Dismissed

The Chief Executive Trustee, Lissie Medical and Educational Institutions v. the Kerala University of Health Sciences

Kerala HC10 Nov 2020WP(C)/14604/2020

Case brief

AI extract

What is this about?

The Single Judge disposed of a writ petition seeking affiliation for enhanced B.Sc. MLT intake. Recording the University's submission that the application was under consideration, the Court directed the University to decide within two weeks.

What did the court decide?

Writ petition disposed of; University directed to decide on the enhancement application within two weeks.

The Chief Executive Trustee, Lissie Medical and… — Service and Employment | Kerala HC (2020)

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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 ANIL K.NARENDRAN

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TUESDAY, THE 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942

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WP(C).No.14604 OF 2020(A)

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PETITIONER:

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THE CHIEF EXECUTIVE TRUSTEE, LISSIE MEDICAL AND EDUCATIONAL INSTITUTIONS, LISSIE HOSPITAL COMPLEX,COCHIN-682018.

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BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE

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RESPONDENTS:

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1 THE KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., TRICHUR-680 596.

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2 THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O.,TRICHUR-680 596.

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*ADDL. R3 STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC HEALTH DEPARTMENT, THIRUVANANTHAPURAM.

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*ADDL. R4 THE DIRECTOR OF MEDICAL EDUCATION, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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ADDL.R3 AND R4 ARE SUO MOTU IMPLEADED AS PER ORDER DATED 12-08-2020 IN WP(C)

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R1&R2 BY SHRI.P.SREEKUMAR, STANDING COUNSEL, KERALA UNIVERSITY OF HEALTH SCIENCES

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R3&R4 SRI SUNIL NATH N.B., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.14604 OF 2020(A)

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JUDGMENT

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The petitioner, who is the Chief Executive of Lissie Medical and Educational Institutions, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent University to open their web portal immediately so as to enable the petitioner to apply for affiliation for enhanced intake for B.Sc. MLT Course, for the academic session 2020-21. The petitioner has also sought for a writ of certiorari to quash Ext.P6 letter dated 29.05.2019; and a writ of mandamus commanding the 1^st respondent University to accept plain paper application for affiliation of enhanced intake and to consider the same on merits, for the year 2020-21.

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On 21.07.2020, when this writ petition came up for admission, the learned Standing Counsel for the respondents sought time to get instructions.

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On 12.08.2020, the State and the Director of Medical Education were impleaded as additional respondents 3 and 4.

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On 26.08.2020, when this writ petition came up for consideration, this Court passed the following order;

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“The petitioner's grievance is that the University is not accepting application for affiliation for B.Sc. MLT for the

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W.P.(C) No.14604 OF 2020(A)

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academic year 2020-2021. The learned Standing Counsel submits that the University Governing Council has taken a decision only to accept new applications for the academic year 2021-2022. Without there being a challenge to that decision, this Court cannot entertain such relief. Considering the above, the Standing Counsel is directed to make available copy of such a decision on 7/9/2020.”

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On 06.10.2020, a statement has been filed by the 2^nd

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respondent, opposing the reliefs sought for in this writ petition.

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On 15.10.2020, when this writ petition came up for

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further consideration, this Court passed the following order;

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“The petitioner has filed this writ petition seeking enhancement of intake for B.Sc. MLT Course. The grievance of the petitioner is that the respondent University is not opening their web portal so as to enable the petitioner to apply for enhanced intake for B.Sc. MLT Course for the academic session 20202021.

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During the course of arguments, the learned Senior Counsel for the petitioner would place reliance on Ext.P3 inspection report dated 04.05.2017, which is a composite report for the purpose of extension of affiliation of the existing nursing programme and also for B.Sc. MLT Course, in which it was found that the petitioner's institution is having sufficient facilities for B.Sc. MLT Course with an intake of 30 students.

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During the course of arguments, on a query made by this Court, the learned Standing Counsel for University would submit that the Governing Council of the University is scheduled to meet on 17.10.2020.

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Having considered the pleadings and materials on record and

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W.P.(C) No.14604 OF 2020(A)

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also the submissions made by the learned counsel on both sides, this Court deem it appropriate to direct the respondents to place the matter relating to enhancement of intake for B.Sc. MLT Course in the petitioner's institution, for the academic session 2020-2021, in the meeting of the Governing Council of the University scheduled to be held on 17.10.2020. The Governing Council shall consider that request and take an appropriate decision, strictly in accordance with law.”

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On 23.10.2020, when this writ petition came up for

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consideration, this Court passed the following order;

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“The learned Standing Counsel for the 1^st respondent University, on instructions, would submit that the Governing Council of the University, which met on 17.10.2020, has decided to permit the petitioner to make an application for enhancement of intake of B.Sc. MLT Course for the academic session 2020-21 and that, the 2^nd respondent Registrar shall take necessary steps to ensure that the web portal of the University is kept open so as to enable the petitioner to submit application. The learned Standing Counsel would also submit that the date for submission of online application shall be intimated to the petitioner, in due course.

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The above submissions made by the learned Standing Counsel are recorded.”

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Today, when this case is taken up for consideration, it is submitted by the learned Standing Counsel for the 1^st respondent University that, in terms of the order of this Court dated 23.10.2020, the petitioner has already made an application for enhancement of intake for B.Sc. MLT Course for the academic

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W.P.(C) No.14604 OF 2020(A)

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session 2020-21, which is under consideration and the University shall take an appropriate decision on that application, without any delay.

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The learned Senior Counsel for the petitioner would submit that, recording the aforesaid submission made by the learned Standing Counsel for the University this writ petition may be disposed of, fixing a reasonable time for the University to take a decision on that application.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of, taking note of the fact that, in terms of the order of this Court dated 23.10.2020, the petitioner has already made an application for enhancement of intake for B.Sc. MLT Course, for the academic session 2020-21, and that application is under consideration of the 1^st respondent University. The University shall take an appropriate decision on that application, strictly in accordance with law, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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bpr

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W.P.(C) No.14604 OF 2020(A)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ORDER DATED 05.04.2016 ISSUED BY THE GOVERNMENT
EXHIBIT P2	TRUE COPY OF THE ORDER NO.2016/14341/1AC2/PM/A2 DATED 15.11.2017.
EXHIBIT P3	TRUE COPY OF THE INSPECTION REPORT DATED 8.5.2017 BY THE KERALA UNIVERSITY OF HEALTH SCIENCES.
EXHIBIT P4	TRUE COPY OF THE LETTER DATED 11.02.2019 ISSUED BY THE DIRECTOR OF LISIE MEDICAL AND EDUCATIONAL INSTITUTIONS.
EXHIBIT P5	COPY OF THE REPRESENTATION DATED 08.04.2019 ISSUED BY THE DIRECTOR OF LISIE MEDICAL AND EDUCATIONAL INSTITUTIONS
EXHIBIT P6	TRUE COPY OF THE LETTER DATED 29.05.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE ORDER DATED 16.08.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE NOTIFICATION DATED 03.01.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE JUDGMENT DATED 09.07.2019 IN W.A.NO.1485/2019 OF THIS HON.COURT.
RESPONDENTS' EXHI	BITS:
ANNEXURE R2(A)	A TRUE COPY OF THE MINUTES OF THE GOVERNING COUNCIL HELD ON 25.07.2020.
ANNEXURE R2(B)	A TRUE COPY OF THE NOTIFICATION DATED 27.08.2020 ISSUED BY THE 1ST RESPONDENT.

The Chief Executive Trustee, Lissie Medical and Educational Institutions v. the Kerala University of Health Sciences

Case brief

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The Chief Executive Trustee, Lissie Medical and Educational Institutions v. the Kerala University of Health Sciences

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