Disposed

Adheena Joemon, v. State of Kerala

Kerala HC17 Nov 2020WP(C)/5297/2020

Case brief

AI extract

What is this about?

This is a writ petition seeking mandamus to direct the Kerala University of Health Sciences to affiliate a college and declare no NOC requirement. The court directed the University to consider pending affiliation applications within three weeks with notice to the college, leaving the NOC necessity question open.

What did the court decide?

Directed the 3rd respondent to consider Ext.P4 and P5 applications regarding M.Sc. courses made by the 6th respondent within three weeks with notice to the college.

Adheena Joemon, Vs State of Kerala — Education and Admissions | 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 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942

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WP(C).No.5297 OF 2020(J)

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PETITIONER/S:

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1 ADHEENA JOEMON, AGED 19 YEARS D/O.JOEMON BENJAMIN, RESIDING AT DREAM VILLA, DREAM LAND, NETHAJI ROAD, PADAVARAD, OLLUR P.O., TRICHUR, PIN - 680 306.

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2 NILEENA V.R., AGED 21 YEARS D/O.RAJEEVAN V.,VELUTHEDATH HOUSE, PAYYOLI ANGADI P.O., KOZHIKODE DISTRICT, PIN - 673 523.

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3 MANEESHA V.MANIKUTTAN, AGED 23 YEARS D/O.V.N.MANIKUTTAN, VETTIKATTUKULAM, KUMARAKAM P.O., KOTTAYAM DISTRICT, PIN - 686 563.

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BY ADVS. SRI.THOMAS M.JACOB SRI.AKHIL K.MADHAV SRI.T.R.JERRY SEBASTIAN SRI.V.PRASANTH

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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2 THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, ROOM NO.216, 3RD FLOOR, NORTH SANDWICH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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W.P.(C) No.5297 of 2020

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3 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS), MEDICAL COLLEGE P.O., THRISSUR, PIN - 680 596, REPRESENTED BY ITS REGISTRAR.

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4 THE MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM, PIN - 686 560, REPRESENTED BY ITS REGISTRAR.

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5 THE CENTRE FOR PROFESSIONAL AND ADVANCED STUDIES (CPAS), GANDHI NAGAR P.O., KOTTAYAM, PIN - 686 008, REPRESENTED BY ITS DIRECTOR.

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6 THE SCHOOL OF MEDICAL EDUCATION, GANDHI NAGAR P.O., KOTTAYAM, PIN - 686 008, REPRESENTED BY ITS PRINCIPAL.

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R3 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES

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OTHER PRESENT:

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SRI P.C.SASIDHARAN-STANDING COUNSEL ; SRI SUNIL NATH N.B- GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.5297 of 2020

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JUDGMENT

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The 1^st petitioner is studying in the 6^th respondent

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College for 2^nd year B.Sc. Medical Microbiology course; the 2^nd petitioner for 1^st year M.Sc. Medical Microbiology course and the 3^rd petitioner for 1^st year M.Sc. Medical Biochemistry course. The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 3^rd respondent University to affiliate the 6^th respondent college, under Section 50 of the Kerala University of Health Sciences Act, 2010, within a time frame to be fixed by this Court; a declaration that there is no requirement for no objection certificate from the Government for any of the subjects/courses being taught in colleges/educational institutions that are statutorily affiliated to 3^rd respondent University under Section 50 of the Kerala University of Health Sciences Act, 2010; and a writ of mandamus commanding the 3^rd respondent University to duly recognise the courses of the petitioners in 6^th respondent college that got transferred under the 3^rd respondent University as per section 50 of the Kerala University of Health

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W.P.(C) No.5297 of 2020

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Sciences Act, 2010.

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On 25.02.2020, when this writ petition came up for admission, the learned Government Pleader took notice for respondents 1 and 2. The respective Standing Counsel took notice for the 3^rd respondent University; the 4^th respondent University and also for respondents 5 and 6.

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Heard the learned counsel for the petitioners, the learned Government Pleader and also the respective Standing Counsel for respondents 3 to 6.

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During the course of arguments, the learned counsel for the petitioners would confine the reliefs sought for in this writ petition is one directing the 3^rd respondent University to consider and take appropriate decision on Ext.P4 application dated 24.06.2019 in relation to M.Sc. Medical Biochemistry course and Ext.P5 application dated 24.06.2019 in relation to M.Sc. Medical Microbiology course made by the 6^th respondent College seeking affiliation.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 3^rd respondent to consider and pass orders on

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W.P.(C) No.5297 of 2020

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Exts.P4 and P5 applications made by the 6^th respondent, with notice to an authorised representative of the 6^th respondent college, as expeditiously as possible at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment. The question as to whether such an application can be considered without a no objection certificate from the Government is left open to be decided by the 3^rd respondent, at the time of consideration of those applications.

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It is made clear that, the directions contained in this judgment is to consider those applications strictly in accordance with law, since, as held by the Apex Court in State of U.P and others v. Harish Chandra and others [1996 (9) SCC 309] no mandamus can be issued to direct an authority to do something which is contrary to law. The said principal is reiterated by the Apex Court in Bhaskara Rao A.B v. Inspector of Police CBI, Visakhapatanam

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[2011 (10) SCC 259] . sd/-

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ANIL K.NARENDRAN JUDGE

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das

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W.P.(C) No.5297 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LETTER NO.12/CPAS/AFFILIATION/2017 DATED 14/6/2019 FROM 5TH RESPONDENT SEEKING NOC FROM DEPARTMENT OF HIGHER EDUCATION.

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EXHIBIT P2 TRUE COP OF CONDITIONAL PROVISIONAL AFFILIATION NO.8603/AC II/PM/A1/2017 DATED 13/11/2017 ISSUED BY 3RD RESPONDENT TO THE 6TH RESPONDENT FOR STARTING B.SC.MEDIAL MICROBIOLOGY COURSE DURING THE ACADEMIC YEAR 20172018.

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EXHIBIT P3 TRUE COPY OF PROVISIONAL AFFILIATION NO.2732/ACA 7/2019/MGU DATED 19.06.2019 ISSUED BY 5TH RESPONDENT TO THE 6TH RESPONDENT FOR FIVE COURSES STATED THEREIN FOR ACADEMIC YEAR 20182019.

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EXHIBIT P4 TRUE COPY OF APPLICATION NO.PAS/2019/57 DATED 24.06.2019 IN RESPECT OF M.SC MEDICAL BIOCHEMISTRY.

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EXHIBIT P5 TRUE COPY OF APPLICATION NO.PAS/2019/56 DATED 24.06.2019 IN RESPECT OF M.SC MEDICAL MICROBIOLOGY.

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EXHIBIT P6 TRUE COPY OF GO(MS)NO.286/2019/HEDN DATED 09.08.2019 GRANTING NOC BY GOVERNMENT OF KERAL THROUGH THE HIGHER EDUCATION DEPARTMENT.

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EXHIBIT P7 TRUE COPY OF LETTER NO.11077/2019/ACII/PMA1/KUHS DATED 29.08.2019 FROM THE 3RD RESPONDENT SEEKING NOC FROM THE HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA FOR THE COURSE OF M.SC MEDICAL MICROBIOLOGY.

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W.P.(C) No.5297 of 2020

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EXHIBIT P8 TRUE COPY OF LETTER NO.11078/2019/ACII/PM/A1/KUHS/2019 DATED 02.09.2019 FROM THE 3RD RESPONDENT SEEKING NOC FROM HEALTH AND FAMILY WELFARE DEPARTMENT FOR THE COURSE OF M.SC MEDICAL BIOCHEMISTRY. EXHIBIT P9 TRUE COPY OF LETTER NO.12/SME/GNR/AD1/KUHS/2019 DATED 29.08.2019 FROM 6TH RESPONDENT TO 5TH RESPONDENT.

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EXHIBIT P10 TRUE COPY OF ORDER NO.4243/AC/A7/2019/MGU DATED 04.09.2019 ALONG WITH THE RELEVANT PAGE FROM THE LIST OF COLLEGES, ISSUED BY 4TH RESPONDENT.

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EXHIBIT P11 TRUE COPY OF SHOW CAUSE NOTICE NO.15602/ACII/PM/A1/KUHS/2017 DATED 01.10.2019.

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EXHIBIT P12 TRUE COPY OF EXPLANATION DATED 18.10.2019 FROM THE PRINCIPAL OF 6TH RESPONDENT TO THE 3RD RESPONDENT.

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EXHIBIT P13 TRUE COPY OF LETTER NO.12/CPAS/AFFILIATION/2017 DATED 11.12.2019 FROM 5TH RESPONDENT TO THE 2ND RESPONDENT.

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EXHIBIT P14 TRUE COPY OF GO(RT) NO.291/2020/H & FWD DATED 12.02.2020 GRANTING NOC FROM GOVERNMENT OF KERALA FOR CONDUCTING M.SC MEDICAL MICROBIOLOGY AND M.S.C BIOCHEMISTRY IN MALABAR CANCER CENTRE, THALASSERI.

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EXHIBIT P15 TRUE COPY OF RELEVANT PAGE OF NOTIFICATION NO.F.501/2013(CPP-II) PUBLISHED IN GAZETTE OF INDIA, NO.27 DATED 11.07.2014 (PART III-SECTION 4) UNDER SECTION 22(3) OF UNIVERSITY GRANTS COMMISSION ACT.

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W.P.(C) No.5297 of 2020

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EXHIBIT P16 TRUE COPY OF NOTIFICATION NO.MCI211(2)(GEN.)/2019-ETHICS/186511 DATED 03.02.2020 OF THE MEDICAL COUNCIL OF INDIA.

Adheena Joemon, v. State of Kerala

Case brief

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Adheena Joemon, v. State of Kerala

Case brief

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