Allowed

Aparna P., v. Admission and Fee Regulatory Committee

Kerala HC18 Nov 2021WP(C)/19006/2021

Case brief

AI extract

What is this about?

The High Court declared that the initial admission of 21 petitioners to M.B.B.S at Kannur Medical College for 2015-16 under Open Merit Quota is approved by the Admission Supervisory Committee. The Court directed the University to regularize their admission and issue necessary certificates, following a Supreme Court precedent regarding similarly situated students.

What did the court decide?

Declared initial admission of petitioners as approved; directed KUHS to issue Registration and Final Degree Certificate treating admission as regularized.

Aparna P., Vs Admission and Fee Regulatory Committee — 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 MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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THURSDAY, THE 18^TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943 WP(C) NO. 19006 OF 2021

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PETITIONERS:

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1 APARNA P., AGED 25 YEARS JAYADEEPAM, P.M. HOUSE, CHAVASSERY P.O., KANNUR670702.

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2 LINSA K.K. PUTHALATH KANDY, KAKKUR P.O., KOZHIKODE-673613.

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3 ANAGHA VINOD, CERUKATTOOOR P.O., PANAMARAM, WAYANAD-670721.

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4 ABHIRAM A., KUNNATH HOUSE, VADAKKUMTHALA, KARUNAGAPPALLY, KOLLAM-690536.

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5 MIDHUN GEORGE, SHARON, P.C.N.R.A. 7B, THIRUMULLAVARAM P.O., KOLLAM691012.

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6 SANTHI MANOHAR, PRASANTHI, AMAYUR POST, PATTAMBI, PALAKKAD DISTRICT679303.

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7 SAMEEHA MATHAPULAN, MADHAPULAM HOUSE, PARAPPUR P.O., MALAPPURAM676503.

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8 GREESHMA AJITHKUMAR, GREESHMAM, SEKHARIPURAM P.O., PALAKKAD-678010.

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9 DEERA DILIP, PRANAVAM HOUSE, NARIKUNDU POST, AMBALAVAYAL, WAYANAD-673593

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10 GAYATHRI A.K., PRASADAM, PAIRADUKKAM, BALLA, KANHANGAD, KASARAGOD-671315.

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11 HEDWIN AKKARA, AKKARA HOUSE, IKKANDAWARRIER ROAD, MANALATTIL, OLLUR, THRISSUR-680306.

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12 ALEESHA SHAJAHAN,

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WP(C)No.19006 of 2021 - 2 -

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CHATHUPPIL PEEDIKAYIL HOUSE, CHITTAR P.O., PATHANAMTHITTA689663

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13 THERESA RAJU, PENIPADAM HOUSE, MALA, THRISSUR-680732.

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14 JAYAKRISHNAN, PANCHAVADY HOUSE, POICKATTUSSERY, CHENGAMANAD P.O., KERALA-683578.

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15 SIMNA SEVY, KONUKKUDY, KOTTMOM, NEELEESWARAM P.O., ERNAKULAM-683574.

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16 MOHAMMED MAASHOOKE BIN AZEEZ,, KANHIRANGHATTIL HOUSE, KUTTIPURAM ROAD, EDAPPAL POST, MALAPPURAM-679576.

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17 SAFDAR ZUBAIR K.V., HIRA COTTAGE (H), NEAR UP SCHOOL, MULLAKURSSI, PIN-679325.

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18 FARHA ABDULLA, AAFTHAAB, ADUTHILA, P.O. PAYANGADI, KANNUR, KERALA-670303.

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19 RESHMA R. NAIR, CHOTHI HOUSE, KULAMANGALAM, VALANCHERY P.O., MALAPPURAM DISTRICT-676552.

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20 DEEPAK K.S., KOLLAMPARAMBIL HOUSE, PUTHENCHIRA P.O., THRISSUR-680682.

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21 HONEY BALA, THANNICKAL HOUSE, MAMOOD, CHANDNATHOPE P.O., KOLLAM691014.

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BY ADVS.

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KURIAN GEORGE KANNANTHANAM (SR.) TONY GEORGE KANNANTHANAM THOMAS GEORGE ALEX GEORGE (CHAMAPPARAYIL) EBEE ANTONY

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RESPONDENTS:

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1 ADMISSION AND FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, REPRESENTED BY ITS MEMBER SECRETARY, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

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2 THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695001.

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3 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,

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WP(C)No.19006 of 2021 - 3 -

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THRISSUR-680596.

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4 THE PRINCIPAL, KANNUR MEDICAL COLLEGE, ANJARAKANDY, KOLLAM-670612. BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES

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GP : JACOB E SIMON. (R2) SC : R.T PRADEEP FOR R1

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.19006 of 2021 - 4 -

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A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ

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WP(C)No.19006 of 2021

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Dated, this the 18^th day of November, 2021

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JUDGMENT

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JAYASANKARAN NAMBIAR, J

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The petitioners in the writ petition are students, who were admitted to the M.B.B.S Course in the Kannur Medical College, in the academic year, 2015-2016. Their admission was to the Open Merit Quota and it is not in dispute that all of them had obtained more than 70% marks in the Entrance Test, conducted by the Commissioner of Entrance Examination and were qualified in all respects, to be admitted for the M.B.B.S Course in the said academic year under the Open Merit Quota. It would appear that a dispute arose, in connection with the admission of those students, who apparently did not secure 70% marks in the Common Entrance Test, to the vacancies in the Open Merit Quota, in the College. The Admission Supervisory Committee and Fee Regulatory Committee for Professional Colleges of Kerala (for brevity, 'ASC') therefore sought for an explanation from the College, as to the circumstances under which, the students with less than 70% marks, had been admitted in the Open Merit Quota to the M.B.B.S Course.

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In the proceedings that followed, Ext.P2 interim order came to be passed by the ASC, taking note of the predicament of the students, who had actually obtained more than 70% marks in the Entrance Examination and were found eligible, in all respects, for admission in the Open Merit Quota, in the College. By the said order, the Registrar, Kerala University for Health Sciences ('KUHS' in short), was directed to provisionally register the students including the petitioners herein, for the academic year, 2015-2016 and permit them to appear

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for the forthcoming examination, subject to the final decision of the Committee, as regards approval of their admissions. The Medical College was also directed to submit the necessary documents mentioned in the earlier directives of the Committee dated 01.10.2015, for the purpose of arriving at a final decision in the matter. By way of abundant caution, the Committee, in its interim order, also noted that the provisional permission to appear for the examinations, will not give any right to the students to continue with the course, if their admissions are not ultimately approved by the Committee on verification of the records.

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In the writ petition, it is the case of the petitioners that petitioners 1 to 19 have completed their M.B.B.S. Course and petitioners 20 and 21 are in the final year of the said course. The delay on the part of the ASC in finalising the proceedings, pursuant to Ext.P2 interim order passed as early as on 25.07.2016 is stated to be causing prejudice to them, since without approval of their initial admission to the M.B.B.S Course by the ASC, they would not be granted a Registration/Provisional approval by the KUHS and, consequently, they would not be able to register with the regulatory authorities as a pre-condition for commencing their medical practice.

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When the writ petition came up for orders on 15.11.2021, it was submitted by the learned Standing Counsel for the KUHS that, in a matter pending before the Supreme Court (Civil Appeal Nos.14025 to 14026 of 2015), the Supreme Court had, by an order dated 13.11.2021, considered the case of those students, who were admitted to the Kannur Medical College during the academic year 2015-2016 and whose admission to the said College itself was under a cloud, as they had apparently not secured the necessary 70% marks in the Entrance Examination and were yet admitted to the Open Merit Quota in the said College. We find from a perusal of the said order that the Court took into account the

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submission of the learned Senior Counsel that the students in question had already completed their Course as well as the compulsory rotatory residential internship and a direction was issued to the University to give permanent registration and final M.B.B.S Certificate to those students and a further direction the TCMC and KUHS to issue necessary Registration/Degree Certificate, after verification of the completion of the Course and CRRI by the students.

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Taking note of the above order of the Supreme Court, which granted the benefit to those students, whose admission to the College during the academic year 2015-2016 itself was under a cloud, we find that the petitioners before us stand on a better footing, since admittedly their admission to the M.B.B.S Course under the Open Merit Quota during the academic year 2015-2016, was never under a cloud, all of them having obtained more than 70% marks in the Entrance Examination. We, therefore, feel that in the case of the petitioners herein, the ASC would now have to necessarily pass a final order, approving their initial admission to the M.B.B.S Course and consequent to that, KUHS and the other regulatory authorities would have to treat the admission of the petitioners as regular, for the purpose of issuance of Degree Certificates and other formalities.

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While under normal circumstances, we would have relegated this matter to the ASC to pass the aforesaid final order, pursuant to the order of the Supreme Court referred above, taking note of the urgency projected by the learned senior counsel for the petitioners. We feel that a mechanical exercise of remitting the matter, in relation to these petitioners, to the ASC, is not desirable as the same would amount to an empty formality. Accordingly, in as much as the petitioners in this writ petition are concerned, we deem it appropriate to declare that their initial admission to the Kannur Medical College for the M.B.B.S Course during the academic year 2015-2016, shall be treated as approved by the ASC and the KUHS

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shall proceed with further formalities, such as, issuance of Registration and Final Degree Certificate, treating the petitioners' admission as having been duly regularised/approved by the ASC.

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Before parting with this writ petition, we make it clear that nothing in this judgment shall be treated as entitling the students, other than the petitioners, who have obtained admission in the Kannur Medical College for the M.B.B.S Course during the academic year 2015-2016, to the benefit of the declaration in this judgment, and their case shall be considered by the ASC on merits at the time of finalising the proceedings, pursuant to Ext.P2 interim order. The said consideration by the ASC shall be an independent one, de hors any observation in this judgment.

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The writ petition is disposed as above.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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sd/-

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MOHAMMED NIAS C.P, JUDGE

lgk

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 20/01/2016 BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 25/07/2016 ISSUED BY THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE ORDER NO. MC 5/546/2019 DATED 19/06/2020 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE COMPULSORY ROTATING RESIDENTIAL INTERNSHIP CERTIFICATE DATED 26/07/2021 IN RESPECT OF THE 1ST PETITIONER. Exhibit P5 TRUE COPY OF THE COMPULSORY ROTATING RESIDENTIAL INTERNSHIP CERTIFICATE DATED 04/08/2021IN RESPECT OF THE 3RD PETITIONER. Exhibit P6 TRUE COPY OF THE COMPULSORY ROTATING RESIDENTIAL INTERNSHIP CERTIFICATE DATED 09/08/2021 IN RESPECT OF THE 2ND PETITIONER. Exhibit P7 TRUE COPY OF THE ORDER UO NO.209/2021/ACADEMIC/KUHS DATED 10/02/2021 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES. Exhibit P8 TRUE COPY OF THE LETTER DATED 18/08/2021 ISSUED BY THE CONTROLLER OF EXAMINATIONS OF KERALA UNIVERSITY OF HEALTH SCIENCES. Exhibit P9 TRUE COPY OF THE DEGREE CERTIFICATE DATED 20/01/2021 ISSUED BY THE 19TH PETITIONER. Exhibit P10 TRUE COPY OF THE CERTIFICATE OF PROVISIONAL REGISTRATION ISSUED IN FAVOUR OF PETITIONER NO.5.

Aparna P., v. Admission and Fee Regulatory Committee

Case brief

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Aparna P., v. Admission and Fee Regulatory Committee

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