Allowed

Archa. S v. State of Kerala

Kerala HC17 Jan 2023WP(C)/308/2023

Case brief

AI extract

What is this about?

This is a single-line order applying the directions of a prior judgment (WP(C) No. 21352 of 2020) to the petitioner in identical circumstances. The Court allowed the writ petition, directing respondents to remit security deposits to the AFRC for subsequent release to the petitioner via the college.

What did the court decide?

Directing 5th respondent to deposit amounts with AFRC; Government to initiate recovery; 2nd respondent to remit security deposit; 3rd respondent to return Bank Guarantees; payment to petitioner for fe

Archa. S Vs State of Kerala — Education and Admissions | Kerala HC (2023)

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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

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TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 308 OF 2023

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PETITIONER:

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ARCHA. S, AGED 25 YEARS
D/O RAJAGOPALA PILLAI,
KRISHNA KRIPA, AMBIPOIKA P.O
KUNDARA, KOLLAM., PIN – 691501

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BY ADVS.
S.GANESH
PEARL K.DAVIS

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN – 695 001

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2 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE P.O, THRISSUR., PIN – 680596

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3THE NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS CHAIRMAN
POCKET- 14, SECTOR - 8, DWARKA PHASE -1,
NEW DELHI., PIN – 110077

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4 ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA, T.C. 15/1553-4 PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.

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5 S. R. MEDICAL COLLEGE AND RESEARCH INSTITUTE REPRESENTED BY ITS PRINCIPAL, VENNICODE P.O CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI THIURUVANANTHAPURAM., PIN – 695318

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6 THE CHAIRMAN, S.R. EDUCATIONAL AND CHARITABLE TRUST VENNICODE P.O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM., PIN - 695318

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WPC 308/23

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BY ADVS.
TITUS MANI VETTOM
MARY BENJAMIN
P.M.SANEER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 308/23

JUDGMENT

It is without contest that the petitioner herein is identically

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situated as the petitioner in Ext.P4 judgment and that the declarations therein would apply to the facts and legal circumstances of this case fully.

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2 . I am, therefore, of the firm view that the directions in the

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afore judgment must apply to the petitioner herein also.

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Resultantly, this Writ Petition is allowed with the following directions:

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a ) The 5 th respondent – ‘S.R.Medical College’ would deposit the amounts quantified by the AFRC before the said Committee

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within a period of one month from the date of receipt of a copy of this judgment.

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b ) The Government is directed to initiate revenue recovery proceedings to recover the amounts covered by the orders of the AFRC forthwith, in the event the ‘S.R.Medical College’ do not abide by the directions (a) above. Such recovery action shall be continued,

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WPC 308/23

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giving credit to any amounts that may be received by the AFRC in

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terms of directions (c) and (d) below; and remitted to the AFRC without delay, in whole or in tranches, depending up on the actual recovery. If the said amounts or parts thereof are not recovered within six months from the date on which Revenue Recovery

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proceedings are initiated, the Government shall remit the same to the AFRC and then proceed to recover it from the ‘S.R.Medical College’ under the Revenue Recovery Act.

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c ) The Kerala University of Health Sciences will, after

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adjustment of all liabilities of the ‘S.R. Medical College’, if any, remit the security deposit to the AFRC, which shall be done not later than two weeks from the date of receipt of a copy of this judgment.

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d ) The National Medical Commission (NMC) will, subject to any liability that may be due from the ‘S.R. Medical College’ to them, will return the Bank Guarantees to the ‘S.R Medical College’ within a period of two weeks from today. On the Bank Guarantees being so received by the ‘S.R Medical College’, they will immediately approach the Banks and obtain back the amounts maintained as security for its issue and remit it to the AFRC, within a period of two

WPC 308/23

weeks thereafter.

e ) As and when amounts are received by AFRC in terms of

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the afore directions, steps will be taken to release it to the petitioner,

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so that she can pay fees to the college to which she has been

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transferred.

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 Sd/-

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RR

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DEVAN RAMACHANDRAN

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JUDGE

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WPC 308/23

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APPENDIX OF WP(C) 308/2023

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PETITIONER EXHIBITS
Exhibit-P1TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE
COURT IN WP © NO. 21352 OF 2020 DATED
04/10/2021
Exhibit-P2TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT COMMITTEE DATED 19/07/2021
Exhibit-P3TRUE COPY OF THE INTIMATION DATED
01/11/2021 OF THE 4TH RESPONDENT
Exhibit-P4TRUE COPY OF THE JUDGEMENT DATED
17/06/2022 OF THIS HON'BLE COURT PASSED IN
WP (C) NO. 11682/2022 AND CONNECTED CASES,
WHICH ARE SIMILAR TO THE CAUSE OF THE WRIT
PETITIONER.

Archa. S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Archa. S v. State of Kerala

Case brief

What is this about?

What did the court decide?

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