Disposed

The Principal, Kannur Medical College v. Binu Samuel

Kerala HC3 Nov 2022WP(C)/1420/2022

Case brief

AI extract

What is this about?

Connected writ petitions challenging orders of the Admission Supervisory & Fee Regulatory Committee were disposed of without orders as the petitioner reserved liberty to approach the Committee to correct alleged mistakes regarding case classification.

What the court decided

AI extract

The Principal, Kannur Medical College Vs Binu Samuel — Education and Admissions | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,

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¶6

WP(C) NO. 1653 OF 2022

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PETITIONER/S:

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PRINCIPAL KANNUR MEDICAL COLLEGE
AGED 45 YEARS
KANNUR MEDICAL COLLEGE, ANJARAKANDY, P.O.
KANNUR-670612, PIN - 670612
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)

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RESPONDENT/S:

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1FAIZAL. N
AGED 24 YEARS
SON OF NAZURDHEEN.A, AGED 24 YEARS, RESIDING AT
STAR MANZIL, INCHAVILA. P.O, PERINAD,
KOLLAM-691601, PIN - 691601
2THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA,
T.C. 15/1553-4, PRASANTHI BUILDINGS,
M.P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014,
REPRESENTED BY THE CHAIRMAN
, PIN - 695014
BY ADVS.
SUNIL V.MOHAMMED
SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
P.KULUSU(K/253/2010)
MANOJ N.(K/1497/2020)
AJITHA APPU(K/393/2014)
M.S.NEETHUMOL(K/000181/2017)
AADIL SHAH A.S.(K/000465/2020)

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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..2..

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03.11.2022, ALONG WITH WP(C).1420/2022, 2421/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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..3..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,

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WP(C) NO. 1420 OF 2022

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PETITIONER/S:

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THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDY, PO., KANNUR, PIN - 670612
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)

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RESPONDENT/S:

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1BINU SAMUEL
AGED 50 YEARS
S/O K.SAMUEL, VILLA 14, PALACE GARDEN,
SVM POST, KARUNAGAPALLY,
KOLLAM, PIN - 690518
2THE ADMISSION SUPERVISORY COMMITTEE, FOR
PROFESSIONAL COLLEGES IN KERALA
T.C. 15/1553-4, PRASANTHI BUILDINGS,
M.P. APPAN ROAD, VAZHUTHACAUD,
HIRUVANANTHAPURAM - 695 014,
REPRESENTED BY THE CHAIRMAN
BY ADVS.
SMT.MARY BENJAMIN-SC
SUNIL V.MOHAMMED
P.KULUSU(K/253/2010)
MANOJ N.(K/1497/2020)
AJITHA APPU(K/393/2014)
M.S.NEETHUMOL(K/000181/2017)
AADIL SHAH A.S.(K/000465/2020)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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..4..

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ON 03.11.2022, ALONG WITH WP(C).1653/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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..5..

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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 DEVAN RAMACHANDRAN THURSDAY, THE 3^RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,

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WP(C) NO. 2421 OF 2022

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PETITIONER/S:

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THE PRINCIPAL
AGED 46 YEARS
KANNUR MEDICAL COLLEGE, ANJARAKANDY POST,
KANNUR, PIN - 670612
BY ADV ABDUL RAOOF PALLIPATH

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RESPONDENT/S:

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1N.C. ANILKUMAR
AGED 55 YEARS
SON OF NARAYANA PILLAI, AMBRUTHAM,
PADINJATTAKIZHAKKU, SOORANADU NORTH POST,
KOLLAM, PIN - 690561
2THE ADMISSION SUPERVISORY COMMITTEE FOR
PROFESSIONAL COLLEGES IN KERALA,
T.C 15/1553-4, PRASHANTHI BUILDINGS, M.P APPAN
ROAD, VAZHUTHACADU, THIRUVANANTHAPURAM,
REPRESENTED BY THE CHAIRMAN, PIN - 695014
BY ADVS.
SUNIL V.MOHAMMED
SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
MANOJ N.(K/1497/2020)
AJITHA APPU(K/393/2014)
M.S.NEETHUMOL(K/000181/2017)
AADIL SHAH A.S.(K/000465/2020)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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..6..

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ON 03.11.2022, ALONG WITH WP(C).1653/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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..7..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,

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1944

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WP(C) NO. 2535 OF 2022

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PETITIONER/S:

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THE PRINCIPAL,
AGED 46 YEARS
KANNUR MEDICAL COLLEGE, ANJARAKANDY.P.O, KANNUR,
PIN - 670612

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BY ADVS.

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ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)

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RESPONDENT/S:

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1MOHAMMED RUFIN.M.S.
AGED 24 YEARS
SON OF SUDHEER SHAMSUDHEEN, SABEER NIVAS,
VADAKKEVILA POST, KOLLAM, PIN - 691010

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2THE ADMISSION SUPERVISORY COMMITTEE FOR
PROFESSIONAL COLLEGES IN KERALA
T C 15/1553-4, PRASHANTHI BUILDINGS, M.P. APPAN
ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM,
REPRESENTED BY THE CHAIRMAN, PIN - 695014

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BY ADVS.

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SUNIL V.MOHAMMED
SMT.MARY BENJAMIN, SC, DENTAL COUNCIL OF INDIA
M.S.NEETHUMOL(K/000181/2017)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03.11.2022, ALONG WITH WP(C).1653/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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..8..

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JUDGMENT

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These matters - which have been heard together taking note of the fact that they challenge the same order of the statutory Admission Supervisory & Fee Regulatory Committee (AFRC) constituted under Act 15/2017 – have been filed with the assertion that the findings of the said Committee are in error, primarily because, they were clubbed with another batch of matters incorrectly.

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Sri. Abdul Raoof Pallipath – learned counsel for the petitioner, conceded that the Hon’ble Supreme Court had directed the AFRC to reconsider a batch of 92 matters and that they have proceeded on the assumption that these cases also fell into that. He alleged that, even though his client had made an effort before the AFRC to point out to the contrary, it was not heeded and that the impugned orders were thus issued.

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Smt.Mary Benjamin – learned counsel for the AFRC, on the other hand, vehemently submitted that there can be no doubt that these matters are also part of the batch of 92 matters as ordered by the Hon’ble Supreme Court and that the list of cases include them explicitly. She added that, in any

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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event, the petitioner never had any case before the AFRC to the contrary; and therefore, that impugned orders are irreproachable.

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Sri.Sunil Muhamed – learned counsel appearing for some of the party respondents in these matters, also asserted that AFRC has acted correctly in having issued the impugned orders because, they were bound to do so under the directions of the Hon’ble Supreme Court. He vehemently asserted that these cases are part of the 92 matters, which were directed by the Hon’ble Supreme Court to be reconsidered by the AFRC.

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When I evaluate and consider the afore submissions, it is indubitable that, if these cases are part of the 92 cases as ordered by the Hon’ble Supreme Court, then the judgment of this Court in W.P.(C)No.18471/2022 would cover the same. In fact, this is uncontested; but the argument of Sri.Abdul Raoof Pallipath is that these cases are different from the afore batch.

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Obviously, therefore, if the petitioner has any such case, it is up to him to bring the same to the notice of the AFRC appropriately, particulary when, what is under challenge are

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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orders of their’s, which can only be tested based on the documents and materials relied upon by it; and this Court is incapacitated from doing so, while acting under Article 226 of the Constitution of India.

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That being said, I am fully aware that AFRC is not vested with any power of review, but certainly, it can correct its mistakes, if it is brought to their notice appropriately. The petitioner certainly can do so, if they are able to establish that these matters were not part of the 92 cases; and if the AFRC also is to find so, then necessary further orders can also be issued by them on merits.

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In the afore circumstances, leaving the afore liberty open to the petitioner, I close these writ petitions without any further orders.

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Sd/-

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DEVAN RAMACHANDRAN, JUDGE

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ACR

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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`PETITIONER’S`	`APPENDIX OF WP(C)` `EXHIBITS`	`16`	`53/2022`
`Exhibit.P1`	`TRUE COPY OF` `COURT IN SLP` `29.08.2018`	`THE` `(C)N`	`ORDER OF THE SUPREME` `o23225/2018 DATED`
`Exhibit.P2`	`TRUE COPY OF` `COURT IN MA N` `(C)NO.23225/2`	`THE` `o.23` `018`	`ORDER OF THE SUPREME` `54/18 IN SLP` `DATED 04.10.2018`
`Exhibit.P3`	`TRUE COPY OF` `JUDGMENT IN C` `AND CONNECTED`	`THE` `IVIL` `CAS`	`SUPREME COURT` `APPEAL NO.596/2021` `ES DATED 18.02.2021`
`Exhibit.P4`	`TRUE COPY OF`	`THE`	`COMPLAINT DATED`
	`02.02.2017 FI`	`LED`	`BY THE 1ST PETITIONER`
`Exhibit.P5`	`TRUE COPY OF` `NO.ASC(P)184/` `ISSUED BY THE` `11.09.2017`	`THE` `17/H` `2ND`	`LETTER` `O/TVPM/MBBS/KMC` `RESPONDENT DATED`
`Exhibit.P6`	`TRUE COPY OF` `03.10.2017`	`THE`	`AFFIDAVIT DATED`
`Exhibit.P7`	`TRUE COPY OF` `03.10.2017 FI` `RESPONDENT`	`THE` `LED`	`PETITION DATED` `BEFORE THE 2ND`
`Exhibit.P8`	`TRUE COPY OF` `MEETING DATED`	`THE` `26.`	`MINUTES OF THE` `10.2017`
`Exhibit.P9`	`TRUE COPY OF` `DATED 28.11.2`	`THE` `018`	`OBJECTION STATEMENT`
`Exhibit.P10`	`TRUE COPY OF` `07.01.2019`	`THE`	`MINUTES DATED`
`Exhibit.P11`	`TRUE COPY OF` `22.01.2019 OF`	`THE` `THE`	`ORDER DATED` `2ND RESPONDENT`
`Exhibit.P12`	`TRUE COPY OF` `16.10.2021 OF`	`THE` `THE`	`ORDER DATED` `2ND RESPONDENT`
`Exhibit.P13`	`TRUE COPY OF` `DEPOSITIONS.`	`THE`	`PROOF AFFIDAVIT AND`
`Exhibit.P14`	`TRUE COPY OF` `10.11.2021 OF`	`THE` `THE`	`ORDER DATED` `2ND RESPONDENT.`

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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`PETITIO`	`NER’S`	`APPENDIX OF WP(C)` `14` `EXHIBITS`	`20` `/2022`
`Exhibit`	`P1`	`TRUE COPY OF THE` `COURT IN SLP (C)N` `29.08.2018`	`ORDER OF THE SUPREME` `O.23225/2018 DATED`
`Exhibit`	`P2`	`TRUE COPY OF THE` `COURT IN MA NO.23` `(C)NO.23225/2018`	`ORDER OF THE SUPREME` `53/18 IN SLP` `DATED 04.10.2018`
`Exhibit`	`P3`	`TRUE COPY OF THE` `JUDGMENT IN CIVIL` `AND CONNECTED CAS`	`SUPREME COURT` `APPEAL NO.596/2021` `ES DATED 18.02.2021`
`Exhibit`	`P4`	`TRUE COPY OF THE` `08.09.2017 FILED`	`COMPLAINT DATED` `BY THE 1ST PETITIONER`
`Exhibit`	`P5`	`TRUE COPY OF THE` `NO.ASC(P)183/17/H` `ISSUED BY THE 2ND` `11.09.2017`	`LETTER` `O/TVPM/MBBS/KMC` `RESPONDENT`
`Exhibit`	`P6`	`TRUE COPY OF THE` `RESPONDENT DATED`	`AFFIDAVIT OF THE 1ST` `03.10.2017`
`Exhibit`	`P7`	`TRUE COPY OF THE` `03.10.2017 FILED` `RESPONDENT`	`PETITION DATED` `BEFORE THE 2ND`
`Exhibit`	`P8`	`TRUE COPY OF THE` `RESPONDENT COMMIT`	`MINUTES OF 2ND` `TEE DATED 26.10.2017`
`Exhibit`	`P9`	`TRUE COPY OF THE` `FILED BY THE PETI` `28.11.2018 BEFORE`	`OBJECTION STATEMENT` `TIONER DATED` `THE 2ND RESPONDENT`
`Exhibit`	`P10`	`TRUE COPY OF THE` `07.01.2019 OF THE`	`MINUTES DATED` `2ND RESPONDENT`
`Exhibit`	`P11`	`TRUE COPY OF ORDE` `NO.ASC(P)222,184,` `83,231,221/17/HO/` `22.01.2019`	`R` `227,186,217,218,251,1` `TVPM/MBBS/KMC DATED`
`Exhibit`	`P12`	`TRUE COPY OF THE` `NO.ASC(P)183/17/H` `16.10.2021`	`NOTICE` `O/TVPM/MBBS/KMC DATED`
`Exhibit`	`P13`	`TRUE COPY OF THE` `DOCUMENTS AND DEP`	`PROOF AFFIDAVIT,` `OSITION`
`Exhibit`	`P14`	`TRUE COPY OF THE` `NO.ASC(P)183/17/H` `09.11.2021`	`ORDER` `O/TVPM/MBBS/KMC DATED`

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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`PETITIO`	`NER EXHI`	`APPENDIX OF WP(C) 24` `BITS`	`21/2022`
`Exhibit`	`P1`	`TRUE COPY OF THE` `COURT IN SLP (C)` `29.08.18`	`ORDER OF THE SUPREME` `NO. 23225/2018 DATED`
`Exhibit`	`P2`	`TRUE COPY OF THE` `COURT IN MA NO. 2` `23225/2018 DATED`	`ORDER OF THE SUPREME` `354/18 IN SLP (C) NO.` `4.10.2018`
`Exhibit`	`P3`	`TRUE COPY OF THE` `JUDGMENT IN CIVIL` `AND CONNECTED CAS`	`SUPREME COURT` `APPEAL NO. 596/2021` `ES DATED18.2.2021`
`Exhibit`	`P4`	`TRUE COPY OF THE` `21.9.17 FILED BY`	`COMPLAINT DATED` `THE 1STPETITIONER`
`Exhibit`	`P5`	`TRUE COPY OF THE` `2ND RESPONDENT DA`	`LETTER ISSUED BY THE` `TED 22.9.2017`
`Exhibit`	`P6`	`TRUE COPY OF THE` `4.10.2017`	`AFFIDAVIT DATED`
`Exhibit`	`P7`	`TRUE COPY OF THE` `4.10.2017`	`PETITION DATED`
`Exhibit`	`P8`	`TRUE COPY OF THE` `12.6.2018`	`AFFIDAVIT DATED`
`Exhibit`	`P9`	`TRUE COPY OF THE` `DATED 12.6.2018`	`MINUTES OF MEETING`
`Exhibit`	`.P10`	`TRUE COPY OF THE` `DATED 28.11.2018`	`OBJECTION/STATEMENT`
`Exhibit`	`P11`	`TRUE COPY OF THE` `7.1.2019`	`MINUTES DATED`
`Exhibit`	`P12`	`TRUE COPY OF THE` `RESPONDENT DATED`	`ORDER OF THE 2ND` `22.1.2019`
`Exhibit`	`P13`	`TRUE COPY OF THE` `16.10.2021 ISSUED` `RESPONDENT`	`NOTICE DATED` `BY THE 2ND`
`Exhibit`	`P14`	`TRUE COPY OF THE` `DOCUMENTS, AND DE`	`PROOF AFFIDAVIT` `POSITION`
`Exhibit`	`P15`	`TRUE COPY OF THE` `227/17/HO/TVPM/MB` `16.11.2021 ISSUED` `RESPONDENT`	`ORDER NO. ASC (P)` `BS/KMC DATED` `BY THE 2ND`
`Exhibit`	`P16`	`TRUE COPY OF THE` `WP(C) NO. 14970/2` `THIS HON'BLE COUR`	`INTERIM ORDER IN` `021 DATED 4.8.2021 OF` `T`

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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`PETITION`	`ER’S`	`APPENDIX OF WP(C)` `EXHIBITS`	`2535/2022`
`Exhibit`	`P1`	`TRUE COPY OF` `COURT IN SLP` `29.08.18`	`THE ORDER OF THE SUPREME` `(C) NO. 23225/2018 DATED`
`Exhibit`	`P2`	`EXHIBIT.P2 TR` `THE SUPREME C` `SLP (C) NO. 2`	`UE COPY OF THE ORDER OF` `OURT IN MA NO. 2354/18 IN` `3225/2018 DATED 4.10.2018`
`Exhibit`	`P3`	`TRUE COPY OF` `JUDGMENT IN C` `AND CONNECTED`	`THE SUPREME COURT` `IVIL APPEAL NO. 596/2021` `CASES DATED18.2.2021`
`Exhibit`	`P4`	`TRUE COPY OF` `2.9.17 FILED`	`THE COMPLAINT DATED` `BY THE 1STPETITIONER`
`Exhibit`	`P5`	`TRUE COPY OF` `2ND RESPONDEN`	`THE LETTER ISSUED BY THE` `T DATED 11.9.2017`
`Exhibit`	`P6`	`TRUE COPY OF` `3.10.2017`	`THE AFFIDAVIT DATED`
`Exhibit`	`P7`	`TRUE COPY OF` `3.10. 2017 FI` `RESPONDENT`	`THE OF THE PETITION DATED` `LED BEFORE THE 2ND`
`Exhibit`	`P8`	`TRUE COPY OF` `21.12.2017 PA` `RESPONDENT`	`THE ORDER DATED` `SSED BY THE 2ND`
`Exhibit`	`P9`	`TRUE COPY OF` `13.12.2017`	`AFFIDAVIT DATED`
`Exhibit.`	`P10`	`TRUE COPY OF` `FILED BY THE` `28.11.2018`	`THE OBJECTION/STATEMENT` `PETITIONER DATED`
`Exhibit`	`P11`	`TRUE COPY OF` `7.1.2019`	`THE MINUTES DATED`
`Exhibit`	`P12`	`TRUE COPY OF` `PASSED BY THE`	`THE ORDER DATED 22.1.2019` `2ND RESPONDENT`
`Exhibit`	`P13`	`TRUE COPY OF` `16.10.2021 IS` `RESPONDENT`	`THE NOTICE DATED` `SUED BY THE 2ND`
`Exhibit`	`P14`	`TRUE COPY OF` `DOCUMENTS, AN`	`THE PROOF AFFIDAVIT` `D DEPOSITION`
`Exhibit`	`P15`	`TRUE COPY OF` `222/17/HO/TVP` `18.11.2021`	`THE ORDER NO. ASC (P)` `M/MBBS/KMC DATED`
`Exhibit`	`P16`	`TRUE COPY OF`	`THE INTERIM ORDER IN WP(C`

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W.P (C) No. 1653, 1420, 2421 & 2535 of 2022

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¶93

)NO. 14970/2021 DATED 4.8.2021 OF THIS
HON'BLE COURT.

The Principal, Kannur Medical College v. Binu Samuel

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The Principal, Kannur Medical College v. Binu Samuel

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