTRAR, KERALA UNIVERSITY OF MEDICAL AND ALLIED SCIENCES, GOVERNMENT MEDICAL COLLEGE CAMPUS, TRICHUR-680001.

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R5 BY ADV.SRI.P.SREEKUMAR R3 BY SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERSITY R1 &R2 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5402 of 2012 (A)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1:COPY OF THE ADMIT CARD DATED 22.06.2009. EXT.P2:COPY OF THE MEDICAL CERTIFICATE DATED 12.05.2010. EXT.P3:COPY OF THE LETTER DATED 26.06.2010. EXT.P4:COIPY OF THE CERTIFICATE DATED 23.09.2011 NO.1910/C3/09/GHMC. EXT.P5:COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 17.11.2011.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

PA T0 JUDGE

 T.R. RAMACHANDRAN NAIR, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~

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W.P.(C). No.5402/2012-A

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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~
 Dated this the 23rd day of May, 2012

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J U D G M E N T

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Petitioner is seeking for a direction to the Government to consider and pass orders on Ext.P5 representation to allow the petitioner to rejoin the M.D Course (Materia Medica) which she had discontinued on medical grounds.

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The facts of the case are the following:

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She is working as Tutor and Head of the Department in Materia Medica Department in Shree Vidyadhiraja Homoeopathic Medical College, Nemom, Thiruvananthapuram and is also working as Homoeopathy Doctor in the hospital of the above college. Ext.P1 is an Admit Card which will show that she was given admission to the first year MD Course (Materia Medica) in the year 2009 under the tutor's quota.

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It is also pointed out that after about 10 months and two weeks of the starting of the course, the petitioner fell very seriously ill with ovarian cyst problems and pelvic inflammatory disease. This compelled her to discontinue the studies. Ext.P2 is the copy of the medical certificate produced in support of the above plea. Even

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W.P.(C). No.5402/2012 -:2:-

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though leave was initially sought for, the same was rejected and she had discontinued the course from 12/05/2010. The petitioner has stated in detail in paras.4 and 5, certain other problems she had to face in relation to her pregnancy and the expenses incurred for various medical treatments. She finally delivered a baby girl on 11/07/2011.

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After rejoining the college on 29/09/2011 as Tutor, she sought for permission to continue her M.D course in the same batch as per Ext.P5.

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The file numbered pursuant to the submission of the representation is stated to be 505/2012/M(H&C) dated 08/02/2012, in the office of the first respondent.

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One of the prayers in the writ petition is to grant permission to the petitioner to complete the M.D course conducted by the fourth respondent or in the alternative to admit the petitioner to the “tutor's quota” in the new batch of M.D (Materia Medica) to be conducted by the fifth respondent.

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Heard learned counsel for the petitioner and the learned counsel for respondent Nos.1 to 3 and 5.

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W.P.(C). No.5402/2012

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-:3:-

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Learned counsel for the petitioner submitted that the Government may be directed to take a decision within a time frame.

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The writ petition is, therefore, disposed of directing the Government to consider and pass orders on Ext.P5 representation expeditiously, at any rate, within one month from the date of production of a copy of this Judgment. No costs.

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(T.R. Ramachandran Nair, Judge.)

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ms

Dr. Usha G. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr. Usha G. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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