Kerala High Court
The Medical Director vs State Of Kerala on 2 February, 2022
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
WP(C) NO. 3369 OF 2022
PETITIONER/S:
THE MEDICAL DIRECTOR
KANNUR MEDICAL COLLEGE, ANJARAKKANDY, MAMBA P O,
KANNUR-670612.
BY ADVS.
KURIAN GEORGE KANNANTHANAM (SR.)
TONY GEORGE KANNANTHANAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS.
5TH FLOOR, K S H B BUILDING, THIRUVANANTHAPURAM-
695001.
3 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P
O, TRICHUR-680596.
BY ADV P.SREEKUMAR
OTHER PRESENT:
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.C.No.3369 of 2022
2
AMIT RAWAL, J.
......................................
W.P.C.No. 3369 of 2022
................................................................
Dated this the 2nd day of February, 2022
JUDGMENT
The petitioner is the Medical Director of a Self Financing Medical College has approached this Court for consideration of the representations Ext.P17 to Ext.P21 submitted to the Registrar and Vice Chancellor of the respondent No.3 for continuation of the affiliation and making allotment of MBBS and PG courses. In the year 2005, on the basis of the recommendation of the Medical Council of India (MCI), Government of India granted a letter of permission to establish the medical college of the petitioner. The college was then affiliated to the Kannur University. The first batch of students completed the course, after thorough Inspection, MCI recommended the recognition of the MBBS Course. Consequently recognition was granted by the Central W.P.C.No.3369 of 2022 3 Government by including the petitioner's college in the first schedule of the Indian Medical Council Act, Ext.P1 dated 19.10.2011, which was renewed and extended by the MCI for a period of 5 years vide order dated 30.10.2017. The intake from 100 to 150 was increased as per the recognition granted as per the order of the Central Government dated 31.05.2018.
2. In the year 2016-17, the Admission Supervisory Committee rejected the approval of admission of all candidates admitted for MBBS in petitioner's college for the reason that the college had not received any application 'online'. The said committee had also directed the University to withdraw the affiliation of the college. The said order was challenged. When the matter reached the Supreme Court, it was upheld. In another round of litigation, admitted students submitted a representation to the Admission Supervisory Committee for return of the fees. Again controversy reached the Supreme Court and by way of the consent order dated 29.08.2018, Ext.P3 direction was issued to the college to pay back double the fees collected, to each of the students before W.P.C.No.3369 of 2022 4 04.9.2018 and said process was to be monitored by the Admission Supervisory Committee. College was also permitted to participate in the MOP-up allotments for MBBS to be conducted by the Commissioner for Entrance Examination. There were disputes with regard to the actual fees collected and the matter again reached before the Supreme Court and a direction was issued to the committee vide order dated 04.10.2018 to consider each case and pass appropriate orders. On the basis of the aforementioned order, certain directions were issued by the Admission Supervisory Committee and finally matter reached the Supreme Court and vide judgment dated 18.02.2021, the petitioner College was directed to deposit a sum of Rs.15,72,89,020/- before the Admission Supervisory Committee to be disbursed to the students and also deposit Rs.25 Crores before the Committee which would be converted into multiple fixed deposit receipts.
3. Sri. Kurian George Kannanthanam, the learned Senior Counsel assisted by Sri. Thomas George submitted that owing to the COVID pandemic, the hospital of the petitioner was taken W.P.C.No.3369 of 2022 5 over by the Collector for COVID treatment on 30.04.2021 and the hospital was handed back to the management only on 13.01.2022 as evident from the Mahazar Ext.P18. Representation Ext.P19 dated 17.01.2022 was submitted to the Registrar for the process of the admission pursuance to the entrance examination. Similar representations Exts.P20 and P21 were given to the Vice Chancellor and the Government. Exts.P22 and P23 are the testimony of the notifications specifying the admission to the MBBS and PG Courses for 2020-
21. However no action has been taken on the representation.
4. Sri. P. Sreekumar, accepts notice on behalf of the 3 rd respondent, Sri. Gimmy George for respondents 1 and 2. Both the counsel submitted that the process of first allotment is already over and the list would be published today. It is not known whether the college is fit with the infrastructure and facilities which they had earlier as it has recently been handed back.
5. Sri.Kurian George Kannanthanam rebutted the argument and submitted that the 1st counselling for All India W.P.C.No.3369 of 2022 6 Allotment is published today and there are chances of 2 nd councilling.
I have heard the learned counsel for the parties. The facts as noticed above, with regards to the affiliation and recognition is not in dispute, much less cancellation of the admission for the year 2016-17, which was upheld by the Supreme Court and the direction to deposit the amount. The amount is stated to have been deposited. Petitioners have made a request to the Vice Chancellor and the Government as noticed above for permitting them to take the admissions and run the college much less the Admission supervisory committee vide Ext.P15 dated 06.01.2022 had also requested the Registrar for permitting the petitioner college for grant of affiliation and admit the students for MBBS and PG courses for 2021-22.
Without expressing any opinion on the merits of the matter, I direct the respondent No.3 to take a call on the representations referred above with regard to the affiliation as far as the permission for including the name of the for the purpose of subsequent allotment of students for MBBS and PG courses. Let W.P.C.No.3369 of 2022 7 this exercise be undertaken within a period of ten days from the date of receipt of a certified copy of this judgment, after affording an opportunity of hearing to the representatives of the petitioner either through virtual or physical mode.
Sd/-
AMIT RAWAL, JUDGE Dxy W.P.C.No.3369 of 2022 8 APPENDIX OF WP(C) 3369/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 19.10.2011 ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT.
Exhibit P2 TRUE COPY OF THE ORDER NO.U.12012/224/2015-MEI(FTS.3149978 DATED 31.05.2018 ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT. Exhibit P3 TRUE COPY OF THE ORDER DATED 29.08.2018 IN SPECIAL LEAVE TO APPEAL NO.23225/2018 OF SUPREME COURT OF INDIA.
Exhibit P4 TRUE COPY OF THE ORDER DATED 4.10.2018 IN SLP (C0 NO.23225/2018 OF SUPREME COURT OF INDIA.
Exhibit P5 TRUE COPY OF THE ORDER DATED 19.02.2019 ISSUED BY THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE ORDER DATED 29.05.2020 IN WPC NO.10205/2020 OF THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF THE ORDER NO.H3/1473/2020/DCKNR DATED 24.03.2020 OF DISTRICT MAGISTRATE AND CHAIRMAN DDMA, KANNUR.
Exhibit P8 TRUE COPY OF THE ORDER NO.DCKNR/8964/2020 -DM2 DATED 1.12.2020 OF THE CHAIRMAN DDMA AND DISRICT COLLECTOR, KANNUR.
W.P.C.No.3369 of 20229 Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 18.02.2018 IN CIVL APPEAL NO.596/2021 OF THE HON.SUPREME COURT OF INDIA.
Exhibit P10 TRUE COPY OF THE COVERING LETTER DATED 3.3.2021 ISSUED BY THE KANNUR MEDICAL COLLEGE.
Exhibit P11 TRUE COPY OF THE DEMAND DRAFT DATED 2.3.2021 ISSUED BY THE SBI, ANJARAKANDY.
Exhibit P12 TRUE COPY OF THE ORDER NO.DCKNR/4088/2021-DMI DATED 30.04.2021 OF THE CHAIRMAN DDMA AND DISTRICT COLLECTOR, KANNUR.
Exhibit P13 TRUE COPY OF THE ORDER NO.DCKNR/4088/2021-DMI DATED 30.04.2021 OF THE CHAIRMAN DDMA AND DISTRICT COLLECTOR, KANNUR.
Exhibit P14 TRUE COPY OF THE LETTER NO.KMC/KUHS/2021-22 DATED 28.07.2021 -22 ISSUED TO THE 3RD RESPONDENT.
Exhibit P15 TRUE COPY OF THE LETTER NO.ASC100/2021/MBBS/KMC DATED 6.1.2022 ISSUED BY THE CHAIRMAN, ADMISSION SUPERVISORY COMMITTEE.
Exhibit P16 TRUE COPY OF THE LETTER DATED 6.1.2022 ISSUED BY THE KANNUR MEDICAL COLLEGE. Exhibit P17 TRUE COPY OF THE REPRESENTATION DATED 10.01.2022 ISSUED FROM THE KANNUR MEDICAL COLLEGE.
Exhibit P18 TRUE COPY OF THE MAHAZAR DATED 13.01.2022 ISSUED BY THE KANNUR MEDICAL W.P.C.No.3369 of 2022 10 COLLEGE WITH ENGLISH TRANSLATION.
Exhibit P19 TRUE COPY OF THE REPRESENTATION DATED 17.01.2022 ISSUED TO THE 3RD RESPONDENT. Exhibit P20 TRUE COPY OF THE REPRESENTATION DATED 17.01.2022 ISSUED TO THE VICE CHANCELLOR OF 3RD RESPONDENT.
Exhibit P21 TRUE COPY OF THE REPRESENTATION DATED 17.01.2022 ISSUED TO THE 1ST RESPONDENT. Exhibit P22 TRUE COPY OF THE NOTIFICATION NO.CEE/3600/KEAM-2021/TA4 DATED 24.01.22 ISSUED BY THE 2ND RESPONDENT.
Exhibit P23 TRUE COPY OF THE NOTIFICATION NO.CEE/100/PGM-2021/TA1 DATED 25.01.22 ISSUED BY THE 2ND RESPONDENT.
Exhibit P24 TRUE COPY OF THE ORDER UO NO.21234/ACI/MED.B2/2019 KUHS DATED 29.04.2020 ISSUED BY THE 3RD RESPONDENT.
Exhibit P25 TRUE COPY OF THE LETTER NO.21234/2019/ACI/MED/B1/KUHS DATED 21.10.2020 ISSUED BY THE 3RD RESPONDENT.