Disposed

Kannur Dental College v. Kerala University of Health Sciences

Kerala HC15 Jul 2024WP(C)/14391/2014

Case brief

AI extract

What is this about?

The Court disposed of two connected writ petitions challenging higher affiliation fees imposed on medical colleges by Kerala University of Health Sciences. Directing the University to hear the petitioners within four months to assess objections, the Court ordered that interim stays remain effective until a logical conclusion is reached.

What did the court decide?

Direction to the University to hear petitioners and assess claims within four months; continuation of interim orders.

Kannur Dental College Vs Kerala University of Health… — Education and Admissions | Kerala HC (2024)

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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 P.M.MANOJ

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MONDAY, THE 15^TH DAY OF JULY 2024 / 24TH ASHADHA, 1946 WP(C) NO. 12348 OF 2014

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PETITIONER/S:

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ROYAL EDUCATION FOUNDATION, REPRESENTED BY THE SECRETARY, CHALISSERY P.O., PALAKKAD DISTRICT.

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BY ADV SRI.GEORGE POONTHOTTAM

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RESPONDENT/S:

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KERALA UNIVERSITY OF HEALTH SCIENCES MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., TRICHUR - 680 596, REPRESENTED BY THE REGISTRAR.

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OTHER PRESENT:

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SRI.P.SREEKUMAR,SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.07.2024, ALONG WITH WP(C).14391/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos. 12348 & 14391 of 2014

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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 P.M.MANOJ

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MONDAY, THE 15^TH DAY OF JULY 2024 / 24TH ASHADHA, 1946 WP(C) NO. 14391 OF 2014

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PETITIONER/S:

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KANNUR DENTAL COLLEGE ANJARAKANDY, KANNUR DISTRICT, REPRESENTED BY THE MANAGER.

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BY ADV SRI.GEORGE POONTHOTTAM

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RESPONDENT/S:

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KERALA UNIVERSITY OF HEALTH SCIENCES MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O, TRICHUR 680596 REPRESENTED BY THE REGISTRAR.

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BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH &

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.07.2024, ALONG WITH WP(C).12348/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos. 12348 & 14391 of 2014

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JUDGMENT

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Dated this the 15th day of July, 2024

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The issue involved in these cases is with respect to charge of higher

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fee for affiliation imposed by the Kerala University of Health Sciences.

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While admitting these writ petitions, interim orders were granted in both the cases. In fact, these matters were connected with writ petitions Nos. 11969/2013, 10987/2013 and 13154/2015.

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When the matter is taken up for consideration today, the learned counsel for the petitioner submitted that the aforementioned writ petitions (writ petitions Nos. 11969/2013, 10987/2013 and 13154/2015) are disposed of by judgment dated 13.07.2023 and the petitioners will be satisfied if the writ petitions are disposed of in similar lines.

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In the aforementioned circumstances, these writ petitions are disposed of directing the competent authority of Kerala University of Health Sciences to hear the petitioners and assess their claim and objections, as expeditiously as possible, at any rate, within four months from the date of receipt of the certified copy of this judgment. Till a logical conclusion is attained in the matter and the same is communicated to the petitioners, the interim order granted by this Court will continue to be in operation. All other contentions are left open and which will be subject to the decision to

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W.P.(C) Nos. 12348 & 14391 of 2014

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be taken by the Kerala University of Health Sciences on the basis of the directions issued in this matter as well as in the judgment dated 13.07.2023 in WP(C) Nos.11969/2013, 10987/2013 and 13154/2015.

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sd/- P.M.MANOJ JUDGE

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das

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W.P.(C) Nos. 12348 & 14391 of 2014

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APPENDIX OF WP(C) 14391/2014

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PETITIONER EXHIBITS

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EXT.P1 - TRUE COPY OF THE COMMUNICATION NO.V.12017/47/2013-DE DATED 15-4-2014

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EXT.P2 - TRUE COPY OF THE COMMUNICATION NO.KDCMDS/KUHS/29052014/1 DATED 29-5-2014 ISSUED BY THE UNIVERSITY.

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EXT.P3 - TRUE COPY OF THE ORDER NO.6296/AC.B/KUHS/2013 DATED 17-12-2013 ISSUED BY THE UNIVERSITY.

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EXT.P4 - TRUE COPY OF THE NOTIFICATION NO.5/AC.1/1/2012 DATED 28-3-2012 ISSUED BY THE RESPONDENT UNIVERSITY.

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EXT.P5 - TRUE COPY OF THE INTERIM ORDER IN WPC NO.10987/2013 DATED 26-4-2013

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EXT.P6 - TRUE COPY OF THE INTERIM ORDER IN WPC.NO.10987/2013 DATED 1-11-2013

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EXT.P7 - TRUE COPY OF THE ORDER NO.617/A1/1/KUHS/2010 DATED 21-6-2011 ISSUED BY THE RESPONDENT.

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EXT.P8 - TRUE COPY OF THE NOTIFICATION NO.AC.1/1/NOTIF.2014-15/KUHS DATED 6-3-2013 ISSUED BY THE RESPONDENT.

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EXT.P9 - TRUE COPY OF THE NOTIFICATION NO.617/AC1/2012/KUHS DATED 18-3-2013 ISSUED BY THE RESPONDENT

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EXT.P10 - TRUE COPY OF THE FEE STRUCTURE OF M.G.R.MEDICAL UNIVERSITY TAMIL NADU

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EXT.P11 - TRUE COPY OF THE NOTIFICATION NO.F4/44/FINANCE COMMITTEE/2012-13 DATED 30-1-2013 ISSUED BY DR.N.T.R. UNIVERSITY OF HEALTH SCIENCES, ANDRA PRADESH VIJAYA WADA

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EXT.P12 - TRUE COPY OF THE FEE STRUCTURE OF RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA.

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EXT.P13 - TRUE COPY OF THE COMPARATIVE CHART OF FEE UNDER DIFFERENT HEADS LEVIED BY OTHER HEALTH UNIVERSITIES AND KUHS.

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W.P.(C) Nos. 12348 & 14391 of 2014

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APPENDIX OF WP(C) 12348/2014

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PETITIONER EXHIBITS

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EXHIBIT P1. TRUE COPY OF THE COMMUNICATION NO.V.12017/58/2013-DE DATED 05.04.2014.

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EXHIBIT P2. TRUE COPY OF THE COMMUNICATION NO.4059/ACA/KUHS/2014 DATED 06.05.2014 ISSUED BY THE UNIVERSITY.

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EXHIBIT P3. TRUE COPY OF THE ORDER NO.6296/AC.B/KUHS/2013 DATED 17.12.2013 ISSUED BY THE UNIVERSITY.

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EXHIBIT P4. TRUE COPY OF THE NOTIFICATION NO.5/AC.1/1/2012 DATED 28.03.2012 ISSUED BY THE RESPONDENT UNIVERSITY.

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EXHIBIT P5. TRUE COPY OF THE INTERIM ORDER IN WPC NO.10987/2013 DATED 26.04.2013.

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EXHIBIT P6. TRUE COPY OF THE INTERIM ORDER IN WPC NO.10987/2013 DATED 01.11.2013.

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EXHIBIT P7. TRUE COPY OF THE ORDER NO.617/A1/1/KUHS/2010 DATED 21.06.2011 ISSUED BY THE RESPONDENT.

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EXHIBIT P8. TRUE COPY OF THE NOTIFICATION NO.AC.1/1/NOTIF.2014-15/KUHS DATED 06.03.2013 ISSUED BY THE RESPONDENT.

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EXHIBIT P9. TRUE COPY OF THE NOTIFICATION NO.617/AC1/2012/KUHS DATED 18.03.2013 ISSUED BY THE RESPONDENT.

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EXHIBIT P10. TRUE COPY OF THE FEE STRUCTURE OF M.G.R. MEDICAL UNIVERSITY, TAMIL NADU.

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EXHIBIT P11. TRUE COPY OF THE NOTIFICATION NO.F4/44/FINANCE COMMITTEE/2012-13 DATED 30.01.2013 ISSUED BY DR.N.T.R. UNIVERSITY OF HEALTH SCIENCES, ANDRA PRADESH VIJAYA WADA.

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EXHIBIT P12. TRUE COPY OF THE FEE STRUCTURE OF RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA.

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EXHIBIT P13. TRUE COPY OF THE COMPARATIVE CHART OF FEE UNDER DIFFERENT HEADS LEVIED BY OTHER HEALTH UNIVERSITIES AND KUHS.

Kannur Dental College v. Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

Kannur Dental College v. Kerala University of Health Sciences

Case brief

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What did the court decide?

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