Allowed

Arya Aravind E.P v. State of Kerala

Kerala HC1 Aug 2024WP(C)/22054/2021

Case brief

AI extract

What is this about?

Petitioners, para medical students and professionals qualified outside Kerala, challenged refusal by the Para Medical Council to register their names. The court disposed of writ petitions allowing fresh representation after Government Order dated 08.03.2022 sanctioned registration for holders from approved institutions outside the state.

What did the court decide?

Disposal of writ petitions allowing the petitioners to make fresh representation to the respondent to be considered within two months.

Arya Aravind E.P Vs State of Kerala — Pension and Retirement Benefits | 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 V.G.ARUN

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THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946

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WP(C) NO. 22054 OF 2021

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PETITIONERS:

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1 ARYA ARAVIND E.P

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AGED 25 YEARS

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D/O. ARAVINDAN, EDAVANAPPURATH HOUSE, NARIKKANI P.O,
KOZHIKODE DISTRICT

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2ASHIN E. SHAROY
AGED 23 YEARS
S/O. ALLAN ROY, ASHINS KARIPALAPARAMBA, K.T THAZHAM,
NELLIKODE P.O, KOZHIKODE DISTRICT

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3 MOHAMMED NASEEF O

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AGED 24 YEARS

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S/O. ABDUL LATHEEF, OLLAKKAN HOUSE, KARUMBIL KAKKAD
PO, MALAPPURAM DISTRICT

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4 ANCY DAVIS

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AGED 28 YEARS

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D/O. N.A DAVIS, NEELAM LAVIL HOUSE, NEDUPUZHA P.O,
TRISSUR DISTRICT

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5 SHIBNA K

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AGED 23 YEARS

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D/O. ABDULLA KALLIYATH, KALLIYATH DARUSSALAMA HOUSE,
KUTTOOR NORTH P.O, MALAPPURAM DISTRICT

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6 MOHAMED JURAIJ

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AGED 24 YEARS

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S/O. MOIDU, MELETHIL HOUSE, AREEKKAD, THALAKKADATHUR
P.O, MALAPPURAM DISTRICT

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7 SHILPA S. SUDHAKARAN AGED 22 YEARS

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D/O. A.L SUBHAKARAL, SRUTHY NIVAS, CRWA-11, CHIRAKKARA
TEMPLE LINE HOUSE, PAPPANAMCODE P.O,
THIRUVANANTHAPURAM DISTRICT

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8 ARJUN PRADEEP V

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W.P.(C)Nos.22054 and 26612 OF 2021

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AGED 28 YEARS

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S/O. PRADEEP KUMAR V, VAZHAYIL HOUSE, SHIVAPURI ROAD,
NORTH BEYPORE P.O, KOZHIKODE DISTRICT.

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9HIBA P.P
AGED 23 YEARS
D/O. NAZEER HUSSAIN P.P, BISMI HOUSE, NELLOLIPADANNA ,
NEAR F.T.W.P.O , FEROKE, CHERUVANNUR, KOZHIKODE
DISTRICT

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10SHIFNA K
AGED 23 YEARS
D/O. MUHAMMED MUSTHAFA, KODAKKATTU HOUSE, CHEMMANIYODE
P.O, MALAPPURAM DISTRICT

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11EMA SURESH
AGED 20 YEARS
D/O. SURESH, VELLATHERIYIL HOUSE, AVATHUKKADU COLONY,
CHITTANADA P.O, VARAVOOR, THRISSUR DISTRICT.

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12FATHIMA SHANA K
AGED 21 YEARS
D/O. ASSAN KOYAKALLIYIL , MANNATHAN KANDI HOUSE,
CHENAKKALANGADI P.O, THENHIPPALAM, MALAPPURAM
DISTRICT.

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13 UNITHA U AGED 22 YEARS

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D/O. UNNIKRISHNAN, KOKKUR HOUSE, KOKKUR P.O,
CHANGARAMKULAM,MALAPPURAM DISTRICT.

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14SUSMITHA P.S
AGED 22 YEARS
D/O. SURENDRAN, SURANGI HOUSE, VRNNAYOOR,
AYIKKARAPPADI P.O, MALAPPURAM DISTRICT

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BY ADVS.
N.K.SHYJU
ARCHANA MITHRAN O.K.
DEEPAK RAJ

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001

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W.P.(C)Nos.22054 and 26612 OF 2021

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2 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM PIN 695 001

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3 THE ADDITIONAL SECRETARY KERALA PARA MEDICAL COUNCIL, CHALAKUZHY, THIRUVANANATHAPURAM PIN 695 011

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4 THE VICE CHANCELLOR KERALA UNIVERSITY OF HEALTH SCIENCES, GOVERNMENT MEDICAL COLLAGE, THRISSUR PIN 680 596

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BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES

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SRI. AJITH VISWANATHAN, GP. SRI BINNY THOMAS SC, FOR
KUHS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2024, ALONG WITH WP(C).26612/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

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W.P.(C)Nos.22054 and 26612 OF 2021

¶49

¶50

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946

¶54

WP(C) NO. 26612 OF 2021

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PETITIONER:

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ALLIED HEALTH STUDENTS AND PROFESSIONALS ASSOCIATION
REGISTRATION,
KKD/CA/ 226/2021 REPRESENTED BY ITS SECRETARY,
MOHAMMED REFEEQUE, S/O. ABOOBACKER .C.K. AMBAYATHIL,
AREEKODE, CHEMMARAKKATUR, MALAPPURAM DISTRICT, PIN-673
639

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BY ADVS.
N.K.SHYJU
GIREESH PANKAJAKSHAN
ARCHANA MITHRAN O.K.
DEEPAK RAJ

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001

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2 THE ADDITIONAL SECRETARY, KERALA PARA MEDICAL COUNCIL , CHALAKUZHY, THIRUVANANTHAPURAM,PIN-695 011

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3 THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR ,PIN-680 596

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4THE DIRECTOR OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 001

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W.P.(C)Nos.22054 and 26612 OF 2021

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5 THE VICE CHAIRMAN, KERALA STATE HIGHER EDUCATION COUNCIL SCIENCE AND TECHNOLOGY, MUSEUM CAMPUS, PMG, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 011

¶66

BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2024, ALONG WITH WP(C).22054/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

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W.P.(C)Nos.22054 and 26612 OF 2021

¶69

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JUDGMENT

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Dated this the 1^st day of August, 2024

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The petitioners are para medical students and professionals who have acquired their qualification from outside Kerala. The petitioners’ grievance is regarding the refusal of the Para Medical Council to register their names.

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When these writ petitions were taken up for consideration, learned Government Pleader made available a copy of the G.O.(Ms)No.52/2022/H&FWD dated 08.03.2022, the relevant portion of which reads as under:

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“Government have examined the matter in detail, and are pleased to accord sanction in principle to Secretary, Kerala Paramedical Council to issue Certificate of Registration to paramedical certificate holders from

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W.P.(C)Nos.22054 and 26612 OF 2021

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institutions outside the state, provided the institutions are approved by the University Grants Commission or the Directorate of Medical Education of the respective State and they possess the registration of the regulatory body of the respective State.”

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It is evident from a reading of the above paragraph that a provision has now been made for registration of para medical certificate holders from institutions outside the State, if those institutions are approved by the University Grants Commission or the Directorate of Medical Education of the respective State, and such institution possesses the registration issued by the Regulatory Body of that State.

¶79

The grievance of the petitioners stands substantially allayed by the Government Order. These writ petitions are hence disposed of, permitting the petitioners to make a fresh representation to the 1^st respondent or any other duly authorized senior officer. Thereupon, the 1^st respondent or the duly authorized officer shall consider the request in the light of the

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W.P.(C)Nos.22054 and 26612 OF 2021

¶81

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Government Order mentioned above and take

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appropriate decision thereon within two months.

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Ordered accordingly.

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Sd/V.G.ARUN JUDGE

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SSK/01/08

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W.P.(C)Nos.22054 and 26612 OF 2021

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APPENDIX OF WP(C) 22054/2021

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PETITIONER EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF THE REPLY SENT BY THE PRINCIPAL` `SECRETARY, GOVT. KERALA, THIRUVANANTHAPURAM DATED` `27-06-2019 TO THE 1ST PETITIONER.`
`Exhibit P2`	`A TRUE COPY OF THE NOTIFICATION NO. G.O(MS) 67/93` `H AND FWD ISSUED BY THE 1ST RESPONDENT, DATED 15-` `06-1993`
`Exhibit P3`	`A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE` `FIRST PETITIONER BEFORE THE HEALTH MINISTER DATED` `18-06-2021`

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W.P.(C)Nos.22054 and 26612 OF 2021

¶93

¶94

APPENDIX OF WP(C) 26612/2021

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PETITIONER EXHIBITS

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`Exhibit`	`P1` `A TRUE COPY OF THE` `ORDER DATED 24.04.`	`G.O(RT) NO.1508/2008, H & FWD ,` `2008 ISSUED BY THE 1ST RESPONDENT`
`Exhibit`	`P2` `A TRUE COPY OF THE` `12.08.2021`	`REPORT BY THE DMO, DATED 0N`
`Exhibit`	`P3` `A TRUE COPY OF THE` `DATED 15.06.1993`	`ORDER GO (MS) 67/1993 H & FWD`
`Exhibit`	`P4` `A TRUE COPY OF THE` `DATED 08.05.2015`	`ORDER NO.6477/ACB/KUHS/2014`
`Exhibit`	`P5` `A TRUE COPY OF THE` `14.11.2018`	`G.O. (MS) 272/2018 HEDN DATE`
`Exhibit`	`P6` `A TRUE COPY OF THE` `NO.KSHEC/A6/301/VC`	`ORDER` `-DRCT/2021 DATED 28.07.2021`
`Exhibit`	`P7` `TRUE COPY OF THE R` `PARA MEDICAL COUNC`	`EPRESENTATION GIVEN BEFORE THE` `IL, KERALA STATED 07.08.2021`
`Exhibit`	`P8` `TRUE COPY OF THE R` `MINISTER, KERALA D`	`EPRESENTATION GIVEN TO THE HEALTH` `ATED 17.10.2021`

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SSK //TRUE COPY// PA TO JUDGE

Arya Aravind E.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Arya Aravind E.P v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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