Dismissed

Paramedical Students Association Reg. No. KTM/DC/301/2013, v. State of Kerala

Kerala HC11 Dec 2019WP(C)/20804/2019

Case brief

AI extract

What is this about?

Writ petitions regarding clinical training for Bsc MRT students were disposed of as the Kerala University of Health Sciences decided to conduct training at General Hospital, Ernakulam. The court recorded this decision and directed the State Government to implement the relevant order.

What did the court decide?

Direction to the State Government to implement Ext.P8 order specified above in terms of the decision of the University.

Paramedical Students Association Reg. No… — Education and Admissions | Kerala HC (2019)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941

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WP(C).No.20804 OF 2019(A)

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PETITIONER/S:

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1 PARAMEDICAL STUDENTS ASSOCIATION REG. NO. KTM/DC/301/2013, AN ASSOCIATION REGISTERED UNDER THE TRAVANCORE COCHIN LITERARY SCIENTIFIC AND CHARITABLE SOCIETIES ACT REPRESENTED BY ITS PRESIDENT ARAVIND MS. AGED 23 YEARS, S/O. MURALLEDHARAN UNNITHAN .P., ARAVINDAN, MUKKANNOR, VENJARAMOODU P.O.,-7695 607

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2 MOHAMMED RAHEES.K.K., AGED 20 YEARS S/O. ABDUL SAMAD, MANIKKOTH HOUSE, PADIKKAL, VELIMUKKU SOUTH P.O., MALAPPURAM-6786 317, (SECRETARY, PARAMEDICAL STUDENTS ASSOCIATION REG. NO. KTM/DC/301/2013)

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3 SUBIN, AGED 22 YEARS S/O. SHAMBU HARIS,SUBIN NIVAS, KARAKKADU,KUTTIKKADU P.O., KADAKKAL, KOLLAM-691 536

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4 ALHAROONSHA.M., AGED 19 YEARS S/O. MOHAMMED SABEER, SAFALYAM, VALLIKUNNAM P.O., ALAPUZHA-690 501

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BY ADVS. SRI.JOHNSON GOMEZ SRI.C.UNNIKRISHNAN (KOLLAM) SRI.M.R.SUDHEENDRAN SRI.SANJAY JOHNSON SHRI. ABDUL JABBARUDEEN.M SMT.UTHARA A.S

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE ADDL. CHIEF SECRETARY, HEALTH AND FAMILY WELFARE (C) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-01

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2 THE DIRECTOR OF MEDICAL EDUCATIONAL,

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WP(C).No.20804 & 23170 OF 2019(A)

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MEDICAL COLLEGE P.O., TRIVANDRUM-01

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3 THE SUPERINTEDENT, MEDICAL COLLEGE, KOTTAYAM-686 008

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4 THE PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM-686 008

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5 THE KERALA UNIVERSITY OF HEALTH SCIENCE , REPRESENTED BY ITS VICE CHANCELLOR, KUHS, MEDICAL COLLEGE CAMPUS, THRISSUR-680 596

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6 CENTRE FOR PROFESSIONAL AND ADVANCED STUDIES , REPRESENTED BY ITS DIRECTOR, MEDICAL COLLEGE P.O., GANDHI NAGAR, KOTTAYAM-8

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7 THE SCHOOL OF MEDICAL EDUCATION, REPRESENTED BY ITS DIRECTOR, MEDICAL COLLEGE P.O., GANDHI NAGAR, KOTTAYAM-8

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8 ADDL.R8. ARJUN S AGED 21 YEARS S/O. SANTHOSH KUMAR, KALATHATTUNGAL HOUSE P.O., AVALOOKUNNU, ALAPPUZHA - 688006

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9 ADDL.R9. MITHUN K.B., S/O. KUMAR G, K.B.BHAVAN, P.O., AZHOOR THIRUVANANTHAPURAM - 695305.

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10 ADDL.R10. AMAL PRAKASH, AGED 20 YEARS S/O. PRAKASH.K., KOTTARATH HOUSE, P.O. EACHOME, WAYANAD - 670721.

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11 ADDL.R11. TONY VARGHESE, AGED 20 YEARS S/O. VARGHESE, CHAKKALAKKAL HOUSE, CHERAI P.O., ERNAKULAM - 683514.

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12 ADDL.R12. MURUKESAN, F/O.NIVEDHITHA, NITHYAM HOUSE, KUTHIRAVATTOM ROAD, IRIMPANAM P.O., CHITHRANJALI JUNCTION, IRIMBANAM, ERNAKULAM – 682309

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WP(C).No.20804 & 23170 OF 2019(A)

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13 ADDL.R13. MUHAMMED YOOSUF, F/O.AMINA MUHAMMED, PUTHUPARAMBIL, P.O. NADAKKAL, ERATTUPETTA, KOTTAYAM - 686124. ADDL.R8 TO R13 ARE IMPLEADED AS PER ORDER DATED 22.10.2019.

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R5 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE R8 BY ADV. K.P.PRADEEP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2019, ALONG WITH WP(C).23170/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20804 & 23170 OF 2019(A)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941

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WP(C).No.23170 OF 2019(U)

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PETITIONER/S:

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1 GOPU MOHAN AGED 20 YEARS S/O MOHANAKUMAR.K.R,VIJAYA BHAVAN, MALLOOSSERY.P.O,KOTTAYAM-686041.

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2 SARATH.T.K, S/O RAVI.T.K,THENGHATHU KALATHIL HOUSE, EZHUVATHIRUTHY.P.O,PONNANI,MALAPPURAM-679577.

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3 ABHINAV.B.S, S/O BABU,KALLUNIRAYIL HOUSE,KALLUNIRA.P.O, VALAYAM,KOZHIKODE-673517.

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4 CIBIN JACOB, S/O JACOB VARGHESE,PANANTHANAM HOUSE, UPPUTHURA.P.O,UPPUTHARA,IDUKKI-685505.

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BY ADVS. DR.K.P.PRADEEP SRI.SANAND RAMAKRISHNAN SMT.NEENA ARIMBOOR SRI.T.T.BIJU SMT.T.THASMI

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

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2 THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

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WP(C).No.20804 & 23170 OF 2019(A)

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3 THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION,GOVERNMENT OF KERALA,MEDICAL COLLEGE.P.O.THIRUVANANTHAPURAM695011.

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4 SCHOOL OF MEDICAL EDUCATION, FORMERLY UNIVERSITY COLLEGE OF MEDICAL EDUCATION,ARPOOKARA,GANDHI NAGAR.P.O, KOTTAYAM-686008,REPRESENTED BY ITS DIRECTOR.

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5 CENTRE FOR PROFESSIONAL AND ADVANCED STUDIES, GANDHI NAGAR.P.O,KOTTAYAM-686008,REPRESENTED BY ITS DIRECTOR.

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6 MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS.P.O,KOTTAYAM-686560, REPRESENTED BY ITS REGISTRAR.

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7 KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR,MEDICAL COLLEGE,P.O.THRISSUR, KERALA-680596,REPRESENTED BY ITS REGISTRAR.

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8 GOVERNMENT MEDICAL COLLEGE HOSPITAL, GANDHI NAGAR,KOTTAYAM-686008, REPRESENTED BY ITS PRINCIPAL.

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R7 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE

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OTHER PRESENT:

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SRI.M.A.ASIF SPL. GOVERNMENT PLEADER, SRI.P.SREEKUMAR STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2019, ALONG WITH WP(C).20804/2019(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20804 & 23170 OF 2019(A)

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JUDGMENT

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These writ petitions are materially connected in respect of clinical training given to the Bsc MRT students. According to the petitioner in W.P.(C)No.23170/2019, Ext.P8 order of the Government dated 21.8.2018 is not implemented in respect of the clinical training and thereupon they are put to various difficulties.

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W.P(C)No.20804/2019 is filed by the Para Medical Students Association and Others stating that, if Bsc.MRT students are allowed to undergo clinical training in Kottayam Medical College, it will materially affect them. Any how the Kerala University of Health Sciences have now taken a decision to conduct the clinical training of Bsc MRT students at General Hospital, Ernakulam. The decision read thus:

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“Decision: The Governing Council discussed the matter in detail and decided to grant continuation of provisional affiliation to conduct Bsc. MRT course (30 seats) at School of Medical Education, Gandhinagar for the academic year 2019-20 on following conditions:

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The teaching factuly of the college (SME) shall be present for imparting training to the students at Govt.Hospital,

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WP(C).No.20804 & 23170 OF 2019(A)

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Ernakulam.

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Clinical training for all the 30 students shall be ensured at the same institution on rotational basis.

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A consent letter from the Superintendent of Govt.Hospital, Ernakulam (AERB approved), where the training is proposed to be conducted, shall be submitted.

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College should inform the batch wise posting details to the University.”

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Therefore, in my considered opinion, the relief sought for by the petitioner in both the writ petitions are virtually satisfied. In that view of the matter, these writ petitions are disposed of, recording that the University has decided to conduct clinical training of Bsc MRT students at General Hospital, Ernakulam. Consequentially, there will a direction to the State Government to implement Ext.P8 order specified above, in terms of the decision of the University.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No.20804 & 23170 OF 2019(A)

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE ORDER NO.13665/AC11/PM/A1/KUHS/2018 DATED 13/6/2019
EXHIBIT P2	TRUE COPY OF THE GO NO.2640/2018 DATED 21/8/2018
EXHIBIT P3	A TRUE COPY OF THE LETTER NO.CA 247/2019 MCHG DATED 12/7/19 OF THE SUPERINTENDENT OF MEDICAL COLLEGE
EXHIBIT P4	A TRUE COPY OF THE LETTER NO.243/RD DATED 29/6/2019 OF THE PROFESSOR, DEPARTMENT OF RADIO DIAGNOSIS
EXHIBIT P5	A TRUE COPY OF THE LETTER DATED 1/7/2019 OF THE PROFESSOR AND HEAD, DEPARTMENT OF RADIOLOGY GOVT MEDICAL COLLEGE, KOTTAYAM
EXHIBIT P6	A TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 22/7/2019
EXHIBIT P7	A TRUE COPY OF THE LETTER DATED 23/7/2019 OF THE PRINCIPAL GOVT MEDICAL COLLEGE , KOTTAYAM
EXHIBIT P8	A TRUE COPY OF THE LETTER DATED 23/7/2019 FROM THE DEPARTMENT OF MICROBIOLOGY
EXHIBIT P9	A TRUE COPY OF THE LETTER DATED 23/7/2019 FROM THE DEPARTMENT OF BIOCHEMISTRY

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WP(C).No.20804 & 23170 OF 2019(A)

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APPENDIX OF WP(C) 23170/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE GO(MS)NO.15/2005/H & FWD DATED 13.01.2005 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE LETTER NO.RMC/8/2001 DATED 9.2.2001 ISSUED BY THE HEAD OF RADIATION MEDICINE CENTRE,BARC.
EXHIBIT P3	TRUE COPY OF THE LETTER NO.AERB/RSD/RTT- COURSE/MGU/2012/3661 DATED 16.3.2012 ISSUED BY THE ATOMIC ENERGY REGULATORY BOARD,GOVERNMENT OF INDIA.
EXHIBIT P4	TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS DATED 31.8.2016 ON THE ATOMIC ENGERGY REGULATORY BOARD.
EXHIBIT P5	TRUE COPY OF THE GO(MS)NO.101/2017/H EDN DATED 06.04.2017
EXHIBIT P6	TRUE COPY OF THE ORDER GO(MS)NO.195/14/H DATED 6.04.2017
EXHIBIT P7	TRUE COPY OF THE CERTIFICATE NO B3/30960/2017 DME DATED 25.09.2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P8	TRUE COPY OF GO(MS)NO.2640/2018/H&FWD DATED 21.08.2018
EXHIBIT P9	TRUE COPY OF THE ORDER NO.8646/AC II/PM/A1/2017 DATED 21.11.2017 ISSUED BY THE 7TH RESPONDENT
EXHIBIT P10	TRUE COPY OF THE COMMUNICATION NO.7227/AC H/PM/A1/KUHS/2018 DATED 24.01.2019 ISSUED BY THE 7TH RESPONDENT
EXHIBIT P11	TRUE COPY OF THE LETTER DATED 28.1.2019 SUBMITTED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT
EXHIBIT P12	TRUE COPY OF THE NOTICE NO.13665/AC II/PM/A1/KUHS/2018 DATED 12.04.2018 ISSUED BY THE 7TH RESPONDENT TO THE 4TH RESPONDENT

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WP(C).No.20804 & 23170 OF 2019(A)

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EXHIBIT P13 TRUE COPY OF THE LETTER DATED 21.05.2019 SUBMITTED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT EXHIBIT P14 TRUE COPY OF THE ORDER NO.13665/AC II/PM/A1/KUHS/2018 DATED 13.06.2018 ISSUED BY THE 7TH RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P15 TRUE COPY OF THE LETTER DATED 17.6.2019 SUBMITTED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT EXHIBIT P16 TRUE COPY OF THE LETTER DATED 12.7.2019 SUBMITTED BY THE 4TH RESPONDENT TO THE 8TH RESPONDENT. EXHIBIT P17 TRUE COPY OF THE COMMUNICATION NO CA 247/2019/MCHG DATED 12.07.2019 ISSUED BY THE GOVERNMENT MEDICAL COLLEGE,KOTTAYAM TO THE 4TH RESPONDENT.

Paramedical Students Association Reg. No. KTM/DC/301/2013, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Paramedical Students Association Reg. No. KTM/DC/301/2013, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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