Kerala High Court
Dm Education & Research Foundation vs Union Of India on 30 September, 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
MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941
WP(C).No.22895 OF 2018(I)
PETITIONER/S:
1 DM EDUCATION & RESEARCH FOUNDATION,
A CHARITABLE AND EDUCATIONAL TRUST HAVING ITS
REGISTERED OFFICE AT NASEERA NAGAR,
MEPPADI.P.O,WAYANAD DISTRICT-673577,REPRESENTED BY
ITS AUTHORIZED SIGNATORY & LAW OFFICER,MR.ZALAZI
KALLANGODAN.
2 DM WAYANAD INSTITUTE OF MEDICAL SCIENCES,
NASEER NAGAR,MEPPADI.PO,WAYANAD DISTRICT-
673577,REPRESENTED BY ITS AUTHORIZED SIGNATORY & LAW
OFFICER,MR.ZALAZI KALLANGODAN.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.AJAY BEN JOSE
SRI.R.GITHESH
SRI.P.MARTIN JOSE
SRI.MANJUNATH MENON
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
RESPONDENT/S:
1 UNION OF INDIA,
MINISTY OF HEALTH & FAMILY WELFARE,REPRESENTED BY ITS
SECRETARY,NIRMAN BHAVAN,NEW DELHI-110011.
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE.P.O,THRISSUR,PIN-680596,REPRESENTED
BY THE REGISTRAR.
3 MEDICAL COUNCIL OF INDIA
REPRESENTED BY ITS SECRETARY,
POCKET 14, SECTOR 8,
DWARKA PHASE 1, NEW DELHI - 110077
R1 BY SRI.RAJAGOPALAN.A., CGC
R1 BY ADV. SRI.RAJAGOPALAN.A. CGC
R2 BY ADV. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE
WP(C).No.22895 OF 2018 2
R2-3 BY SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL
OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22895 OF 2018 3
JUDGMENT
This writ petition is filed by the petitioners seeking the following reliefs:-
"(a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to register the 150 students admitted to the MBBS Course during the Academic Year 2017-2018 in the 2nd petitioner college within a time limit to be fixed by this Hon'ble Court;
(b) Declare that the 150 students admitted to the MBBS Course during the Academic Year 2017-2018 at the 2nd petitioner college are entitled to be registered with the 2nd Respondent University;
(c) Grant such other reliefs as this Hon'ble Court may deem, fit and proper in the circumstances of the case."
2. The 2nd petitioner college commenced pursuant to Letter of Permission dated 15.07.2013, obtained under Section 10A of the Indian Medical Council Act, 1956, and the academic sessions started with effect from the academic year 2013-2014.
WP(C).No.22895 OF 2018 4
3. Since the 1st respondent and the Medical Council of India refused to grant the 4 th renewal of the Letter of Permission, i.e., for the 5th batch for the academic year 2017-2018, petitioners approached this court by filing W.P.(C)No.19753/2017 and obtained Ext.P1 interim order, permitting the petitioners to participate in the allotment process provisionally. Thereafter, petitioners filed W.P.(C)No.838/2017 before the Supreme Court of India, and the Supreme Court as per Ext.P3 common order dated 22.09.2017 recorded that, the deficiencies are negligible and permitted the 2nd petitioner to admit fresh batch of students for the academic year 2017-2018.
4. Pursuant to Ext.P3, the Commissioner of Entrance Examinations allotted 150 students and they were admitted for MBBS Course for the academic year 2017-2018. The Admission Fee Regulatory Committee for Medical Education, Kerala, as per order dated 19.01.2018, approved admission of 150 students as per Ext.P9 order. But, despite repeated requests of the petitioners, the 2nd respondent, i.e., Kerala University of Health Sciences, Trissur, has refused to register the students, and the last date for WP(C).No.22895 OF 2018 5 registration of MBBS students for the academic year 2017-2018 at the 2nd respondent is 13.07.2018. The 2nd respondent is insisting on the production of renewal of the Letter of Permission from the 1st respondent to register the students. It is in this background, this writ petition is filed.
5. When this matter came up for admission, an interim order was passed on 11.07.2018, directing the 2nd respondent to provisionally register the students for the academic year 2017-2018. I am informed that, accordingly the students were provisionally registered and subsequently, interim orders were being passed by this court to tackle various situations.
6. The issue with respect to the Letter of Permission was considered by this court in the judgment in W.P.(C).No.38861/2018 dated 07.06.2019, in the light of Ext.P3 judgment of the Apex Court, and has declared that, there is deemed LOP for the year 2017-2018 for the college which was one of the parties in Ext.P3 judgment.
7. So also, now for and on behalf of the Union of India, a statement is filed, where it is stated that, WP(C).No.22895 OF 2018 6 the 2nd respondent University has to register MBBS students admitted in 2017-2018 at the 2nd petitioner college without insisting on letter of renewal permission of the Central Government, since the admissions were allowed provisionally by this court and the Apex Court, subsequently protecting the admissions of the students.
8. Having heard respective counsel across the Bar and perusing the pleadings and the documents on record, all the interim orders passed by this court pursuant to the filing of this writ petition are made absolute, and there will be a direction to the 2nd respondent University to register the students for the academic year 2017-2018, on the basis of deemed LOP by virtue of Ext.P3 order passed by the Apex Court and the interim orders passed by this court in the writ petition.
The writ petition is allowed to the above extent.
Sd/-
SHAJI P.CHALY JUDGE uu 30.09.2019 WP(C).No.22895 OF 2018 7 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER DATED 25.08.2017 IN W.P.(C)NO.19753 OF 2017 OF THIS HON'BLE COURT EXHIBIT P2 TRUE COPY OF LETTER DATED 25.08.2017 ISSUED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF ORDER IN W.P(C).825 OF 2017 DATED 22.09.2017 PASSED BY THE HON'BLE SUPEREME COURT EXHIBIT P4 TRUE COPY OF LETTER DATED 06-10-2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P5 TRUE COPY OF COVERING LETTER DATED 04.12.2017 ISSUED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF LETTER DATED 07.12.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY OF LETTER DATED 15.12.2017 ISSUED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF CORRESPONDENCE DATED 19.12.2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF ORDER NO.AFRC 100/17/MBBS/DMWIMS DATED 19.01.2018 ISSUED BY THE ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA EXHIBIT P10 TRUE COPY OF LETTER DATED 09.02.2019 ISSUED BY THE MEDICAL COUNCIL OF INDIA TO THE 1ST RESPONDENT EXHIBIT P11 TRUE COPY OF NOTIFICATION DATED 06.03.2019 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 11(2) OF THE INDIAN MEDICAL COUNCIL ACT, 1956 EXHIBIT P12 TRUE COPY OF APPLICATION UNDER THE RIGHT TO INFORMATION ACT, DATED 21.01.2019 WP(C).No.22895 OF 2018 8 EXHIBIT P13 TRUE COPY OF REPLY TO EXHIBIT P12 APPLICATION DATED 27.02.2019 EXHIBIT P14 TRUE COPY OF NOTIFICATION DATED 25.03.2019 ISSUED BY THE 2ND RESPONDENT UNIVERSITY EXHIBIT P15 TRUE COPY OF LETTER DATED 9.11.2018 ISSUED BY THE 1ST RESPONDENT TO THE CENTRAL GOVERNMENT STANDING COUNSEL EXHIBIT-p16 TRUE COPY OF THE NOTIFICATION NO.
11118/2019/B1/EX.MED/KUHS DATED 14/06/2019 OF THE 2ND RESPONDENT