On 10.06.2019, Justice P.V. Asba delivered the judgment in writ petitions filed by medical colleges seeking affiliation extension. The court referred to a prior judgment declaring deemed Loss of Provisional Registration in favor of the petitioners and directed the University to extend affiliation for students admitted in 2017-18.
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
MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941
WP(C).No. 22898 of 2018
PETITIONER/S:
THE CHAIRMAN
AL AZHAR MEDICAL COLLEGE AND SUPER SPECIALTY HOSPITAL,KUMARAMANGALAM, THODUPUZHA-685 608
BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.P.M.SANEER SRI.TONY GEORGE KANNANTHANAM
RESPONDENT/S:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,TRICHUR-680 596
2 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,SECRETARIAT, TRIVANDRUM-695 001
*3 ADDL.R3 to R12 IMPLEADAED :-
ANNA JOE D/O. JOE JOSEPH KOCHIKUNNEL, AGED 19 YEARS, 11A RDS PAUL ABRAO RESIDENCY, CHITTOOR ROAD, COCHIN - 682 018.
4 ANJU S.J. D/O. V.K. JAYAKUMAR, AGED 20 YEARS, SREEJAYA, SREEVALSAM NAGAR - 58, VADAKKEVILA P.O., KOLLAM - 691 010.
5 ANU JISMON D/O.JISMON P.VARGHESE, AGED 20 YEARS, PLAPPARAMBIL HOUSE, MUNDUPARAMBA P.O., MALAPPURAM, PIN - 676 509.
6 ANU KRISHNA K. D/O.SHIVANANDAN K., AGED 20 YEARS, KUNNATHUPARAMBIL ANUGRAHA HOUSE, PATHIRIYAL P.O.,
WP(C).Nos. 22898 of 2018, 622 & 762 of 2019
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***(ADDL.R3 TO R12 ARE IMPLEADED AS PER ORDER DATED 27.11.2018 IN IA 1/18.)**
14 ANJALI RAJAN T. D/O. RAJAN T., AGED 21 YEARS, RAJBHAVAN, EAST NALLUR VIA, FEROKE P.O., CALICUT - 673631
WP(C).Nos. 22898 of 2018, 622 & 762 of 2019
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16 JINCY J.S. D/O. K. JOSE, AGED 21 YEARS, JESUS COTTAGE, CHAMAVILAPURAM, MYLAKKARA P.O., TRIVANDRUM - 695572.
D/O. CHANDRAKUMAR K.D., AGED 20 YEARS, KURUMAMPUZHA HOUSE, MUDIKKODE, PATTIKKAD P.O.,
THRISSUR - 680682.
S/O. MONI, AGED 19 YEARS, POURNAMI, PERUVARAM, NORTH PARUR, ERNAKULAM - 683513.
26 ARATHY MURAD
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D/O. D. MURAD, AGED 21 YEARS, SANKARATT, AVALOOKKUNNU P.O., ARYAD, ALAPPUZHA - 688006.
29 MEGHNA BINU
D/O. MOHMD SADAKKATHULLAH, AGED 18 YEARS, KOTTAKKUDAN HOUSE, VELLURANKADU P.O., PANDIKKADU, MALAPPURAM - 676521.
D/O. N. MUHAMMED ALI, AGED 21 YEARS, NEELAMBARA HOUSE, MANHAPETTY, KOORADU P.O., MALAPPURAM - 679339.
33 FATHIMA ZEBA
D/O. SHAHID KHAN, AGED 20 YEARS, K.P. HOUSE, PAPPINIPPARA P.O., MANJERI, PIN - 676122.
36 ARYA ASHOK
D/O. ASHOK KUMAR K.P., AGED 21 YEARS, KULANGARAKKAL HOUSE, VENMONY WEST, CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689 509
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38 SAYANA J.S. D/O. JAHAMGHEER S., AGED 19 YEARS, T.C. 34/1172 (2)M, SULAIMAN STREET, NEAR AIRPORT, VALLAKKADAVU P.O., TRIVANDRUM - 695508.
39 MARIYAM THERESA JOSEPH
AGED 21 YEARS, D/O. JOSEPH VAZHAPPILLY, VAZHAPPILLY HOUSE, ST. MARTIN STREET, KURIACHIRA, THRISSUR - 680006.
40 RIYANA Y. D/O. T.YOOSAF, AGED 19 YEARS, NAJARA MANZIL, THENNOOR P.O., PERINJAMALA, TRIVANDRUM - 695 563
41 AISHWARYA AJAY AGED 19 YEARS, D/O. AJAY, PANTHADIMUKKALI HOUSE, AYILARA P.O., EROOR, KOLLAM - 691 312
42 PARVATHI PREM
AGED 19 YEARS, D/O. PREM, PRANAVAM, 5/360, ROSE GARDEN, MUKKOLA, NETTAYAM P.O., TRIVANDRUM - 695013.
43 ANAGHA P.R. AGED 19 YEARS, D/O. N.S. PACHU, T.C. 5/1988, SREEKRISHNA LANE, TRIVANDRUM - 695 003
44 ALISHA SHAJAHAN AGED 19 YEARS, D/O. SHAJAHAN, ALI COTTAGE, MMRA - 92, T.C. 6/1041 (12), MANCHADIMOODU, VATTIYOORKKAVU P.O., TRIVANDRUM - 695013.
45 ALEESHA K.K. AGED 19 YEARS, D/O. BALAKRISHNAN K.K., KRISHNAVALSAM, PERAMBRA, MENHANIAM P.O., KOZHIKKODU - 673 525.
46 MARWINROSE M. AGED 21 YEARS, D/O. WINCENT M.M., MUTHANATTU, KOTTIYOOR P.O., KANNUR - 670651.
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**48 ASHLIN T. JAMES AGED 20 YEARS, D/O. JAMES THYPARAMBIL HOUSE, PANAMARAM P.O., WAYANAD - 670 721 49 ATUL VINCENT AGED 20 YEARS S/O. VINCENT K.M., KATTAMKOTTIL HOUSE, KANICHAR, KANNUR - 670674. (ADDL.R13 TO R49 ARE IMPLEADED AS PER ORDER DATED 27.11.2018 IN IA 2/2018.) 50 ADDL.R50 IMPEADED :- UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, NIRMAN BHAVAN, NEW DELHI - 110 011.
***(ADDL.R50 IMPLEADED AS PER ORDER DATED 27.11.2018 IN IA 4/18.)**
BY ADVS. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE SRI.REJI GEORGE SRI.BINOY DAVIS SRI.JOE JOSEPH KOCHIKUNNEL SRI.P.SREEKUMARSCKERALA UTY.HEALTH AND ALLIED SCIENCE SRI.RAJAGOPALAN.A., CGC SPECIAL GP SRI.M.P.MUHAMMED FAZIL SRI.P.VIJAYAKUMAR ,ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2019, ALONG WITH WP(C).622/2019, WP(C).762/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos. 22898 of 2018, 622 & 762 of 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941
WP(C).No. 622 of 2019
PETITIONER/S:
THE CHAIRMAN, AL AZHAR MEDICAL COLLEGE AND SUPER SPECIALITY HOSPITAL KUMRAMANGALAM, THODUPUZHA-685 608
BY ADV. SRI.P.M.SANEER
RESPONDENT/S:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., TRICHUR-680 596
*2 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRAMN BHAVAN, NEW DELHI-110 011 3 ADDL.R3 IMPLEADED :
MEDICAL COUNCIL OF INDIA REP.BY ITS SECRETARY, DADA DEV MANDIR ROAD, DWARKA PHASE-1, POCKET 14, SECTOR 8 DWARKA, NEW DELHI, DELHI-110077.
***(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 10/01/2019 IN IA.NO.01/2019)**
BY ADVS. SRI.DINESH R.SHENOY, CGC SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2019, ALONG WITH WP(C).762/2019, WP(C).22898/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos. 22898 of 2018, 622 & 762 of 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941
WP(C).No. 762 of 2019
PETITIONER/S:
MOUNT ZION MEDICAL COLLEGE CHAYALODU P.O., ADOOR, PATHANAMTHITTA DISTRICT 691 556 REPRESENTED BY CHAIRMAN K.J. ABRAHAM
BY ADVS. SRI.V.SREEJITH (K/1398/2000) SMT.VIDYA KURIAKOSE
RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE P.O., THRISSUR 680 596, REPRESENTED BY ITS REGISTRAR.
2 UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVENRMENT, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAL BHAVAN, NEW DELHI 110 01
3 MEDICAL COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR-8, DWARAKA, NEW DELHI 110025
BY ADVS. SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2019, ALONG WITH WP(C).622/2019, WP(C).22898/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos. 22898 of 2018, 622 & 762 of 2019
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JUDGMENT
In the judgment in w.P.C.Nos.38861 of 2018 & 3636 of 2019, it was declared that there will be deemed LOP in favour of the petitioners' colleges. The University shall therefore take appropriate action for extension of affiliation to the petitioners' colleges so as to enable the students admitted in 2017-18 to continue the course in
petitioners' colleges.
directing the University to take appropriate action as expeditiously as possible.
SMA
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APPENDIX OF WP(C) 22898/2018
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 HON. COURT EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 25.10.2016 SUBMITTED BY THE PETITIONER TO THE UNIVERSITY FOR RENEWAL 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 WP(C) NO.825/2017 OF THE HON'BLE SUPREME COURT EXHIBIT P5 TRUE COPY OF THE LETTER DATED 10.10.2017 OF THE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 19.1.2018 OF THE ADMISSION SUPERVISORY COMMITTEE EXHIBIT P7 TRUE COPY OF THE PRINTOUT OF THE CONSOLIDATED REPORT-STUDENT REGISTRATION ISSUED BY THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE LETTER DATED 18-5-2018 ISSUED FROM THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE NOTIFICATION DATED 146-12018 ISSUED BY THE CONTROLLER OF EXAMINATION EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 2- 7-2017 TO THE 1ST RESPONDENT EXHIBIT P11 TRUE COPY OF THE THEORY EXAMINATION TIME TABLE DATED 3-7-2-18 ISSUED BY THE CONTROLLER OF EXAMINATIONS
RESPONDENT(S)' EXHIBITS :- NIL
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APPENDIX OF WP(C) 622/2019
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 NOTIFICATION ISSUED BY THE UNIVERSITY DATED 15.12.2018 EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 5.1.2019 ADDRESSED TO THE 1ST RESPONDENT EXHIBIT P11 TRUE COPY OF THE TIME TABLE ISSUED BY THE UNIVERSITY DATED 31.12.2018
RESPONDENT(S)' EXHIBITS :- NIL
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APPENDIX OF WP(C) 762/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 31.10.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 22.9.2017 IN WPC NO. 825 OF 2017 OF THE HONBLE SUPREME COURT OF INDIA
EXHIBIT P3 TRUE COPY OF THE CONSOLIDATED REPORT OF STUDENT REGISTRATION ISSUED BY THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 10.7.2018 IN WPC NO. 23129 OF 2018 OF THIS HONBLE COURT EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 13.12.2018 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 2.1.2019 SUBMITTED BY THE 1ST RESPONDENT
RESPONDENT(S)' EXHIBITS :- NIL
SMA
Colour shows how this judgement treated each authority
W.P.C.Nos.38861 of 2018 & 3636 of 2019Referred¶126
Al Azhar Medical College and Super Specialty Hospital
Mount Zion Medical College
The Kerala University of Health Science
The State of Kerala
Union of India
Medical Council of India
P.V. Asba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
