Dismissed

Dr.Jose Mathew v. State of Kerala

Kerala HC24 Mar 2021RP/115/2021

Case brief

AI extract

What is this about?

This bench disposed of two review petitions challenging a judgment wherein the High Court of Kerala rejected claims regarding the return of documents submitted during post-graduate medical admissions. The Court dismissed the review appeals, holding that the State Government's approved prospectus was binding and no error appeared on the face of the record.

What did the court decide?

The review petitions filed by Dr. Jose Mathew and others, and by Dr. Minnu G. Devasagayam and others were dismissed.

Dr.Jose Mathew Vs State of Kerala — Education and Admissions | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

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RP.No.115 OF 2021 IN WA. 1666/2020

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AGAINST THE JUDGMENT DATED 21.12.2020 IN WA 1666/2020 OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/APPELLANTS:

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1 DR.JOSE MATHEW AGED 32 YEARS

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S/O. MATHEW, MADAPPATTU HOUSE, MONIPALLY P.O., KOTTAYAM-686 636.

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2 DR.AJAYAGHOSH N., AGED 30 YEARS S/O. SHIVADASAN NECHIKKAD, NECHIKKAD HOUSE, IRUVETTY P.O., MANJERY, MALAPPURAM-673 639.

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3 DR. MISHA K.P., AGED 30 YEARS D/O. SUKUMARAN, MANJANKUZHIPARAMBU, KARUVAMBRUM P.O., MANJERY, MALAPPURAM-676 123.

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4 DR. TEENA MARY JOHN, AGED 30 YEARS D/O.JOHN JOSEPH, MELOOTTU HOUSE, PULAMON P.O., KOTTARAKKARA, KOLLAM-691 531.

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5 DR.SHELA MARY ISSAC, AGED 30 YEARS D/O. K.K.ISSAC, KOTTACKAKATHU HOUSE, MULAVANA P.O., KUNDARA, KOLLAM-691 503.

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BY ADVS. SRI.ROY CHACKO SRI.K.C.VINCENT

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R.P. No. 115 & 183 of 2021

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: 2 :

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RESPONDENT/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 DR. SOMERWELL MEMORIAL CSI MEDICAL COLLEGE, KARAKKONAM P.O., THIRUVANANTHAPURAM-695 504, REPRESENTED BY ITS DIRECTOR .

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3 PRINCIPAL, DR. SOMERWELL MEMORIAL CSI MEDICAL COLLEGE, KARAKKONAM P.O., THIRUVANANTHAPURAM-695 504.

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R1 BY SRI. ARAVIND KUMAR BABU, SR GOVERNMENT PLEADER R2 & R3 BY SRI.ARUN B. VARGHESE

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 24-03-2021, ALONG WITH RP.183/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.P. No. 115 & 183 of 2021

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: 3 :

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

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RP.No.183 OF 2021 IN WA. 1668/2020

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AGAINST THE JUDGMENT DATED 21.12.2020 IN WA 1668/2020 OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/APPELLANTS:

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1 DR.MINNU G.DEV AGED 29 YEARS W/O. ALLEN KURIAKOSE, 12E, A BLOCK, PLANET X SREEDHANYA HOMES, MEDICAL COLLEGE, THIRUVANANTHAPURAM – 695 011.

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2 DR. BEENA IDINCHERIYA BHASY AGED 30 YEARS D/O. IDICHERIYA BHASY, CHIRRAKADAVIL, AADICHANALLOOR P.O, QUILON – 691 573.

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BY ADVS.

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SRI.ROY CHACKO SRI.K.C.VINCENT

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM – 695 001.

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2 DR.SOMERWELL MEMORIAL CSI MEDICAL COLLEGE, KARAKKONAM P.O, THIRUVANANTHAPURAM – 695 504, REPRESENTED BY ITS DIRECTOR.

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3 PRINCIPAL DR. SOMERWELL MEMORIAL CSI MEDICAL COLLEGE, KARAKKONAM P.O, THIRUVANANTHAPURAM – 695 504.

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 24-03-2021, ALONG WITH RP.115/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.P. No. 115 & 183 of 2021

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: 4 :

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ORDER

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SHAJI P. CHALY, J.

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The Review Petitions are filed seeking to review the common judgment dated 21.12.2020 in W.A. Nos. 1666 and 1668 of 2020.

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The subject issue in the writ appeals were in relation to the non return of the documents submitted by the Review Petitioners at the time of admission of post graduate medical courses by the second respondent namely Dr. Somerwell Memorial CSI Medical College, Thiruvananthapuram, since in the prospectus issued for the educational period in question, the Review Petitioners have executed a bond in favour of the college undertaking to serve the Medical College concerned for a period of one year.

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The paramount contention raised in the Review Petition is that this Court while disposing of the writ appeals, relied upon Ext. R3(a) prospectus, which according to the Review Petitioners, was not applicable to self financing Medical Colleges. It is also pointed out that the findings rendered by this Court relying upon the prospectus was against the statement made by the learned Government Pleader before this Court that the prospectus issued by the State Government was not applicable to the self financing colleges.

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However, in our considered opinion, the said ground raised in

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R.P. No. 115 & 183 of 2021 : 5 :

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the Review Petition is not at all correct, because we have specifically recorded that the State Government has issued an approval order dated 02.03.2017 approving the prospectus for the academic year 2017-2018, which is binding on all the institutions, including Dr. Somerwell Memorial CSI Medical College, which is a self financing one.

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In our considered opinion, the sole ground raised as above is absolutely on the basis of a misconception and the Review Petitioners did not have any case at all that the college in question has published any prospectus and it was accordingly that the provisions of the prospectus issued by the State Government was taken into account and the findings were rendered.

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Therefore, we have no hesitation to hold that the Review Petitioners have not made out any ground of error apparent on the face of record or any other legal infirmities justifying review of the judgment in question.

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Needless to say, Review Petitions fail and accordingly, they are dismissed.

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S. MANIKUMAR, CHIEF JUSTICE.

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SHAJI P. CHALY,

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JUDGE.

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Dr.Jose Mathew v. State of Kerala

Case brief

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Dr.Jose Mathew v. State of Kerala

Case brief

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