Kerala High Court
Dr.Ameena A.S vs State Of Kerala on 29 May, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 29TH DAY OF MAY 2019 / 8TH JYAISHTA, 1941
WP(C).No. 14775 of 2019
PETITIONERS:
1 DR.AMEENA A.S,
M.D. RADIO DIAGNOSIS,
DEPARTMENT OF RADIO DIAGNOSIS, PARIYARAM MEDICAL
COLLEGE, P.O. PARIYARAM, KANNUR-670503.
2 DR. ABDUL MANAF V.K,
M.S.ENT, DEPARTMENT OF E.N.T.,
PARIYARAM MEDICAL COLLEGE, P.O. PARIYARAM,
KANNUR-670503.
3 DR. MOHAMED JAMSHID V.P,
M.D. EMERGENCY MEDICINE, DEPARTMENT OF EMERGENCY
MEDICINE, PARIYARAM MEDICAL COLLEGE,
P.O. PARIYARAM, KANNUR-670503.
4 DR. RAMEELA SANYA
M.D. COMMUNITY MEDICINE,
DEPARTMENT OF COMMUNITY MEDICINE,
PARIYARAM MEDICAL COLLEGE, P.O. PARIYARAM,
KANNUR-670503.
5 DR. ANJALY R,
M.S.ENT, DEPARTMENT OF E.N.T.,
PARIYARAM MEDICAL COLLEGE, P.O. PARIYARAM,
KANNUR-670503.
BY ADVS.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
SRI.VARUN C.VIJAY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
WP(C).Nos.14775 & 14808 of 2019
2
2 DIRECTOR,
DIRECTORATE OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM-695001.
3 MEDICAL COUNCIL OF INDIA,
REPRESENTED BY REGISTRAR/SECRETARY,
MEDICAL COUNCIL OF INDIA, POCKET-14, SECTOR-8,
DWARKA, NEW DELHI-110077.
4 KERALA UNIVERSITY HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O,
THRISSUR, KERALA-680596.
5 REGISTRAR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR,KERALA-680596.
6 PRINCIPAL
GOVERNMENT MEDICAL COLLEGE, KANNUR-670503.
OTHER PRESENT:
BY ADVS. SRI.M.A.ASIF, SPL.GP ,
SRI.TITUS MANI VETTOM, SC MCI,
SRI.P.SREKUMAR, SC,UTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2019, ALONG WITH WP(C).NO.14808/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.14775 & 14808 of 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 29TH DAY OF MAY 2019 / 8TH JYAISHTA, 1941
WP(C).No. 14808 of 2019
PETITIONER/S:
1 DR.THEERTHA M.T.,
AGED 28 YEARS
D/O. BALAKRISHNAN M.T., M.S. ENT, DEPARTMENT OF ENT,
PARIYARAM MEDICAL COLLEGE-670503, PARIYARAM P.O.,
KANNUR DISTRCT, RESIDING AT 'KRISHNA', KOTTAKKAL
P.O., IRINGAL, KOZHIKODE DISTRICT.
PH. 9497829962, 6282169176.
2 DR. MUHZINA MARIAM RAHIM,
AGED 27 YEARS
D/O. RAHIM P.S., DLO, DEPARTMENT OF ENT, PARIYARAM
MEDICAL COLLEGE-670503, PARIYARAM P.O., KANNUR
DISTRICT, RESIDING AT VAYALIRAMPU HOUSE,
PADINJATETHIL, KOLLAM DISTRICT.
PH.94004450668.
3 DR. SHARON PAULSON,
AGED 27 YEARS
W/O. JOSE JOSEPH, DDVL, DEPARTMENT OF DERMATOLOGY,
PARIYARAM MEDICAL COLLEGE, PARIYARAM P.O., KANNUR
DISTRCT-670503, RESIDING AT NALPATHAM KALAM HOUSE,
CRAF 45, SUNDAR NAGAR, EDAPPALLY.
PH. 944656216, 9446476216.
4 DR. REMJINI CHANDRAN,
AGED 34 YEARS
W/O. SREEJITH G., DCH, DEPARTMENT OF PEDIATRICS,
PARIYARAM MEDICAL COLLEGE, PARIYARAM P.O., KANNUR
DISTRICT-670503
RESIDING AT 'SUDHARMA', MGRA 3, PETTA P.O.,
PALKULANGARAM, THIRUVANANTHAPURAM DISTRICT.
PH. 9539119039, 9447724646.
WP(C).Nos.14775 & 14808 of 2019
4
5 DR. MAHESH JAYADHARAN,
S/O. V. JAYADHARAN, M.D. MEDICINE, DEPARTMENT OF
GENERAL MEDICINE, PARIYARAM MEDICAL COLLEGE, ,
PARIYARAM P.O., KANNUR DISTRICT-670503, RESIDING AT
"ASWATHI", KARAMKODE P.O., KOLLAM DISTRICT-691579.
MOB.9895116573, 04742594950.
6 DR. CHIPPY S BABU,
AGED 26 YEARS
D/O. BABU K.K., MD PEDIATRICS, DEPARTMENT OF
PEDIATRICS, PARIYARAM MEDICAL COLLEGE, PARIYARAM
P.O., KANNUR DISTRICT-670503, RESIDING AT 'SONU
NIVAVS', NEAR MOOKAMBIKA TEMPLE, PALLIKKUNNU P O.,
KANNUR DISTRICT.
MOB.8971612583, 8714317966.
7 ANJANA HARIKUMAR,
AGED 28 YEARS
D/O. DR.V. HARIKUMAR, MS SURGERY, DEPARTMENT OF
SURGERY, PARIYARAM MEDICAL COLLEGE, PARIYARAM P.O.,
KANNUR DISTRICT-670503, RESIDING AT 'SWATHY' HOUSE,
S.V. SASTRI GARDENS, MANNANTHALA,
THIRUVANANTHAPURAM DISTRICT-695015.
MOB. 9400530560, 9447502121.
8 DR. ATHULA S.,
AGED 25 YEARS
D/O. SASIDHARAN, MD RADIO DIAGNOSIS, DEPARTMENT OF
RDIO DIAGNOSIS, PARIYARAM MEDICAL COLLEGE-670503,
PARIYARAM P.O., KANNUR DISTRICT, RESIDING AT RAJI
SADAN, MANNUR P.O., CALICUT DISTRICT-673328.
MOB. 9446345846, 9447636701.
9 DR. JIBIN ASHRAF T.P.,
AGED 29 YEARS
D/O. MOHAMMED ASHRAF, DGO, DEPARTMENT OF OBSTETRICS
AND GYNACOLOGY, PARIYARAM MEDICAL COLLEGE, PARIYARAM
P.O., KANNUR DISTRICT-670503, RESIDING AT
THEKKUMPURATH HOUSE, EDAVANNA P.O., MALAPPURAM
DISTRICT.
MOB.9946711168, 9809708948.
WP(C).Nos.14775 & 14808 of 2019
5
10 DR. DALIYA BALAKRISHNAN,
AGED 38 YEARS
W/O. DR. R. RAGESH, MS OPHTHALMOLOGY, DEPARTMENT OF
OPHTHALMOLOGY, PARIYARAM MEDICAL COLLEGE, PARIYARAM
P.O., KANNUR DISTRICT-670503, RESIDING AT
VRINDAVANAM HOUSE, THATHAMANGALAM P.O.,
PALAKKAD DISTRICT.
PH. 8075448847, 9447212752.
11 DR. TESS ANN KURIAN,
AGED 27 YEARS
D/O. M.K. KUNJACHAN, MD PSYCHIATRY, DEPARTMENT OF
PSYCHIATRY, PARIYARAM MEDICAL COLLEGE, PARIYARAM
P.O., KANNUR DISTRICT-670503, RESIDING AT MANATTIL
HOUSE, THODUPUZHA EAST, IDUKKI DISTRICT.
12 DR. HIBU GEER JOSEPH,
AGED 25 YEARS
S/O. JOSEPH V.G., MD MEDICINE, PARIYARAM MEDICAL
COLLEGE, PARIYARAM P.O., KANNUR DISTRICT-670503,
RESIDING AT NEDIYAVILA KIZHAKKATHIL HOUSE, KARUVATTA
SOUTH, ADOOR P.O., PATHANAMTHITTA DISTRICT.
13 DR. APARNA T.,
AGED 27 YEARS
D/O. GOUTHAMAN K.V., MS ENT, DEPARTMENT OF ENT,
PARIYARAM MEDICAL COLLEGE, PARIYARAM P.O., KANNUR
DISTRICT-670503, RESIDING AT APARNAS, NEAR KADALAYI
SREEKRISHNA TEMPLE, KANNUR DISTRICT.
14 DR. NEEMA K.,
AGED 27 YEARS
D/O. DR. K. HARIDAS, MD PATHOLOGY, DEPARTMENT OF
PATHOLOGY, PARIYARAM MEDICAL COLLEGE-670503,
PARIYARAM P.O., KANNUR DISTRICT, RESIDING AT
'NEEMAS', COLLEGE ROAD, MATTANNOOR, KANNUR DISTRICT.
15 DR. SMRITHI SARA THOMAS,
AGED 28 YEARS
D/O. THOMAS ABRAHAM, MD PATHOLOGY, DEPARTMENT OF
PATHOLOGY, PARIYARAM MEDICAL COLLEGE, PARIYARAM
P.O., KANNUR DISTRICT-670503, RESIDING AT
KATTUVADAKKETHIL HOUSE, VENMANY P.O., ALAPPUZHA
DISTRICT.
16 DR. SAPNA AYILLIYATH MALEVEETIL,
AGED 35 YEARS,
W/O. DR. JYOTHI PRASANTH, MD PATHOLOGY, DEPARTMENT
WP(C).Nos.14775 & 14808 of 2019
6
OF PATHOLOGY, PARIYARAM MEDICAL COLLEGE-670503,
PARIYARAM P.O., KANNUR DISTRICT, RESIDING AT
SAPNASREE, MOTTAMMAL P.O., KANNUR DISTRICT.
17 DR. SALINY M.,
AGED 27 YEARS
D/O. UNNIKRISHNAN PILLAI P., MD DERMATOLOGY,
PARIYARAM MEDICAL COLLEGE-670503, PARIYARAM P.O.,
KANNUR DISTRICT, RESIDING AT 'GAYATHRI', CHENNITHALA
P.O., ALAPPUZHA DISTRICT.
18 DR. HAMDI NIZAR AHAMED,
AGED 28 YEARS
S/O. NIZAR AHAMMED, MS ORTHOPEDICS,DEPARTMENT OF
ORTHOPEDICS, PARIYARAM MEDICAL COLLEGE-670503,
PARIYARAM P.O., KANNUR DISTRICT, RESIDING AT
PALAPPILLIL HOUSE, VARAVILA P.O., KOLLAM DISTRICT.
19 DR. ANUPAM SUDEEP,
AGED 26 YEARS
S/O. SUDEEP M.G., D. ORTHO, DEPARTMENT OF
ORTHOPEDICS, PARIYARAM MEDICAL COLLEGE, PARIYARAM
P.O., KANNUR DISTRICT-670503, RESIDING AT MURUNTHALA
HOUSE, CHETTIPARAMBU, IRINJALAKKUDA, THRISSUR
DISTRICT.
20 DR. MEERA MURALEE,
AGED 26 YEARS
MS SURGERY, DEPARTMENT OF GENERAL SURGERY, PARIYARAM
MEDICAL COLLEGE, PARIYARAM P.O., KANNUR DISTRICT-
670503, RESIDING AT A-44, SREEVIHAR, SREERANGAM
LANE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM
DISTRICT.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
WP(C).Nos.14775 & 14808 of 2019
7
OF HEALTH AND FAMILY WELFARE, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 DIRECTOR,
DIRECTORATE OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM-695001.
3 MEDICAL COUNCIL OF INDIA,
REPRESENTED BY REGISTRAR/SECRETARY, MEDICAL COUNCIL
OF INDIA, POCKET-14, SECTOR-8, DWARKA,
NEW DELHI-110077.
4 KERALA UNIVERSITY HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
THRISSUR, KERALA-680596.
5 REGISTRAR,
KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
COLLEGE P.O., THRISSUR, KERALA-680596.
6 PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, KANNUR-670503.
OTHER PRESENT:
SRI.M.A.ASIF, SPL.GP ,
SRI.TITUS MANI VETTOM,SC MCI,
SRI.P.SREKUMAR, SC, UTYITUS MA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2019, ALONG WITH WP(C).14775/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.14775 & 14808 of 2019
8
J U D G M E N T
Petitioners are Post Graduate Students studying in the Kannur Medical College. They had joined the course in Pariyaram Medical College, which was a Self Financing College run by a Society. It was taken by Government and renamed as Kannur Medical College. Petitioners submit that even after it is taken over by Government, the very same fees structure is followed by the College and that once the College is taken over by Government, they cannot be compelled to make payment in accordance with the fees structure applicable to the Self Financing College in which they originally joined. Pointing out the same, the petitioners have approached the Government with representations produced as Ext.P10 in W.P. (C).No.14775 of 2019 and Ext.P3 in W.P.(C).No.14808 of 2019.
2. Learned Special Government Pleader points out that the issue is covered by the judgment dated WP(C).Nos.14775 & 14808 of 2019 9 16.02.2015 in W.A.No. 1759 of 2014, in which similar claim raised by similarly situated students of Govt Medical College Ernalulam, who had originally joined the Co-operative Academy of Professional Education which was taken over by the Government, was repelled by this Court.
3. However, since petitioners have approached the Government, these writ petitions are disposed of, directing the first respondent to consider and pass orders on Ext.P10 in W.P.(C).No.14775 of 2019 and Ext.P3 in W.P.(C).No.14808 of 2019 representations, after affording an opportunity of hearing to the representatives of the petitioners, within a period of 'two months' from the date of receipt of a copy of the judgment.
Payment made will be subject to the decision to be taken by the Government.
Sd/-
P.V.ASHA, JUDGE.
AS WP(C).Nos.14775 & 14808 of 2019 10 APPENDIX OF WP(C) 14775/2019 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COLLEGE ID CARD OF THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE COLLEGE ID CARD OF THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE COLLEGE ID CARD OF THE 4TH PETITIONER.
EXHIBIT P4 TRUE COPY OF THE ALLOTMENT MEMO OF THE 1ST PETITIONER.
EXHIBIT P5 TRUE COPY OF THE ALLOTMENT MEMO OF THE 2ND PETITIONER.
EXHIBIT P6 TRUE COPY OF THE GO(RT)NO.1366/2017/H&FWD DATED 15.05.2017.
EXHIBIT P7 TRUE COPY OF THE GO.NO.44/2019/H&FWD DATED 18.03.2019.
EXHIBIT P8 TRUE RELEVANT PAGES OF THE PROSPECTUS ISSUED BY THE DIRECTORATE OF MEDICAL EDUCATION FOR ADMISSION TO THE MEDICAL POST GRADUATE DEGREE/DIPLOMA COURSES FOR THE ACADEMIC YEAR 2019-2020, INDICATING THE FEES FOR THE SAID COURSES IN GOVERNMENT MEDICAL COLLEGES.
EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED BY THE PRINCIPAL OF GMC, KANNUR ON 10.05.2019.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 27.05.2019 SUBMITTED BY THE 1ST PETITIONER ON BEHALF OF ALL THE PETITIONERS BEFORE THE 1ST RESPONDENT. WP(C).Nos.14775 & 14808 of 2019 11 APPENDIX OF WP(C) 14808/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 A COPY OF THE COLLEGE ID CARD OF THE FIRST PETITIONER.
EXHIBIT P2 A COPY OF THE COLLEGE ID CARD OF THE SECOND PETITIONER.
EXHIBIT P3 A COPY OF THE ADMIT CARD OF THE 3RD PETITIONER TO THE RESPONDENT COLLEGE.
EXHIBIT P4 A COPY OF THE COLLEGE ID CARD OF THE 3RD PETITIONER.
EXHIBIT P5 A COPY OF THE COLLEGE ID CARD OF THE 4TH PETITIONER.
EXHIBIT P6 A COPY OF THE COLLEGE ID CARD OF THE 7TH PETITIONER.
EXHIBIT P7 A COPY OF THE COLLEGE ID CARD OF THE 8TH PETITIONER.
EXHIBIT P8 A COPY OF THE COLLEGE ID CARD OF THE 9TH PETITIONER.
EXHIBIT P9 A COPY OF THE COLLEGE ID CARD OF THE 10TH PETITIONER.
EXHIBIT P10 A COPY OF THE COLLEGE ID CARD OF THE 11TH PETITIONER.
EXHIBIT P11 A COPY OF THE COLLEGE ID CARD OF THE 12TH PETITIONER.
EXHIBIT P12 A COPY OF THE COLLEGE ID CARD OF THE 13TH PETITIONER.
EXHIBIT P13 A COPY OF THE COLLEGE ID CARD OF THE 14TH PETITIONER.
EXHIBIT P14 A COPY OF THE COLLEGE ID CARD OF THE 15TH PETITIONER.
WP(C).Nos.14775 & 14808 of 2019 12 EXHIBIT P15 A COPY OF THE COLLEGE ID CARD OF THE 16TH PETITIONER.
EXHIBIT P16 A COPY OF THE COLLEGE ID CARD OF THE 17TH PETITIONER.
EXHIBIT P17 A COPY OF THE ALLOTMENT MEMO OF THE 18TH PETITIONER.
EXHIBIT P18 A COPY OF THE COLLEGE ID CARD OF THE 20TH PETITIONER.
EXHIBIT P19 A COPY OF THE NOTE DATED 13/04/2018.
EXHIBIT P20 A COPY OF G.O. NO.44/2019/H&FWD DATED 18/03/2019.
EXHIBIT P21 A COPY OF THE RELEVANT PAGES OF THE PROSPECTUS ISSUED BY THE DIRECTORATE OF MEDICAL EDUCATION FOR ADMISSION TO THE MEDICAL POST GRADUATE DEGREE/DIPLOMA COURSES FOR THE ACADEMIC YEAR 2019-2020, INDICATING THE FEES FOR THE SAID COURSES IN GOVERNMENT MEDICAL COLLEGES.
EXHIBIT P22 A COPY OF THE NOTICE DATED 10/05/2019.
EXHIBIT P23 A COPY OF THE REPRESENTATION DATED 27/05/2019 SUBMITTED BY THE 9TH PETITIONER ON BEHALF OF ALL THE PETITIONERS BEFORE THE 1ST RESPONDENT.