Kerala High Court
Sidharth Sreekumar vs Union Of India on 31 October, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941
WP(C).No.38089 OF 2018(I)
PETITIONER/S:
1 SIDHARTH SREEKUMAR,
AGED 21 YEARS,
S/O. SREEKUMAR, SREE BHAVAN,
PATTANKKAD.P.O., CHERTHALA.
2 SREEKUMAR,
S/O. DAMODARAN NAIR, SREE BHAVAN,
PATTANKKAD. P.O., CHERTHALA.
BY ADVS.
SRI.S.K.SAJI
SMT.R.REJI (ATTINGAL)
SRI.B.PRAMOD
RESPONDENT/S:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
156-A, MOTILAL NEHRU MARG, NEW DELHI-110 077.
2 THE MEDICAL COUNCIL OF INDIA,
POCKET-14, SECTOR-8, DWARAKA PHASE-I, NEW DELHI,
PIN- 110 077, REP. BY ITS SECRETARY.
3 STATE OF KERALA,
REP. BY THE SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
4 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
THRISSUR, PIN- 680 596.
5 S.R.MEDICAL COLLEGE AND RESEARCH INSTITUTE,
VENNICODE P.O., CHIRAYINKEEZH TALUK, CHERUNNIYOOR
PANCHAYATH, AKHATHUMURI, THIRUVANANTHAPURAM- 695 318,
REP. BY ITS PRINCIPAL.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 2
6 THE CHAIRMAN,
S.R.EDUCATIONAL AND CHARITABLE TRUST, VENNICODE
P.O., CHIRAYINKEEZH TALUK, CHERUNNIYOOR PANCHAYATH,
AKHATHUMURI, THIRUVANANTHAPURAM- 695 318.
ADDL. RADHIKA SANKAR,
R7 AGED 21 YEARS,
D/O.SANTHY.S, SANTHRA, MULLOTHU LANE,
PAZHAVEEDU P.O., ALAPPUZHA- 688 009.
ADDL. DEVI NANDANA,
R8. AGED 22 YEARS,
D/O. MEERA, NANDANAM, PATHIRAPPALLI ROAD,
POOJAPPURA, TRIVANDRUM- 695 012.
ADDL. HUDA.P.,,
R9. AGED 21 YEARS,
D/O.RUKKIYA, PARAVATH HOUSE, CHERUKULAMBA,
VATTALLOOR P.O., MALAPPURAM- 676 507.
ADDL. KEERTHA R.NATH, AGED 22 YEARS,
R10 D/O. ANITHA KUMARI, SARASA SADANAM,
PUNNAKANOOR, PERUMPUZHA P.O, KERALAPURAM- 691 504.
ADDL. MIDHUN BABU.S.,
R11. AGED 24 YEARS,
S/O.SREELATHA.L, KAVUVILAVEEDU, VELLAYANI,
OOKKODU P.O., TRIVANDRUM- 695 020.
ADDL. AISHWARYA SANTHOSH,
R12. AGED 22 YEARS,
D/O.RANJITHA SANTHOSH, SFS FAIRMOUNT IOC,
M.P.APPAN ROAD, VAZHUTHACAUD, TRIVANDRUM- 695014.
ADDL. CHARASOORYAN P.S.,
R13. AGED 21 YEARS,
S/O.SHANMUKHAN.K, PUTHUVAL, VANDANAM P.O.,
ALAPPUZHA- 688005.
ADDL. HARRISH.J.H.,
R14 AGED 22 YEARS,
S/O.H.JAYACHANDRAN, SANTHIPOORNNA,
KANNAMBA, VARKALA P.O.- 695141.
ADDL. SHABNAM S.S.,
R15 AGED 21 YEARS,
D/O.SHAREEF.M., SHOBNAM COTTEGE, PERUMALA,
VELLUMANNADE P.O., TRIVANDRUM- 695019.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 3
ADDL. ARYA ABHEDANANDAN,
R16 AGED 23 YEARS,
D/O.RAJINI ABHEDANANDAN, ANANDA VILASOM,
ELIKKATTOOR P.O., PIRAVANTHOOR- 689696.
ADDL. ATHIRA SISIL KUMAR,
R17 AGED 20 YEARS,
D/O.BEENA SKIL KUMAR, HAPPY LAND,
AYROOR P.O., VARKALA- 695310.
ADDL. VEENA.T.,
R18 AGED 21 YEARS,
D/O.JAYASREE, VISHNU BHAVAN, KOVILVILA,
GRAMOM, PARASSALA P.O.- 695502.
ADDL. AHALYA REGUNATH,
R19 AGED 23 YEARS,
D/O.ANITHA REGHUNATH, CHUNAKKARA VEEDU,
CHONANADU, VADAMON P.O., ANCHAL- 691306.
ADDL. THERES JOLLY,
R20 AGED 22 YEARS,
D/O.TESSY MATHEW, MALIYECKAL HOUSE,
VATTAPPARA P.O., TRIVANDRUM- 695028.
ADDL. JOSE JOLLY,
R21 AGED 22 YEARS,
S/O.JOLLY M.V., MALIYECKAL HOUSE,
VATTAPPARA P.O., TRIVANDRUM- 695028.
ADDL. LEKSHMI.D,
R22 AGED 22 YEARS,
D/O.KALA, THENGUVILAYIL, L.S.PO, NOORANADU,
ALAPPUZHA DISTRICT- 690504.
ADDL. RIYAS JOY, AGED 22 YEARS,
R23 S/O.JAYAKUMAR D.R., KIZHAKKEVILA VEEDU, MERA,
84, MANNANTHALA, THIRUVANANTHAPURAM- 695015.
ADDL. KAMAL.J.MANJESH,
R24 AGED 23 YEARS,
S/O.DR.MANJESHA, MANJESH BHAVAN, KALLUVATHUKKAL
P.O., KOLLAM DISTRICT- 691578.
ADDL. ASLAM ABDUL LATHEEF,
R25 AGED 22 YEARS,
S/O.ABDUL LATHEEF, KUNNEL PUTHEN VEEDU,
P.V.NORTH THAZHAVA P.O., KARUNAGAPPALLY,
KOLLAM- 690518.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 4
ADDL. ARJUN.A,
R26 AGED 22 YEARS,
S/O.MOHANDAS.M, G.G.COTTAGE, PALAMEDU STREET,
SEKHARIPURAM, PALAKKAD, PIN- 678010.
(ARE IMPLEADED AS PER ORDER DATED 04.04.2019 IN
I.A.NO.6 OF 2019).
ADDL. SWATHI KRISHNAN P.S.,
R27 AGED 22 YEARS,
D/O.DR.PADMAKUMAR S.K., 2ND YEAR MBBS STUDENT,
S.R.MEDICAL COLLEGE AND RESEARCH CENTRE,
AKATHUMURI, VARKALA- 695318.
ADDL. ARYA ANIL,
R28 AGED 22 YEARS,
D/O.ANILKUMAR, 2ND YEAR MBBS STUDENT,
S.R.MEDICAL COLLEGE AND RESEARCH CENTRE,
AKATHUMURI, VARKALA- 695318.
(ARE IMPLEADED AS PER ORDER DATED 24.04.2019 IN
I.A.NO.7 OF 2019).
ADDL. NAMITHA JAYAPRAKASH,
R29 AGED 21 YEARS, D/O.SINI JAYAPRAKASH, CHEMPANKULAM
HOUSE, AYYAPPANCOIL P.O., MARYKULAM, IDUKKI.
ADDL. DINYAMOL REGI,
R30 AGED 23 YEARS, D/O.SHANTY REGI, NJARALLIKUNNEL
HOUSE, CHELLARCOVIL P.O., ANAKKARA, IDUKKI.
ADDL. JINCYMOL S.V.,
R31 AGED 21 YEARS, D/O.VALSALA.S, KONNAKATTUVILAI,
NEDIYASALAI, ARUMANAI P.O., KANYAKUMARI DISTRICT,
TAMIL NADU.
ADDL. VINDIYA NANDAKUMAR,
R32 AGED 21 YEARS, D/O.VALSALA NANDAKUMAR,
THEVORNILATHIL HOUSE, IRIMPANAM P.O., PIN-682 309.
ADDL. ADHEENA JOY,
R33 AGED 21 YEARS, D/O.MARY LEENA K.M., THAIPPADATH
HOUSE, KOLINIKKAL ROAD, S.CHITTOOR, ERNAKULAM.
ADDL. AKSHAY PRADEEP,
R34 AGED 21 YEARS, S/O.PRADEEP.T., ARUN NIVAS,
AMBALAPPUZHA P.O., ALAPPUZHA.
ADDL. ASHITHA MOHAN M.B.,
R35 AGED 21 YEARS, D/O.S.MOHANLAL, THAZHAVILAVEEDU,
VAYYETTU, VENJARAMOOD, THIRUVANANTHAPURAM.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 5
(IMPLEADED AS PER ORDER DATED 24/5/19 IN
I.A.NO.14/19 IN WP(C)38089/18.)
ADDL. SHEERSHA SHAJAHAN,
R36 D/O.MOHAMMED SHAJAHAN, KOTTAYIL HOUSE, P.V.NORTH,
THAZHARA P.O., KARUNAGAPPALLY, KOLLAM-690 018
ADDL. ARUNDATHY T.A.,
R37 D/O.ANILKUMAR T.R., DEVIKA RANI K.T,
THAIPPARAMBIL HOUSE, KALAPPURA WARD,
ALAPPUZHA-688 007.
ADDL. NIRANJANA C.A.,
R38 D/O.N.CHITHARANJAN, T.C.14, FNRA, POONTHI ROAD,
KUMARAPURAM, MEDICAL COLLEGE P.O.,
TRIVANDRUM-685 011
ADDL. RESHMA .R,
R39 D/O.N.K.RAVEENDRAN, KAMALALAYAM (KAMALAN KAVU)
PONNAD P.O., ALAPPUZHA-688 538.
ADDL. GOVIND JAYAN,
R40 S/O.V.JAYADHARA KUMAR, PARVATHY SADANAM,
EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 019.
ADDL. TIJIN THOMAS,
R41 S/O.THOMAS B., PARAVILA HOUSE, PALLIKAL P.O.,
KOTTARAKKARA-691 566.
ADDL. SHIJIN.K.,
R42 S/O.KRISHNAN .V, SREE VIHAR, SOORYA NAGAR,
NSS ENGINEERING COLLEGE P.O., PALAKKAD-678 008
ADDL. DARSHAN.T,
R43 S/O.JAYAPRAKASH.R., DARSHANAM, POOVATHOOR EAST,
KULAKKADA P.O., KOTTARAKKARA, KOLLAM-691 506.
ADDL. BHARATH GOPAN T.G.,
R44 S/O.GOPAN PILLAI V.T, SHAINA MANZIL, HOUSE NO.156,
ADARSH NAGAR, PATTOM, PLAMOODU, TRIVANDRUM-695 004.
ADDL. AMINA SULTHAN,
R45 D/O.SULTHAN, OUDHMANSON, PLAVINMOODU, ELAMPA P.O.,
ATTINGAL, PIN-695 103.
(ARE IMPLEADED AS PER ORDER DATED 01-07-2019 IN
IA.12/2019.)
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 6
ADDL. REMA M.N.,
R46 PROFESSOR OF PHARMACOLOGY, S.R.MEDICAL COLLEGE,
VARKALA, THIRUVANANTHAPURAM - 695 318.
ADDL. SYAM M.N.,
R47 PROFESSOR OF PHARMACOLOGY, S.R.MEDICAL COLLEGE,
VARKALA, THIRUVANANTHAPURAM - 695 318.
ADDL. THOMAS JERRY,
R48 ASSISTANT PROFESSOR OF FORENSIC MEDICINE,
S.R.MEDICAL COLLEGE, VARKALA,
THIRUVANANTHAPURAM - 695 318.
ADDL. RAJAN K.E.,
R49 PROFESSOR OF RESPIRATORY MEDICINE AND PRINCIPAL,
S.R.MEDICAL COLLEGE, VARKALA,
THIRUVANANTHAPURAM - 695 318.
ADDL. SARATH BABU.K.,
R50 ASSOCIATE PROFESSOR OF PHARMACOLOGY,
S.R.MEDICAL COLLEGE, VARKALA,
THIRUVANANTHAPURAM - 695 318.
ADDL. ABHIMA M.B.,
R51 ASSISTANT PROFESSOR OF PHARMACOLOGY,
S.R.MEDICAL COLLEGE, VARKALA,
THIRUVANANTHAPURAM - 695 318.
ADDL. SOUMYA RANI.P.,
R52 ASSISTANT PROFESSOR OF MICROBIOLOGY,
S.R.MEDICAL COLLEGE, VARKALA,
THIRUVANANTHAPURAM - 695 318.
ADDL. RAJANI RAJU,
R53 ASSISTANT PROFESSOR OF PSYCHIATRY,
S.R.MEDICAL COLLEGE, VARKALA,
THIRUVANANTHAPURAM - 695 318.
ADDL. VIJAYAKUMAR.G.,
R54 ASSISTANT PROFESSOR OF MEDICINE,
S.R.MEDICAL COLLEGE, VARKALA,
THIRUVANANTHAPURAM - 695 318.
ADDL. SATHYASUDHA DEVI.,
R55 PROFESSOR, BIOCHEMISTRY, S.R.MEDICAL COLLEGE,
VARKALA, THIRUVANANTHAPURAM - 695 318.
ADDL. SAJID B.,
R57 SENIOR RESIDENT, ANESTHESIOLOGY, S.R.MEDICAL
COLLEGE, VARKALA, THIRUVANANTHAPURAM - 695 318.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 7
ADDL. SUJAYA KARUNAKARAN,
R58 ASSOCIATE PROFESSOR OF ANESTHESIOLOGY, S.R.MEDICAL
COLLEGE, VARKALA, THIRUVANANTHAPURAM - 695 318.
ADDL. SUBIN KRISHNAN,
R59 ASSISTANT PROFESSOR OF ANESTHESIOLOGY, S.R.MEDICAL
COLLEGE, VARKALA, THIRUVANANTHAPURAM - 695 318.
ADDL. GEETHAKUMARI.P.,
R60 PROFESSOR OF ANESTHESIOLOGY, S.R.MEDICAL COLLEGE,
VARKALA, THIRUVANANTHAPURAM - 695 318.
ADDL. MOHAN J.,
R61 PROFESSOR OF OTOLARYNGOLOGY, S.R.MEDICAL COLLEGE,
VARKALA, THIRUVANANTHAPURAM - 695 318.
ADDL. CERIN A.A.,
R62 ASSISTANT PROFESSOR PATHOLOGY, S.R.MEDICAL COLLEGE,
VARKALA, THIRUVANANTHAPURAM - 695 318.
ADDL. SURESH D.,
R63 ASSISTANT PROFESSOR OF MEDICINE, S.R.MEDICAL
COLLEGE, VARKALA, THIRUVANANTHAPURAM - 695 318.
ADDL.R46 TO 63 IMPLEADED AS PER ORDER DATED 24-07-
2019 IN I.A.17/19 IN WPC.
ADDL. DR. AMRUTH PRASAD J.P.,
R64. AGED 32 YEARS, S/O. G. JAYAPRASAD (L),
RESIDING AT SIVAKRIPA, THOTTAKKODU, KARAVARAM P.O.,
ATTINGAL, THIRUVANANTHAPURAM.
(ADDITIONAL R64 IS IMPLEADED AS PER ORDER DATED
31/10/2019 IN IA 18/19 IN WPC)
ADDL. NIDHI JOE WILSON,
R65. AGED 20 YEARS, D/O. A. WILSON, RESIDING AT SKYLARK,
IRUMURAM, KARIPOOR P.O., NEDUMANGAD,
THIRUVANANTHAPURAM-695 541.
ADDL. NAYANA A SAJEEV,
R66. AGED 23, D/O. SAJEEVAKUMAR N., AVITTOM, KATTAKADA
P.O., THIRUVANANTHAPURAM-695 572.
ADDL. AKSHARA ANIL,
R67. AGED 22, D/O. ANILKUMAR P.C., PANAMTHOCHIL,
CHAVARA P.O., KOLLAM-691583.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 8
ADDL. JIJIN K.S.,
R68. AGED 23, S/O. KUMAR S.S., 30/20 THEERTHAM,
T.B. JUNCTION, ATTINGAL P.O.,
THIRUVANANTHAPURAM-695101.
ADDL. JOHN MATHEW,
R69. AGED 22, S/O. RESIL JOY, KANNIYATTUKUNNEL HOUSE,
VADAVATHOOR P.O., KOTTAYAM-686610.
ADDL. ABY SURESH,
R70. AGED 22, S/O. SURESH KUMAR G.K., BUTTERFLIES,
THAVARAVILA, CHAIKOTTUKONAM P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM-695 122.
ADDL. PARVATHY AJAYAN,
R71. AGED 22, D/O. S. AJAYAKUMAR, NAGIN, KGRA-76,
KALLUMOODU GARDENS, ANAYARA P.O.,
THIRUVANANTHAPURAM-695 029.
ADDL. BENSON THOMAS,
R72. AGED 22, S/O. MARY THOMAS, POTHUMURAYIL HOUSE,
PATTUMANOOR, PUTHENCRUZ P.O., ERNAKULAM-682 308.
ADDL. S.S. ADARSH,
R73. AGED 21, S/O. DR. B.V. SUJITHKUMAR, TC 9/1137,
VRINDAVANAM, PANICKERS LANE, SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM-695 010.
ADDL. ANGEL JOSE,
R74. AGED 24, D/O. JOSE G.L., JOSE PRAKASH HOUSE,
LOURDEPURAM, KANJIRAMKULAM P.O.,
THIRUVANANTHAPURAM-695 524.
ADDL. PRAJUDEV P.A.,
R75. AGED 22, S/O. PRASANNAN S., PRASITHA,
ARUVIPPURAM P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM-695 126.
ADDL. ABY S. MORRISON,
R76. AGED 23, S/O. MARY JACQUALIN, RUDOLPH NIVAS,
CHERUNNIYOOR P.O., VARKALA-695 142.
(ADDITIONAL R65 TO R76 ARE IMPLEADED AS PER ORDER
DATED 27/10/2019 IN IA 22/19.
BY ADVS.
R1 BY ADV. S.VAIDYANATHAN
R2 BY SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF
INDIA
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 9
R3 - SRI. K.V. SOHAN, STATE ATTORNEY
R4 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE
R5-6 BY ADV. SRI.P.M.SANEER
R5-6 BY ADV. SRI.TONY GEORGE KANNANTHANAM
R7 TO R26 & R29 TO R45 BY ADV. P.SHANES METHAR
R27 & R28 - SRI.C.UNNIKRISHNAN (KOLLAM)
SRI.A.ABDUL RAHMAN (A-1917)
R46 TO R63 - SRI.P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
R64 - SRI. GEORGE SEBASTIAN
R65 TO R76 - SRI. M. DINESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.10.2019, ALONG WITH WP(C).15610/2019(A), WP(C).20649/2019(E),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941
WP(C).No.15610 OF 2019(A)
PETITIONER/S:
1 SANGEETHA N.SATHEESH,
AGED 23 YEARS,
SAJUSH NIVAS, KOLLAMKONAM, VILAPPILSALA P.O.,
THIRUVANANTHAPURAM - 695 573.
2 ANCY ELIZABETH PHILIP,
KADAVOOR HOUSE, THAZHATHANGADY P.O.,
KOTTAYAM, KERALA - 686 005.
3 AISWARYA S.S.,
CHOTHI, T.C.64/2075, NEAR BNV HSS,
THIRUVALLAM P.O., THIRUVANANTHAPURAM - 695 027.
4 ATHIRA PRASANNAKUMAR,
UTHRAM, CKRA 155, KARIYAM, SREEKARIYAM P.O.,
THIRUVANANTHAPURAM - 695 017.
5 GOPIKA K.,
KALATHUNGAL HOUSE, VADAKKUMPURAM P.O.,
N.PARAVUR, ERNAKULAM - 683 521.
6 SHEHAN SUNIL JINNA,
ARCHANA, KRISHNAPURAM P.O., KAYAMKULAM - 690 533.
7 AJAYDAS P.G.,
PUTHUKATTUPARAMBIL HOUSE, PANDIKAVU, CHEROOR P.O.,
THRISSUR - 680 008.
8 DEEPAK V.S.,
VILAYIL HOUSE, KALAKKADU, PARAVUR,
KOLLAM - 691 302.
9 G.HARISHANKAR,
MANIMURALI, KOLLAKONAM,
PAYATTUVILA - 695 501.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 11
10 VISHNU S.,
KAMPALADY, PORUVAZHY P.O.,
KOLLAM - 690 520.
11 AFITHA E.A.,
ENGIKKALAYIL HOUSE, CHIRAKKAL, KATTAKAMPAL POST,
THRISSUR - 680 544.
12 ABHIRAMI,
AVANIKOODU, PUZHATHI P.O., CHIRAKKAL, KANNUR - 11.
13 NIGHIL R.NANDANAM,
PERUNGALA P.O., KAYAMKULAM, PIN - 690 559.
14 LAKSHMI GOPINATH,
MALAMPARA HOUSE, KAITHAKODI HOUSE,
AYROOR, PATHANAMTHITTA.
15 NAZIYA BEEVI M.R.,
RASHEEDA MANZIL, NEAR TOWN JUMA MOSQUE,
KOTTAKKADA (P.O.), THIRUVANANTHAPURAM - 695 572.
16 SWATHI S.P.,
SHIVEL, S.N.JUNCTION, PERINGAMMALA,
KALLIYOOR P.O., THIRUVANANTHAPURAM - 695 042.
17 ARYA V.M.,
V.V.NANA (SOUTH), NIDUVAPPURAM, KARIVELLUR P.O.,
KANNUR DISTRICT - 670 521.
18 KADEEJATHU NOORBINA,
KALAM VILLA, AYITTY, TRIKARIPUR (P.O.),
KASARGOD P.O. - 671 310.
19 HASNA,
APPAMKANDATHIL HOUSE, CHERUKODE P.O.,
VALLAPUUZHA, PALAKKAD - 679 336.
20 MALAVIKA V.NAIR,
PUTHENVEEDU, CHAVARA P.O., KOLLAM - 691 583.
21 AYANA EDWIN I.,
CHURCH VIEW, AMBALATHINKARA, KAZHAKUTTAM P.O.,
THIRUVANANTHAPURAM - 695 582.
22 A.V.JAYALAKSHMI,
USHUS, VAZHAVILAKOM, BALARAMAPURAM P.O.,
THIRUVANANTHAPURAM - 695 501.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 12
23 JOHN NELSON,
KINATHINKARA KIZHAKKETHIL, JO BHAVAN,
PUTHOOR P.O., KOLLAM - 691 507.
24 RESHMA G.S.,
VRINDAVANUM, UMMANNOOR (P.O.),
KOTTARAKKARA, KOLLAM - 691 520.
BY ADVS.
SRI.N.SATHEESH
SRI.K.JANARDHANA SHENOY
RESPONDENT/S:
1 UNION OF INDIA,
REPRESENTED BY THE HEALTH SECRETARY, MINISTRY OF
HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA,
NEAR UDYOG BHAWAN METRO STATION, MAULANA AZAD ROAD,
NEW DELHI, DELHI - 110 011.
2 GOVERNMENT OF KERALA,
REPRESENTED BY HEALTH SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM.
3 MEDICAL COUNCIL OF INDIA,
MEDICAL COUNCIL OF INDIA IN DWARKA SECTOR 8,
DELHI - 110 077.
4 THE KERALA UNIVERSITY OF HEALTH AND SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
THRISSUR, KERALA - 680 596.
5 S.R.EDUCATIONAL AND CHARITABLE TRUST,
DIVYA PRABHA, MARAPPALAM, PATTAM,
THIRUVANANTHAPURAM - 695 004,
REPRESENTED BY THE CHAIRMAN.
6 S.R.MEDIAL COLLAGE & RESEARCH CENTRE,
AKATHUMURI, VENNICODE, VARKALA,
THIRUVANANTHAPURAM - 695 011, REPRESENTED BY ITS
PRINCIPAL.
7 THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
5TH FLOOR, KSHB BUILDING, SHANTI NAGAR,
THIRUVANANTHAPURAM, KERALA - 695 001.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 13
ADDL. DRISHYA DILIP.B
R8 AGED 21 YEARS,
D/O.DILIP.C.D., TC NO.31/944, PRRAP 75,
PUTHEN ROAD, PALKULANGARA P.O, PETTAH,
THIRUVANANTHAPURAM-695 024.
ADDL. A.R.ARYA,
R9 AGED 21 YEARS,
D/O.P.J.AJAYAKUMAR, RAGHAVA BHAVAN,
PUTHENCHANDA P.O., VARKALA,
THRIRUVANANTHAPURAM 695 141.
ADDL. HRIDYA DOMINIC,
R10 AGED 21 YEARS,
D/O. DOMINIC P., SMRITHY, MOONNAMOODU,
VATTIYOORKAV.P.O, THIRUVANANTHAPURAM-695 013
ADDL. S.H ANN ATHEENA,
R11 AGED 21 YEARS,
D/O. HUBERT JOE, BETHZAK, TC NO.20/1644 (1),
SASTHRI NAGAR WEST-15 KARAMANA,
THIRUVANANTHAPURAM 695 002.
(ADDL R8 TO R11 IMPLEADED AS PER ORDER DATED 24-10-
2019 IN IA 1/2019 IN WP(C).)
BY ADVS.
R1 - SRI. P.VIJAYAKUMAR, ASG OF INDIA
R2 & R7 - SRI. K.V. SOHAN, STATE ATTORNEY
R3 BY SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF
INDIA
R4 - SRI. P. SREEKUMAR, STANDING COUNSEL
ADDL.R8 TO R11 - SRI. T.B.HOOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31.10.2019, ALONG WITH WP(C).38089/2018(I), WP(C).20649/2019(E),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941
WP(C).No.20649 OF 2019(E)
PETITIONER/S:
1 SWATHI KRISHNAN P.S.,
AGED 22 YEARS,
2ND YEAR MBBS STUDENT (2016 1ST ADDITIONAL BATCH),
S R MEDICAL COLLEGE & RESEARCH CENTRE,
AKATHUMURI, VARKALA - 695318.
2 ATHIRA SISIL KUMAR,
3RD YEAR MBBS (2016 REGULAR BATCH), S R MEDICAL
COLLEGE & RESEARCH CENTRE, AKATHUMURI,
VARKALA - 695318.
3 KAMAL J MANJESH,
AGED 22 YEARS,
3RD YEAR MBBS (2016 REGULAR BATCH), S R MEDICAL
COLLEGE & RESEARCH CENTRE, AKATHUMURI,
VARKALA - 695318.
4 SHABNAM S.S.,
AGED 22 YEARS,
2ND YEAR MBBS (2016 1ST ADDITIONAL BATCH),
S R MEDICAL COLLEGE & RESEARCH CENTRE,
AKATHUMURI, VARKALA - 695318.
5 TIJIN THOMAS,
2ND YEAR MBBS (2016 1ST ADDITIONAL BATCH), S R
MEDICAL COLLEGE & RESEARCH CENTRE, AKATHUMURI,
VARKALA - 695318.
6 RIYAS JOY,
AGED 23 YEARS,
2ND YEAR MBBS STUDENT (2016 3RD ADDITIONAL BATCH),
S R MEDICAL COLLEGE & RESEARCH CENTRE, AKATHUMURI,
VARKALA - 695318.
7 AISWARYA SANTHOSH,
3RD YEAR MBBS (2016 REGULAR BATCH), S R MEDICAL
COLLEGE & RESEARCH CENTRE, AKATHUMURI,
VARKALA - 695318.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 15
8 MIDHUN BABU S.,
AGED 25 YEARS,
S/O. SREELATHA, 2ND YEAR MBBS STUDENT (2016 1ST
ADDITIONAL BATCH), S R MEDICAL COLLEGE & RESEARCH
CENTRE, AKATHUMURI, VARKALA - 695318.
9 CHARUSOORYAN P.S.,
AGED 22 YEARS,
S/O. SHANMUKHAN, 2ND YEAR MBBS STUDENT (2016 1ST
ADDITIONAL BATCH), S R MEDICAL COLLEGE & RESEARCH
CENTRE, AKATHUMURI, VARKALA - 695318.
10 RADHIKA SANKAR,
AGED 22 YEARS,
D/O. RAVISANKAR C.R., 2ND YEAR MBBS STUDENT (2016
1ST ADDITIONAL BATCH), S R MEDICAL COLLEGE &
RESEARCH CENTRE, AKATHUMURI, VARKALA - 695318.
11 ARYA ABHEDANANDAN,
AGED 23 YEARS,
D/O. ABHEDANANDAN K.P., 2ND YEAR MBBS STUDENT (2016
1ST ADDITIONAL BATCH), S R MEDICAL COLLEGE &
RESEARCH CENTRE, AKATHUMURI, VARKALA - 695318.
12 ARYA ANIL,
AGED 22 YEARS,
2ND YEAR MBBS STUDENT (2016 1ST ADDITIONAL BATCH),
S R MEDICAL COLLEGE & RESEARCH CENTRE, AKATHUMURI,
VARKALA - 695318.
BY ADVS.
SRI.C.UNNIKRISHNAN (KOLLAM)
SRI.JOHNSON GOMEZ
SRI.SANJAY JOHNSON
SMT.UTHARA A.S
SHRI. ABDUL JABBARUDEEN.M
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH
& FAMILY WELFARE DEPARTMENT, 156-A, MOTILAL NEHRU
MARG, NEW DELHI -110 077.
2 THE MEDICAL COUNCIL OF INDIA
POCKET -14, SECTOR - 8, DWARAKA PHASE - 1,
NEW DELHI, PIN - 110077, REP. BY ITS SECRETARY.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 16
3 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE P.O., THRISSUR, PIN - 680 596.
5 S. R. MEDICAL COLLEGE & RESEARCH INSTITUTE,
VENNICODE P.O., CHIRAYINKEEZH TALUK,
CHERUNNIYOOR PANCHAYATH, AKHATHUMURI,
THIRUVANANTHAPURAM - 695318, REP. BY ITS PRINCIPAL.
6 THE CHAIRMAN,
S.R. EDUCATIONAL AND CHARITABLE TRUST,
VENNICODE P.O., CHIRAYINKEEZH TALUK,
CHERUNNIYOOR PANCHAYATH, AKHATHUMURI,
THIRUVANANTHAPURAM - 695318.
7 THE BANK MANAGER,
UNION BANK OF INDIA, PATTOM BRANCH,
THIRUVANANTHAPURAM - 695003.
8 THE BANK MANAGER,
CORPORATION BANK, VARKALA BRANCH,
TRIVANDRUM - 695141
9 THE BANK MANAGER,
FEDERAL BANK, KALLUVATHUKKAL BRANCH,
KOLLAM - 691578
10 THE BANK MANAGER,
FEDERAL BANK, VENJARAMMOOD BRANCH,
THIRUVANANTHAPURAM - 695607.
11 THE BANK MANAGER,
FEDERAL BANK, KOTTARAKKARA BRANCH, KOLLAM - 691506
12 THE BANK MANAGER,
KERALA GRAMIN BANK, MUKKOLAKKAL BRANCH,
TRIVANDRUM - 695044
13 STATE BANK OF INDIA
RACPC, NANTHANCODE BRANCH, TRIVANDRUM - 695033.
ADDL. AMAL GOVINDH.K.G., AGED 22 YEARS,
R14 SON OF GOVINDAN K.C., KARIYATHANKUZHIYIL HOUSE,
EDIVANNA P.O., PERUVAMPADAM, NILAMBUR,
MALAPPURAM DISTRICT, PIN CODE-639 729.
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 17
ADDL. MIDHILA C.M., AGED 23 YEARS,
R15 DAUGHTER OF CHANDRABABU V.,
ROHINI, PUTHENVILA, KARINGANNOOR P.O.,
KOLLAM - 691 516.
ADDL. LEEMA LORDON, AGED 23 YEARS,
R16 DAUGHTER OF LORDEN, LEEMA COTTAGE,
VARUVILAKOM, PUTHIYATHURA, PULLUVILA P.O.,
THIRUVANANTHAPURAM - 695 526.
ADDL. JANCY J., AGED 22 YEARS,
R17 DAUGHTER OF JOHNSON C., J.J. HOUSE,
ARINALLOOR P.O., ARINALLOOR, KOLLAM-690 538.
ADDL. ANANYA THOMAS, AGED 22 YEARS,
R18 DAUGHTER OF P.V. THOMAS, 33 PUNNASHERRY,
SANADANAPURAM P.O., ALAPPUZHA - 688 003.
ADDL. M. PARVATHY NAIR, AGED 22 YEARS,
R19 DAUGHTER OF J.R. PRADEEP, PADMANABHA,
TENDER COMMITTEE 86/189(5),
VADAKKE VILAKAM ROAD, NEAR CHACKAI ITI,
PETTAH P.O., THIRUVANANTHAPURAM - 695 024.
ADDL. CHAITHANYA D.A., AGED 22 YEARS,
R20 DAUGHTER OF ANIL KUMAR V., NATH, N.H. ROAD,
KAZHAKUTTOM, THIRUVANANTHAPURAM - 695 582.
(ADDL.R14 TO R20 ARE IMPLEADED AS PER ORDER DATED
31.10.2019 IN I.A.NO.1/2019).
BY ADVS.
R1 - SRI. P.VIJAYAKUMAR, ASG OF INDIA
R2 - SRI. TITUS MANI VETTOM, SC
R3 - SRI. K.V. SOHAN, STATE ATTORNEY
R4 - SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE
R8 - SRI.K.M.ANEESH
SRI.K.SANTHOSH KUMAR (KALIYANAM)
SRI.ADARSH KUMAR
SRI.DILEEP CHANDRAN
SRI.SHASHANK DEVAN
ADDL.R14 TO R20 - SRI. MANU RAMACHANDRAN
SMT.MARIA ELIZABETH WILSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31.10.2019, ALONG WITH WP(C).38089/2018(I), WP(C).15610/2019(A),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.38089/18, 15610/19 &
20649/19 18
JUDGMENT
The captioned writ petitions are in relation to the alleged manner in which S.R. Medical College and Research Institute, Thiruvananthapuram is conducted, filed by the students of the college and, therefore, I heard them together and propose to deliver this common judgment. Facts and documents available from W.P.(C) No.38089 of 2018 are relied upon for the disposal of the writ petitions.
2. The 1st petitioner is a second year student of MBBS course in the 5th respondent Medical College run by a Trust, of which, 6th respondent is the Chairman. The 2nd petitioner is the father of the 1st petitioner, who is the President of the Parents Teachers Association (PTA) of the said college. The first batch of students for the MBBS course in the said college commenced during the academic year 2016-2017. According to the petitioners, in terms of the Medical Council of India (Establishment of Medical College) Regulations, 1999, an essentiality certificate issued by the State Government is a pre-requisite for the establishment of a Medical College. On the request of the 6th respondent, the State Government have issued W.P.(C)Nos.38089/18, 15610/19 & 20649/19 19 Ext.P4 essentiality certificate for establishing the college also.
3. However, the 1st respondent competent authority as per Medical Council of India Act, did not give permission to establish the college, on the basis of the negative report of the inspection conducted in the college. Anyhow, the 6th respondent approached Justice Lodha Committee, a Committee appointed by the apex court to oversee the functioning of the Medical Council of India, and by virtue of the favourable order passed by the said Committee, the 6 th respondent established the college and admitted 100 students for the course in the academic year 2016-17. But the grant of permission by the Committee was subject to the condition that the S.R. Medical College shall comply with the norms prescribed by the Medical Council of India, in addition to submitting an affidavit affirming fulfilment of all the deficiencies pointed out in the report of the MCI as well as furnishing a bank guarantee to the tune of Rs.2 Crores in favour of MCI. It was also made clear by the Lodha Committee that default in compliance with the said conditions would result in the college being debarred from fresh intake W.P.(C)Nos.38089/18, 15610/19 & 20649/19 20 of students for two years commencing from 2017-2018.
4. According to the petitioners, in utter disregard to the directions contained in Ext.P5 order of the Committee as well as the Letter of Permission, did not care to make up the deficiencies or comply with the norms prescribed by the MCI. Thereupon, the MCI invoked the bank guarantee and the 5th respondent was denied permission to admit students for the academic year 2016-2017. It is also the case of the petitioners that, the same situation prevailed in the academic year 2018-2019, and therefore, the Medical College was not allowed to have intake of students in that year also. Thereupon, the Chairman of the College approached this Court by filing W.P.(C) No.19386 of 2018, which was allowed by this court, granting permission to the College to go ahead with the admission. The Medical Council of India challenged the said judgment before the apex court and the apex court as per Ext.P6 judgment, reversed the judgment of this Court. Such a situation has resulted the medical college becoming non-functional. It is the further case of the petitioners that infrastructure in the College as well as the hospital are deficient and the faculty as well W.P.(C)Nos.38089/18, 15610/19 & 20649/19 21 as other staff in the college and hospital are quitting the establishment one after the other. Other contentions are also raised by the petitioners with respect to the poor academic standards and facilities to the students in the college as well as in the hostel.
5. Even though the 2nd petitioner along with the father of another student have submitted Ext.P10 representation to various authorities including the 3rd respondent, seeking redressal of their grievances, either by taking over the college or by shifting students to some other college, no action was initiated. These are the background facts projected by the petitioners to secure the following reliefs:
"(i) Issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent either to take over the amendment of the 5th respondent or to shift the 1st petitioner to some other medical college;
(ii) Issue a writ of mandamus or any other appropriate writ or order directing the respondents 5 and 6 to return the fees collected from the 1st petitioner and pay him compensation to the tune of Rs.50 lakhs; and
(iii)Issue such other order as this Hon'ble court deems fit and necessary in the facts and circumstances of the case."
6. On 24.04.2019, an interim order was passed by this Court in the writ petition, directing the W.P.(C)Nos.38089/18, 15610/19 & 20649/19 22 Government of India to convene a meeting with the State Government, the Medical Council of India, Kerala University of Health Sciences, the College as well as the learned counsel appearing for the students in these cases, and a decision shall be taken with respect to the further proceedings so as to enable the students to continue their study in the course, for which they have been admitted in the year 2016-17, within a period of one month and to report the matter before this Court on 03.06.2019.
7. Later, on 08.08.2019, yet another order was passed by this Court directing the Central Government to see that the inspection is conducted at the earliest, and as expeditiously as possible, as already three months are over since the decision was taken. In the meanwhile, examinations were conducted, and thereupon, an interim order was passed by this Court in I.A.No.16 of 2019, holding that the validity of the examination going to be conducted with respect to the students in the college would be subject to the decision to be taken on the complaint, after conducting an enquiry. According to the students who have appeared for the examinations, the results are not W.P.(C)Nos.38089/18, 15610/19 & 20649/19 23 published and a direction may also be issued to publish the results.
8. The other two writ petitions are also filed by the students who are pursuing their studies in the college in various semesters, basically putting forth the very same contentions that are raised by the petitioners in W.P.(C) No.38089 of 2018. Anyhow, an inspection was conducted by the Medical Council of India and a report is drawn on 30.10.2019, which is to be taken into account by the Government of India for consideration in order to continue with the recognition/Letter of Permission granted by the respective statutory authorities. Various interim orders are also passed in the other two writ petitions, which are also made subject to the result of the writ petitions.
9. I have heard learned counsel for the petitioners, learned Senior Counsel appearing for some of the respondents, and also the respective counsel appearing for the Government of India as well as the Medical Council of India, and also the learned Senior Government Pleader, and perused the pleadings and the documents on record.
W.P.(C)Nos.38089/18, 15610/19 & 20649/19 24
10. Learned counsel on either side submitted that, situation would suffice, if a direction is issued to the Central Government to finalize the proceedings based on the report drawn by the Medical Council of India dated 30.10.2019, at the earliest, and within a time period to be fixed by this Court, after providing opportunity of hearing to all concerned, and so I am not traversing through the counter affidavits /statements/reply filed by the respondents and the petitioners. Therefore, there will be a direction to the Medical Council of India to forward the report to the 1st respondent forthwith, bearing in mind the directions contained hereinafter.
11. In that view of the matter, there will be a direction to the representative of the State, S.R. Medical College, Thiruvananthapuram, Kerala University of Health Sciences and the respective counsel appearing for the students on either side to be present before the 1st respondent on 15.11.2019 in order to proceed with further action on the basis of the report dated 30.10.2019. Learned counsel on either side have also agreed that no further notice is required for the purpose. All the parties will be at liberty to submit W.P.(C)Nos.38089/18, 15610/19 & 20649/19 25 any written objection/representations on the basis of the report drawn by the MCI specified above, and a decision shall be taken by the Government of India in accordance with law, at the earliest, and at any rate, within two weeks thereafter.
12. In the meanwhile, there will be a direction to publish the results of the students who have participated in the examinations on account of the order passed by this court in I.A.No.16 of 2019 in W.P. (C) No.38089 of 2018 dated 24.07.2019, which will be subject to the result of the decision taken by the Central Government as per the directions contained above. It is made clear that the students as well as the respective stake-holders will be guided by the orders passed by the Government of India as directed above. Any other orders passed in the interlocutory applications and the consequential developments and actions would also depend upon the decision so taken.
The writ petitions are disposed of accordingly. W.P.(C)Nos.38089/18, 15610/19 & 20649/19 26 In view of the directions contained above, all the pending interlocutory applications will stand closed.
Sd/-
SHAJI P.CHALY JUDGE W.P.(C)Nos.38089/18, 15610/19 & 20649/19 27 APPENDIX OF WP(C) 38089/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LIST OF STUDENTS ADMITTED IN THE 5TH RESPONDENT COLLEGE WITH ACADEMIC YEAR 2016-2017.
EXHIBIT P2 TRUE COPY OF THE CANDIDATES DATA SHEET ISSUED TO THE 1ST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE STATEMENT OF ACCOUNT OF THE EDUCATIONAL LOAN AVAILED OF BY THE 1ST PETITIONER.
EXHIBIT P4 TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS OF THE OVERSIGHT COMMITTEE.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THE SUPREME COURT IN CIVIL APPEAL NO.10372/2018.
EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 11.09.2018 SUBMITTED BY THE 2ND PETITIONER UNDER THE RTI ACT.
EXHIBIT P8 TRUE COPY OF THE REPLY DATED 08.10.2018 GIVEN UNDER THE RTI ACT.
EXHIBIT P9 TRUE COPY OF THE LIST OF MEDICAL COLLEGES IN KERALA AFFILIATED TO THE 4TH RESPONDENT UNIVERSITY AND THE PERCENTAGE OF PASS OF EACH COLLEGE.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER AND ANOTHER.
EXHIBIT P11 TRUE COPY OF THE RECEIPT FOR RS.2,40,000/-
LAKHS ISSUED TO THE 1ST PETITIONER.
EXHIBIT P12 TRUE COPY OF THE CERTIFICATE DATED 18.07.2018 FOR RS.2,50,000/- LAKHS. EXHIBIT P13 TRUE COPY OF THE RECEIPT FOR RS.76,100/-
DATED 20.09.2016 ISSUED TO THE PETITIONER. EXHIBIT P14 TRUE COPY OF THE PRINT OUT OF THE WEB PAGES OF THE WEBSITE.
W.P.(C)Nos.38089/18, 15610/19 & 20649/19 28 EXHIBIT P15 PHOTOGRAPHS OF THE PREMISES OF THE 5TH RESPONDENT MEDICAL COLLEGE.
EXHIBIT P16 A TRUE COPY OF THE NOTICE DATED 22.02.2019 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE RELEVANT PAGES OF THE SYLLABUS AND TIME TABLE.
EXHIBIT P25 A TRUE COPY OF THE NOTICE DATED 05.02.2019 ISSUED BY THE RESPONDENT.
EXHIBIT P26 A TRUE COPY OF THE ADVOCATE COMMISSION REPORT.
EXHIBIT P27 A TRUE COPY OF THE NOTICE DATED 11.04.2019 ISSUED BY THE PRINCIPAL OF THE 5TH RESPONDENT MEDICAL COLLEGE.
EXHIBIT P28 A TRUE COPY OF THE DETAILS OF CLASSES FROM 05.04.2019 TO 12.04.2019 FOR THE ADDITIONAL BATCH OF STUDENT.
EXHIBIT P29 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 29-05-2019.
EXHIBIT P30 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 4TH RESPONDENT UNIVERSITY.
EXHIBIT P31 TRUE COPY OF THE REPRESENTATION DATED 24-06-2019 SUBMITTED BY THE STUDENTS OF THE 5TH RESPONDENT COLLEGE.
EXHIBIT P32 TRUE COPY OF THE POSTAL RECEIPT. EXHIBIT P33 TRUE COPY OF THE INTERIM ORDER DATED 19-02-2019 IN WP(C) NO.24878/2018.
RESPONDENT'S/S EXHIBITS/ANNEXURES:
ANNEXURE R2(A) TRUE COPY OF THE REPORT SUBMITTED BY THE TEAM OF ASSESSORS ALONG WITH REQUEST SUBMITTED BY THE COLLEGE TO DISCONTINUE INSPECTION.
ANNEXURE R2(B) TRUE COPY OF THE LETTER FROM STUDENTS OF S R MEDICAL COLLEGE & RESEARCH CENTRE.
ANNEXURE R2(A) TRUE COPY OF LETTER DATED 09.06.2019. W.P.(C)Nos.38089/18, 15610/19 & 20649/19 29 EXHIBIT-R5(A) TRUE COPY OF PERMISSION NO. LOP-U-
12011/13/2016-ME-1 DATED 20/08/2016 ISSUED TO THE COLLEGE.
EXHIBIT-R5(B) TRUE COPY OF THE MARK LIST ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCE.
EXHIBIT-R5(C) TRUE COPY OF THE MARK SHEET ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCE DATED 06/05/2019.
EXHIBIT-R5(D) TRUE COPY OF THE COMPLIANCE REPORT DATED 05/03/2019 SUBMITTED BY THE COLLEGE, BEFORE THE MCI.
EXHIBIT-R5(E) TRUE COPY OF THE RELEVANT PORTION/PAGE OF THE INSPECTION REPORT DATED 09/04/2019.
EXHIBIT-R5(F) TRUE COPY OF THE RELEVANT PORTION OF THE COMPLIANCE REPORT.
EXHIBIT-R5(G) TRUE COPY OF THE JUDGMENT DATED 01/02/2018 IN W.P(C) 3541/2018 BY THIS HONOURABLE COURT.
EXHIBIT-R5(H) TRUE COPY OF THE COMMUNICATION SENT BY THE COLLEGE TO THE KERALA UNIVERSITY OF HEALTH AND SCIENCES DATED 22/01/2019.
EXHIBIT-R5(I) TRUE COPY OF THE REPORT OF THE TEAM OF INSPECTORS DATED 04/07/2019 TO THE BOARD OF GOVERNORS, MCI, NEW DELHI.
EXHIBIT-R5(J) TRUE COPY OF THE COMMUNICATION DATED 04/07/2019 GIVEN TO THE BOARD OF GOVERNORS.
EXHIBIT-R5(K) TRUE COPY OF THE REPRESENTATION GIVEN BY THE STUDENTS TO THE INSPECTORS DATED 04/07/2019.
EXHIBIT-R5(L) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE COLLEGE BEFORE THE BOARD OF GOVERNORS.
EXHIBIT R8(A) TRUE COPY OF THE NOTICE DATED 05.08.2019 ISSUED BY THE PRINCIPAL OF THE 5TH RESPONDENT MEDICAL COLLEGE.
EXHIBIT R8(B) TRUE COPY OF THE REPRESENTATION DATED 02.08.2019.
W.P.(C)Nos.38089/18, 15610/19 & 20649/19 30 APPENDIX OF WP(C) 15610/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE IDENTITY CARD OF THE 1ST PETITIONER, ISSUED BY THE REGISTRAR OF THE 4TH RESPONDENT UNIVERSITY.
EXHIBIT P2 A TRUE COPY OF THE ALLOTMENT MEMO DATED 18/09/2016 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES (PAGE NO.39 AND 40) OF THE SUMMARY ASSESSMENT REPORT OF THE 3RD RESPONDENT MCI CONDUCTED ON 6/11/2017 AND 7/11/2017.
EXHIBIT P4 A TRUE COPY OF THE PUBLIC NOTICE NO.12298/AC1/MED/B1/KUHS/2017 DATED 20/6/2018 OF 4TH RESPONDENT UNIVERSITY.
EXHIBIT P5 A TRUE COPY OF THE RELEVANT PAGE OF THE ESTABLISHMENT OF MEDICAL COLLAGE REGULATIONS 1999.
EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES OF THE MINIMUM STANDARD REQUIREMENTS FOR A MEDICAL COLLAGE FOR 100 ADMISSIONS ANNUALLY REGULATIONS 1999.
EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION SENT BY THE BOARD OF GOVERNORS DATED 05/02/2019 BEARING NO.MCI-34(41)(R-64)/2018- MED/170327-328.
EXHIBIT P8 THE RECEIPTS SHOWING THE PAYMENT OF FEE IN ADVANCE AT THE RATE OF 11,00,000/- BY THE 20TH PETITIONER.
EXHIBIT P9 THE TRUE COPY OF THE ESSENTIALITY CERTIFICATE DATED 07/07/2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P10 THE TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(RT) NO.2546/2016/H&FWD DATED 19/9/2016.
EXHIBIT P11 THE NOTIFICATION DATED 21-10-2019 FOR THE 2ND SESSIONAL THEORY EXAMINATIONS.
RESPONDENTS' EXHIBITS: NIL W.P.(C)Nos.38089/18, 15610/19 & 20649/19 31 APPENDIX OF WP(C) 20649/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LIST OF 100 STUDENTS ADMITTED IN THE SAID COLLEGE IN THE ACADEMIC YEAR 2016-17.
EXHIBIT P2 TRUE COPY OF THE ESSENTIALITY CERTIFICATE DATED 07.07.2016 ISSUED BY THE GOVERNMENT OF KERALA.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS OF THE JUSTICE LODHA COMMITTEE CONTAINING THE ORDER GRANTING PERMISSION TO THE 6TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE DOWNLOADED COPY OF THE JUDGMENT DATED 29.10.2018 IN CIVIL APPEAL NO.10372/2018 OF THE HON'BLE SUPREME COURT.
EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY ONE MR.SREEKUMAR UNDER THE RTI ACT.
EXHIBIT P6 TRUE COPY OF THE REPLY UNDER THE RTI ACT ISSUED BY THE SECRETARY OF THE SAID PANCHAYATH SHOWING THE SAD STATE OF AFFAIRS.
EXHIBIT P7 TRUE COPY OF THE CHART SHOWING THE PERCENTAGE OF PASS OF DIFFERENT COLLEGES.
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 24.04.2019 IN WPC 38089/2018 OF THIS HON'BLE COURT.
EXHIBIT P9 TRUE COPY OF THE MINUTES OF THE MEETING DATED 24.04.2019 RESPONDENTS' EXHIBITS: NIL