State of Kerala Represent Its Secretary Vs Shanid.C.v

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2025:KER:29064

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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 N.NAGARESH

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FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947

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RP NO. 446 OF 2025

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AGAINST THE JUDGMENT IN WP(C) NO.3972 OF 2025 OF
HIGH COURT OF KERALA

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REVIEW PETITIONERS/RESPONDENTS 1, 4 AND 5 IN WPC:

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1STATE OF KERALA
REPRESENT ITS SECRETARY
HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIATE, THIRUVANANTHAPURAM,
PIN - 695001

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2DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O ,
THIRUVANANTHAPURAM,
PIN - 695011

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3PRINCIPAL
GOVERNMENT MEDICAL COLLEGE.,PARIYARAM
KANNUR, KERALA., PIN - 670503

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BY ADVS.

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SRI. ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
SRI. T.S.SHYAM PRASANTH, GOVERNMENT PLEADER

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2025:KER:29064

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RP No.446/2025 in
WP(C) No.3972/2025

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RESPONDENTS/PETITIONERS AND RESPONDENTS 2 AND 3 IN WPC:

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1 SHANID.C.V AGED 26 YEARS MUHAMMED YOUSUF,CHAMGAM VALLY HOUSE MAMPAD P.O, MALAPPURAM, PIN - 676542

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2DEVIKA CHAND
AGED 25 YEARS
D/O V. P CHANDRAN,VALIYAPRAMBIL
HOUSE,EZHACHERRY P.O, PALA KOTTAYAM,
PIN - 686651

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3AFEEFA N.T
AGED 24 YEARS
D/O MUHAMMED ABDULSSALAM K.P,
NADUVILTHODI HOUSE, AKKODE P.O,
VAZHAKKAD, MALAPPURAM,, PIN - 673640

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4AMRUTHA BINESH
AGED 24 YEARS
D/O A BINESH, MULKKALYAZHATH HOUSE,
MOOTHKUNNAN P.O, NORTH PARAVOOR,
ERNAKULAM, PIN - 683516

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5PRABHAV SANAL NAIR
AGED 23 YEARS
S/O BABU SANAL NAIR, KAIPILALIL HOUSE,
MALAYALAPUZHA P.O, PATHANAMTHITTA, PIN - 689666

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6 AMINA ABDUL NASSAR AGED 24 YEARS D/O ABDUL NASSER, PONNIYATH HOUSE, NADAPURAM P.O, KOZHIKODE, PIN - 673504

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7 SWETHA .T.M AGED 24 YEARS D/O ASHOKAN K,KEERTHANAM NEAR KATTIL PEEDIKA, PINARAYI P.O KANNUR,, PIN - 670741

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2025:KER:29064

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RP No.446/2025 in

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WP(C) No.3972/2025

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8 JASNA V.S AGED 25 YEARS D/O BADARUDEEN, JASNA MANSIL, EZHPPORAM, PARIPALLI P.O, KOLLAM, PIN - 691574

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9 FATHIMA HISANA KHATHOON AGED 24 YEARS D/O SAINUDHEEN V.V, BEEVI HOUSE, THUNERI P.O, NADAPURAM, KOZHIKKODE, PIN - 673505

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10AREENA ROY
AGED 24 YEARS
D/O ROY MARTIN, KOODARAM, M M PARAMDA
UNNIKULAM, KOZHIKKODE, PIN - 673574

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11 ANUPAMA P AGED 24 YEARS D/O PREMANANDAN M, NANDANAM, SANTHOSH NAGAR, VAZHANI ROAD, WADAKKANCHERRY, TRISSUR, PIN - 680582

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12 MUSHTHAQUE HARSHAL T.P AGED 26 YEARS S/O MUSTAFA T. P, THANDUPARA HOUSE, EDAVANNA, MALAPPURAM, PIN - 676541

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13 AJMAL ALI C.K AGED 25 YEARS S/O ALIKUTTY, CHANGANNAKATTIL HOUSE, CHANDANAKAVU, ANANTHAVOOR P.O, MALAPPURAM, PIN - 676301

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14MUNEES RAHMAN M
AGED 24 YEARS
S/O MOOSA M, MECHERI HOUSE,
CHOORAPPATTA,
AKODE P.O, MALAPPURAMPIN,
PIN - 676340

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2025:KER:29064

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RP No.446/2025 in

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WP(C) No.3972/2025

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15 HITHESH M AGED 25 YEARS S/O HARIDAS T P, PALAKKIL HOUSE, PERIMKONNU CHENGALAYI P. O, KANNUR, PIN - 670631

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16 DIYA FATHIMA M AGED 25 YEARS D/O ABDUL GAFFOOR M, CHERUTHODI HOUSE, EDAVANNAPPARA,CHERUVAYOOR P.O MALAPPURAM, PIN - 673645

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17SURUMI P
AGED 25 YEARS
D/O SUDHEER O, PARAPPURAVAN HOUSE,
WANDOOR, PUNNAPPALA P.O,
MALAPPURAM, PIN - 679328

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18KARTHIK.K
AGED 23 YEARS
S/O SIVAN K, KAMPURATH HOUSE, MAKKADA P.O
CHERUKULAM KOZHIKKODE, PIN - 673611

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19 AMAN JAFER M.P AGED 24 YEARS S/O JAFER PALOT, AL THAYIB, ERIPURAM, PAYANGADI P.O KANNUR, PIN - 670303

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20SUDEV KARAKKAD
AGED 23 YEARS
S/O DR. NARAYAN PRASAD KARAKKAD,
KARAKKAD HOUSE, DINED AUDITORIUM ROAD,
THANA PO KANNUR, PIN - 670012

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21ASIYA NIZAR
AGED 25 YEARS
D/O K S NIZARUDEEN KAITHADY,
KIZHAKEKARAPUTHEN VEEDU, ALAYAMON PO
ANCHAL, KOLLAM, PIN - 691306

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2025:KER:29064

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RP No.446/2025 in

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WP(C) No.3972/2025

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22 KADEEJATH AMANA C.A AGED 25 YEARS D/O ABDUL RAHIM C A, RAHMATH MANZIL, MANAL, CHEMNAD PO KASARGODE, PIN - 671317

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23SREERAM PANICKER
AGED 26 YEARS
S/O N A PANICKER, BHARANATHU,
MUNROETHURUTHU PO KOLLAM, PIN - 691502

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24SANJEEV SREEDHAR
AGED 24 YEARS
S/O P SASIDHARAN, MARATHAKAM HOUSE,
MERIKUNNU P O KOZHIKKODE, PIN - 673012

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25NATIONAL MEDICAL COMMISSION
POCKET – 14, SECTOR 8, DWARAKA PHASE I,
NEW DELHI, DELHI,
REPRESENTED BY ITS CHAIRPERSON,
PIN - 110077

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26KERALA UNIVERSITY OF HEALTH SCIENCE
MEDICAL COLLEGE P O, THRISSUR, KERALA
REPRESENTED BY ITS REGISTRAR, PIN - 680596

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BY ADV.

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 SRI. THOMAS ABRAHAM, STANDING COUNSEL

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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2025:KER:29064

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RP No.446/2025 in
WP(C) No.3972/2025

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ORDER

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Dated this the 4^th day of April, 2025

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This Review Petition arises from the judgment of this Court in W.P.(C) No.3972/2025. The writ petition was filed by

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the petitioners who belong to 2018 MBBS Batch of Government Medical College, Kannur.

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Following the order of the Hon’ble Apex Court in SLP No.9659/2020, W.P.(C) No.3972/2025 was disposed of with the following directions:

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Accordingly, the writ petition is disposed of directing the 5^th respondent to release the Certificates of the petitioners after obtaining an undertaking from the petitioners to the effect that if the claim of the petitioners is not upheld in the petitions pending before the Hon’ble Apex Court, they will refund the fees within the period prescribed by the Court. In the undertaking, the petitioners shall state that in the event they fail to deposit the amount as directed by the Court, their Degrees will be liable to be confiscated. If the petitioners fail to deposit the amount, subject to any orders that may be passed by the Hon’ble Apex Court, the respondents will be at liberty to

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2025:KER:29064

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RP No.446/2025 in
WP(C) No.3972/2025

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recover the amount treating the amount due as Public Revenue due on land and to resort to revenue recovery proceedings. Certificates shall be returned to the petitioners within a period of one month.

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I have heard the learned counsel for the

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review petitioners and the learned counsel for the writ petitioners.

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It is evident from the judgment that this Court proceeded to pass the final order based on the interim order dated 03.11.2023 of the Hon’ble Apex Court in I.A. No.220228 of 2023 in SLP(C) Nos.8408-8411 of 2020. Paragraph 6 of the said interim order would indicate that the Hon’ble Apex Court intended to grant the relief only insofar as the students who have not been admitted from NRI or Management Quota are concerned. Though the interim order of the Hon’ble Apex Court specified so, such exclusion was not made in the judgment dated 31.01.2025 in W.P.(C) No.3972/2025. To that

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2025:KER:29064

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RP No.446/2025 in
WP(C) No.3972/2025

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extent, I find that there is an error apparent on the face of the records of the case.

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The review petitioners would further submit

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that in the interim order dated 03.11.2023, the Hon’ble Apex Court had directed the students to file affidavit / undertaking before the Hon’ble Apex Court whereas this Court directed the writ petitioners to file undertaking / affidavit before the Principal of the College. Unless an affidavit / undertaking is executed / given before the Hon’ble Apex Court or before this Court, it will be difficult for the Government to make recovery in case ultimately the SLP is decided in favour of the Government.

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The Additional Advocate General would point

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out that the amounts recoverable from each student would run into lakhs and the total recovery, if warranted, would be of considerable sum. Therefore, it is highly necessary that an

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2025:KER:29064

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RP No.446/2025 in
WP(C) No.3972/2025

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affidavit be executed before the Hon’ble Apex Court or before this Court.

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I find that the directions of this Court should

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be in tune with the directions given by the Hon’ble Apex Court. In the circumstances, the last paragraph of the judgment dated 31.01.2025 in W.P.(C) No.3972/2025 is substituted as follows:

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“Accordingly, the writ petition is disposed of directing the 5^th respondent to release the Certificates of those petitioners who are not NRI or Management Quota students, if the petitioners execute an undertaking before this Court to the effect that if the claim of the petitioners is not upheld in the petitions pending before the Hon’ble Apex Court, they will refund the fees within the period prescribed by the Court. Such an undertaking should be given to the Registrar of this Court. In the undertaking, the petitioners shall state that in the

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2025:KER:29064

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RP No.446/2025 in
WP(C) No.3972/2025

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event they fail to deposit the amount as directed by the Court, their Degrees will be liable to be confiscated. If the petitioners fail to deposit the amount, subject to any orders that may be passed by the Hon’ble Apex Court, the respondents will be at liberty to recover the amount treating the amount due as Public Revenue due on land and to resort to revenue recovery proceedings. Certificates shall be returned to the petitioners within a period of one month.”

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The Review Petition is disposed of as above.

Sd/-

N.NAGARESH

JUDGE

spk

2025:KER:29064

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RP No.446/2025 in
WP(C) No.3972/2025

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APPENDIX OF RP 446/2025

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PETITIONER ANNEXURES

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Annexure ITRUE COPY OF THE ORDER DATED 03-11-
2023 IN SLP NO.10212/2019 AND
CONNECTED CASES

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Annexure IITRUE COPY OF THE GO(RT)NO.2040/2017
HFWD DATED 20-07-2017

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Annexure IIITRUE COPY OF THE JUDGMENT DATED 22-06-
2023 IN WP(C)NO.19326/2023

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Annexure IVTRUE COPY OF THE ADMITTED MBBS
CANDIDATES LIST OF ACADEMY OF MEDICAL
SCIENCE,PARIYARAM PUBLISHED BY THE
COMMISSIONER FOR ENTRANCE EXAMINATION,
KERALA

State of Kerala Represent Its Secretary v. Shanid.C.v

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State of Kerala Represent Its Secretary v. Shanid.C.v

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