Petitioner college sought LOP for admissions for the year 2017-18. Court declared deemed LOP exists for the college based on Ext.P9 from the Central Government, relying on the Apex Court judgment.
Declared that there is deemed LOP for the year 2017-18 for the College.
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 SMT. JUSTICE P.V.ASHA
FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941 WP(C).No. 38861 of 2018
PETITIONER:
THE CHAIRMAN, AL AZHAR MEDICAL COLLEGE AND SUPER SPECIALTY HOSPITAL, KUMARAMANGALAM, THODUPUZHA-685608.
BY ADVS.
SRI.P.M.SANEER SRI.THOMAS GEORGE SRI.TONY GEORGE KANNANTHANAM
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110 011.
2 THE MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR B, DWARAKA PHASE 1, NEW DELHI-110 077.
BY ADV. SRI.B.RAMACHANDRAN, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 38861 of 2018
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JUDGMENT
This writ petition is filed seeking the
following reliefs:
“(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent Central Government to issue necessary LOP to the petitioner's college for the academic year 2017-18.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to give recommendation to the 1st respondent for issuing LOP for the academic year 2017-18, in the light of the orders issued by the Honourable Apex Court in the W.P.(C) No.825/2017.
WP(C).No. 38861 of 2018
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2. The petitioner has along with
I.A.No.1/2019 produced Ext.P9 issued by the Government of India, in which it is informed that the Central Government has decided to regularise the admission of the students admitted in the petitioner college in the academic year 2017-18 in terms of the judgment dated 22.09.2017 passed by the Apex Court in W.P.(C) No.825/2017.
3. I heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Board of governance of the 2nd respondent.
In view of Ext.P9, it is declared that there is deemed LOP for the year 2017-18 for the College.
This writ petition is disposed of, accordingly. Sd/-
P.V.ASHA, JUDGE.
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WP(C).No. 38861 of 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER DATED 25.8.2017 IN W.P.(C) NO.27307/2017 OF THIS HONOURABLE COURT.
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 25.10.2016 SUBMITTED BY THE PETITIONER TO THE UNIVERSITY FOR RENEWAL OF AFFILIATION FOR 2017-18.
EXHIBIT P3 TRUE COPY OF THE LIST OF CANDIDATES ADMITTED IN PETITIONER'S COLLEGE. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 22.9.2017 IN W.P.(C)NO.825/2017 OF THE HONOURABLE SUPREME COURT. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 10.10.2017 OF THE KERALA UNIVERSITY OF HEALTH SCIENCE. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 19.1.2018 OF ADMISSION SUPERVISORY COMMITTEE. EXHIBIT P7 TRUE COPY OF THE PRINTOUT OF THE CONSOLIDATED REPORT-STUDENT REGISTRATION ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCE.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 18.5.2018 ISSUED BY THE KERALA UNIVERSITY OF SCIENCE. EXHIBIT P9 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 22/04/2019
2 issues framed by the court
Whether to declare deemed Letter of Permission for the petitioner's college for the academic year 2017-18 in light of the Supreme Court order
Whether the petitioner is entitled to LO P from the respondents for the academic year 2017-18
Colour shows how this judgement treated each authority
W.P.(C) No.825/2017Referred¶27
The Chairman, Al Azhar Medical College and Super Specialty Hospital, Kumaramangalam
Union of India
Medical Council of India
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.V.ASHA
Parties & counsel
