Kerala High Court
St. Joseph'S Hospital vs Dr. Rajan N. Khobragade Ias on 2 December, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 02ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942
Con.Case(C).No.1132 OF 2020 IN WP(C). 23959/2019
AGAINST THE JUDGMENT IN WP(C) 23959/2019(T) OF HIGH COURT OF
KERALA
PETITIONER:
ST. JOSEPH'S HOSPITAL
DHARMAGIRI, KOTHAMANGALAM P.O, ERNAKULAM-686 691.
REPRESENTED BY ITS ADMINISTRATOR SR. ABHAYA.
BY ADVS.
SRI.BABU KARUKAPADATH
SMT.M.A.VAHEEDA BABU
SHRI.P.U.VINOD KUMAR
SMT.ARYA RAGHUNATH
SMT.VAISAKHI V.
SRI.T.M.MUHAMMED MUSTHAQ
SRI.SHELLY PAUL
SMT.SNEHA SUKUMARAN MULLAKKAL
RESPONDENT:
DR. RAJAN N. KHOBRAGADE IAS,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE, 6TH FLOOR,
ANNEX II, SECRETARIAT, THIRUVANANTHAPURAM-695 001
R1 BY GOVERNMENT PLEADER
GP SHRI SUNIL KURIAKOSE
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.12.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Con.Case(C).No.1132 OF 2020 IN WP(C). 23959/2019
2
JUDGMENT
Dated this the 2nd day of December 2020 This Contempt of Court Case is filed alleging non compliance with the directions contained in Annexure A judgment. The direction in the judgment was to consider the request made by the petitioner for grant of Essentiality Certificate for starting B.Sc Medical Laboratory Technician Course in the Institution taking note of the relevant aspects and after conducting due enquiries. The respondent was directed to pass an order within two months from the date of receipt of a copy of the judgment.
2. The learned Government Pleader has filed an affidavit along with Annexures. Annexure-I is an order dated 10.07.2020 constituting a Committee for the study of Essentiality in respect to various Allied Health Science courses under the Kerala University of Health Science and the Directorate of Medical Education. It is stated that the petitioner's application was also considered by the Committee and thereafter Annexure-III order was passed by the Government on 19.10.2020 rejecting the request made by the petitioner. The learned Con.Case(C).No.1132 OF 2020 IN WP(C). 23959/2019 3 counsel for the petitioner submits that the specific case of the petitioner- Institution has not been considered in Annexure-III.
3. After considering Annexure-III, I am of the opinion that the rejection of the request pursuant to the judgment is a matter which is liable to the challenged by the petitioner in appropriate proceedings.
In the above view of the matter, leaving open the contentions of the petitioner with regard to Annexure-III order produced by the respondents, this Contempt of Court Case is closed.
Sd/-
ANU SIVARAMAN JUDGE SVP Con.Case(C).No.1132 OF 2020 IN WP(C). 23959/2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE JUDGMENT DATED 09/01/2020 IN WPC NO. 23959 OF 2019 OF THIS HONBLE COURT ANNEXURE B A TRUE COPY OF THE REMINDER LETTER DATED 02/03/2020 SENT BY THE COUNSEL FOR THE PETITIONER TO THE RESPONDENT.