The High Court dismissed this writ petition filed by a medical college. The court held that the college was bound to comply with the Supreme Court order remitting the dispute to the AFRC and could not rely on a Lok Adalath settlement to depart from that mandate.
The Writ Petition was dismissed without any further orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA,
1944
WP(C) NO. 6452 OF 2022
PETITIONER:
THE PRINCIPAL KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O, KANNUR, PIN - 670612
BY ADVS. ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 SAYOOJ SAJEEVAN AGED 24 YEARS S/O SAJEEVAN, VIJAY NIVAS,AROOR.P.O KAKKATTIL VIA, VADAKARA, KOZHIKODE- 673507
2 THE ADMISSION SUPRVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM REPRESENTED BY THE CHAIRMAN, PIN - 695014
BY ADVS. T.C.GOVINDASWAMY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES SAJEEVAN KURUKKUTTIYULLATHIL KALA T.GOPI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6452 OF 2022
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DEVAN RAMACHANDRAN, J.
W.P(C) No. 6452 of 2022
Dated this the 02nd day of December, 2022
JUDGMENT
It is without doubt – it being uncontested – that the issues impelled in this case, with factual and legal, have been considered by this Court and answered in the judgment in WP(C) No. 18471/2022 and connected matters.
WP(C) NO. 6452 OF 2022
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In the afore circumstances, following the afore cited judgment, I dismiss this Writ Petition, without any further orders.
Sd/-DEVAN RAMACHANDRAN, JUDGE
lsn
WP(C) NO. 6452 OF 2022
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APPENDIX OF WP(C) 6452/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) NO. 23225/2018 DATED 29.08.18 |
|---|---|
| Exhibit P2 | TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO. 2354/18 IN SLP (C) NO. 23225/2018 DATED 4.10.2018 |
| Exhibit P3 | TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO. 596/2021 AND CONNECTED CASES DATED18.2.2021 |
| Exhibit P4 | TRUE COPY OF THE AWARD IN PLP 6069/2018 PASSED BY THE LOK ADALAT |
| Exhibit P5 | TRUE COPY OF THE DECLARATION OF SETTLEMENT DATED 03.07.2018 |
| Exhibit P6 | TRUE COPY OF THE EMAIL COMPLAINT OF THE 1ST RESPONDENT DATED 29.8.2018 |
| Exhibit P7 | TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT |
| Exhibit P8 | TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 14.01.2019 |
| Exhibit P9 | TRUE COPY OF THE JUDGMENT IN WPC. 26995/19 DATED 22.11.2019 OF THIS HON'BLE COURT |
| Exhibit.P10 | TRUE COPY OF THE NOTICE DATED 17.11.2021 ISSUED BY THE 2ND RESPONDENT |
| Exhibit P11 | TRUE COPY OF THE AFFIDAVIT AND DEPOSITION OF THE 1ST RESPONDENT |
| Exhibit P12 | TRUE COPY OF THE ORDER NO. ASC (P) 91/18/HO/TVPM/MBBS/KMC DATED 23.12.2021 |
| Exhibit P13 | TRUE COPY OF THE REMITTANCE DATED 4.9.2018 |
| Exhibit P14 | TRUE COPY OF THE INTERIM ORDER IN WPC NO. 14970/2021 DATED 4.8.2021 OF THIS HON'BLE COURT |
WP(C) NO. 6452 OF 2022
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RESPONDENT EXHIBITS
Exhibit-R1(a) True copy of the common judgment in W.P.(C) No.13042/2020 Exhibit-R1(b) True copy of the judgment in WP(C) No.18471/2022 and connected cases
TRUE COPY
P.A TO JUDGE
LSN
1 issue framed by the court
Whether the college was obligated to comply with the Supreme Court order remitting the matter to the AFRC despite the petitioner's claim that the dispute was settled by the Lok Adalath.
Colour shows how this judgement treated each authority
WP(C) No. 18471/2022Followed¶21
WP(C) No. 18471/2022
THE PRINCIPAL KANNUR MEDICAL COLLEGE
SAYOOJ SAJEEVAN
THE ADMISSION SUPRVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
