Kerala High Court
The Principal, Kannur Medical College vs Arsha Mohan on 5 April, 2022
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.17592 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O.,
KANNUR 670 612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.M.K.SUMOD
RESPONDENTS:
1 PRASANNA KUMAR V
S/O.VIKRAMAN NAIR, AGED 53 YEARS, PRASOONAM, VAVARA,
POTHENCODE, P.O., TRIVANDRUM 695 584
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014, REP.BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.A.ARUNA
BY ADV.SMT.THULASI K. RAJ
BY ADV.SMT.MAITREYI SACHIDANANDA HEGDE S
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2022 ALONG WITH WP(C).NO.13042/2020 AND CONNECTED
CASES, THE COURT ON 05.04.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 2 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13042 OF 2020
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE,
ANJARAKANDY P.O., MAMBA, KANNUR - 670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 SHYAM M.S.,
21 YEARS, S/O.MURALI K.P., MURALI SADANAM, CHALODE,
P.O.EDAYANNUR - 670 595.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDING, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.SUNIL V.MOHAMMED
BY ADV.SRI.AADIL SHAH A.S.
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 3 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13301 OF 2020
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDY P.O., MAMBA, KANNUR-670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 ABDULLA
AGED 55 YEARS
S/O.MOHAMEDKUNHI, RASALS, P.O.PERUVALATHUPARAMBA, IRIKKUR,
KANNUR-670 593.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDING, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.SRI.V.T.MADHAVANUNNI
BY ADV.SRI.V.A.SATHEESH
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022 ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 05.04.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 4 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13520 OF 2020
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDI P.O., MAMBA, KANNUR- 670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 ARSHA MOHAN
D/O.MOHANN K.K., DEEPIKAS, P.O.ECHUR, KANNUR-670 591.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695014, REPRESENTED BY THE CHAIRMAN.
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022 ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 5 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13528 OF 2020
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O.,
MAMBA, KANNUR-670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MUHAMMAD
AGED 23 YEARS
S/O.ABDUL SALAM, NALUPURAYIL HOUSE, CUSTOMS ROAD,
VADAKARA P.O.-673103, KOZHIKODE DISTRICT.
2 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL
COLLEGES IN KERALA,
T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695014, REPRESENTED BY THE
CHAIRMAN.
BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.3.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 6 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13549 OF 2020
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P. O., MAMBA,
KANNUR - 670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 UMMER
AGED 70 YEARS
S/O.NURUDHEEN, UTHANGANAKAM HOUSE, PONNANI P.O.,
MALAPPURAM - 679 586.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T. C. 15/1553-4,
PRASANTHI BUILDINGS, M. P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV SRI.K.B.ARUNKUMAR
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 7 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.10977 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDI P.O, MAMBA,
KANNUR - 670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.RAJ CAROLIN V.
RESPONDENTS:
1 ASIF ALI V.P.
AGED 25 YEARS
S/O. KUNHIMOIDEEN, VENGOLIPOYIL, NETTOOR POST, KAKKATTIL,
KOZHIKODE DISTRICT - 673507.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4, PRASANTHI
BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM -
695014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.P.SAJU
BY ADV.SRI.K.M.AUGUSTINE
BY ADV.SRI.ANIL.D.KAITHAKKAL
BY ADV.SRI.ROOPESH K.
BY ADV.SRI.SHELIN VIJAYAN BY SMT.MARY BENJEMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 8 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.11671 OF 2021
PETITIONERS:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDI P.O., KANNUR-670 612.
BY ADV.SRI..ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MOIDEENKUTTY V.V.
AGED 65 YEARS
S/O.UMMERKUTTY, THRIPTHI HOUSE, ULLIYERI POST, KOYILANDI
TALUK, KOZHIKODE-673 620.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAOL COLLEGES IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.ANIL.D.KAITHAKKAL
BY ADV.SRI.K.M.AUGUSTINE
BY ADV.SRI.P.SAJU
BY SMT.MARY BENJEMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 9 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.11696 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDY P.O., KANNUR-670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MEHASHOOQUE K.P.
AGED 48 YEARS
S/O. A.K.P. MUSTHAFA, SHABNAM, KANNUKAA, P.O.
CHOVVA, KANNUR-670 006.
2 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL
COLLEGES IN KERALA, T.C.15/1553-4, PRASANTHI BUILDINGS,
M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014,
REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.SUNIL V.MOHAMMED
BY SMT.MARY BENJEMIN, SC FOR R2
BY ADV.SRI.MANOJ N.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED
CASES, THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 10 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.12615 OF 2021
PETITIONER:
THE PRINCIPAL,
KANNUR MEDICAL COLLEGE ANJARAKANDY P.O. KANNUR 670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 RAVEENDRAN NAIR A
AGED 57 YEARS
S/O.APPUKKUTTAN PILLAI, POURNAMI, MAMATHA NAGAR 76/A,
KAZHAKKOTTAM P.O. TRIVANDRAM 695 582.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.MAITREYI SACHIDANANDA HEGDE
BY SMT.MARY BENJEMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 11 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.12737 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE,
ANJARAKANDY P.O., KANNUR-670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MOHANAN P.K.,
S/O.GOVINDAN NAIR, CHATHOTH HOUSE, P.O.KOTTUR, KADAVUNNUR,
KOZHIKODE-673 614.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.MAITREYI SACHIDANANDA HEGDE
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 12 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C) NO.12823 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O. KANNUR 670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 NOUSHAD LAL
S/O. MUHAMED ILLIYAS, NIDHIS, PADANILAM,
CHIRAYINKEEZHU TALUK, TRIVANDRUM 695 304.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR
BY ADV.SRI.AKASH S.
BY ADV.SMT.A.MEGHAMARY BENJEMIN
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 13 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.13008 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
KANNUR MEDICAL COLLEGE,ANJARAKANDY,
P.O.KANNUR-670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.RAJ CAROLIN V.
RESPONDENTS:
1 HAMZAKOYA
AGED 59 YEARS
S/O ALAVIHAJI,THEKKEPURAM HOUSE, P.O.KODAKKAD,VIA
CHETTIPADI,MALAPPURAM.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA,
T.C.15/1553-4,PRASANTHI BUILDINGS,M.P.APPAN
ROAD,VAZHUTHACAUD,THIRUVANANTHAPURAM-695014,
REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.SUNIL V.MOHAMMED
BY ADV.SRI.MANOJ N.
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 14 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.14970 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
P.O.ANJARAKANDY, KANNUR - 670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.M.K.SUMOD
BY ADV.SRI.RAJ CAROLIN V.
RESPONDENTS:
1 SATHIKUMAR D.
AGED 54 YEARS
S/O.DAMODARAN PILLAI, REVATHI, BHAGAVATHYNADA P.O., PALLICHAL,
BALARAMAPURAM (VIA), TRIVANDRUM - 695 501.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGE IN KERALA, T.C.15/1553-4, PRASANTHI
BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM -
695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.MAITREYI SACHIDANANDA HEGDE
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 15 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.20628 OF 2021
PETITIONERS:
1 MOIDEENKUTTY V.V
AGED 65 YEARS
S/O.UMMERKUTTY, THRIPTHI, NARATH, ULLIYERI,
KOZHIKKODE DISTRICT 673 323
2 AFSANA RUKHZATH M.S
AGED 25 YEARS
D/O. MOIDEENKUTTY, THRIPTHI, NARATH, ULLIYERI,
KOZHIKKODE DISTRICT 673 323
BY ADV.SRI.K.M.AUGUSTINE
BY ADV.SRI.ANIL.D.KAITHAKKAL
BY ADV.SRI.P.SAJU
BY ADV.SRI.ROOPESH K.
BY ADV.SMT.SHELIN VIJAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE ADMISSION SUPERVISORY COMMITTEE FOR
PROFESSIONAL COLLEGES IN KERALA, TC 15/1553-4, PRASANTHI
BUILDING, MP APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 16 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
695 014
3 PRESTIGE EDUCATIONAL TRUST
ANJARAKKANDI, KANNUR, KERALA 670 612
REPRESENTED BY ITS DIRECTOR, DR. HASHIM M.A
4 THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKKANDI P.O, KANNUR DISTRICT,
KERALA 670 612
BY SRI.N.MANOJ KUMAR, STATE ATTORNEY
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 17 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.20648 OF 2021
PETITIONER:
ASIF ALI V. P.
AGED 26 YEARS
S/O. KUNHIMOIDEEN V. P., VENGOLIPOYIL, NITTOOR P. O.,
KOZHIKKODE DISTRICT - 673 507.
BY ADV.SRI.K.M.AUGUSTINE
BY ADV.SRI.ANIL D. KAITHAKKAL
BY ADV.SRI.P.SAJU
BY ADV.SRI.ROOPESH K.
BY ADV.SMT.SHELIN VIJAYAN
RESPONDENTS:
1 STATE OF KERALA REPTD. CHIEF SECRETARY
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL
COLLEGES IN KERALA, TC 15/1553-4, PRASANTHI BUILDING, MP
APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014,
REPRESENTED BY ITS CHAIRMAN.
3 PRESTIGE EDUCATIONAL TRUST
ANJARAKKANDI, KANNUR, KERALA - 670 612, REPRESENTED BY ITS
DIRECTOR, DR. HASHIM M. A.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 18 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
4 THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKKANDI P. O.,
KANNUR DISTRICT, KERALA - 670 612.
BY SRI.N.MANOJ KUMAR, STATE ATTORNEY
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER
BY ADV.SRI.K.R.AVINASH (KUNNATH)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 19 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.25082 OF 2021
PETITIONERS:
1 ABDULLA K.P
AGED 58 YEARS
S/O MUHAMMED KUNHI, RUSSALS PERUVALATHUPARAMBA P.O.IRIKKUR
AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT-670 593.
2 REHNA BANU,
AGED 23 YEARS
D/O ABDULLA K.P. RUSSALS PERUVALATHUPARAMBA P.O.IRIKKUR
AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT-670 593.
BY ADV.SRI.V.T.MADHAVANUNNI
BY ADV.SRI.V.A.SATHEESH
RESPONDENTS:
1 THE PRINCIPAL,
KANNUR MEDICAL COLLEGE, ANJARAKKANDY P.O.
KANNUR DISTRICT-670 612.
2 MANAGING DIRECTOR
KANNUR MEDICAL COLLEGE, ANJARAKKANDY P.O.
KANNUR DISTRICT-670 612.
3 M. ABDUL JABBAR,
CHAIRMAN, KANNUR MEDICAL COLLEGE, ANJARAKKANDY P.O.
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 20 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
KANNUR DISTRICT-670 612.
4 ADMISSION SUPERVISORY COMMITTE FOR PROFESSIONAL COLLEGES IN
KERALA
PRASANTHI BUILDINGS, M.P APPAN ROAD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS CHAIRMAN
5 KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHU KAVU, MEDICAL COLLEGE P.O.THRISSUR,
REPRESENTED BY ITS SECRETARY
6 STATE OF KERALA,
REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH EDUCATION,
THIUVANANTHAPURAM-695 001.
BY SRI.P.SREEKUMAR, SC , KUHS
BY ADV SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 21 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.26808 OF 2021
PETITIONER:
THE PRINCIPAL,
KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O,
KANNUR 670 612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 DEEPTHA M
AGED 22 YEARS
D/O.K.V RANJITH, SREEDEEPAM, MELE CHOVVA, KANNUR 670 006
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA T.C 15/1553-4, PRASANTHI
BUILDINGS, M.P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM
695 014 REPRESENTED BY ITS CHAIRMAN.
BY ADV.SRI.SUNIL V.MOHAMMED
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
BY ADV.SRI.MANOJ N.
BY ADV.SMT.AJITHA APPU
BY ADV.SMT.M.S.NEETHUMOL
BY ADV.SRI.AADIL SHAH A.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 22 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.26824 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDI P.O,
KANNUR 670 612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 NAZREENA. K.V
AGED 22 YEARS
D/O.K.V NAZAR, KOLLIYIL HOUSE, VALAD P.O, 670 644 MANANTHAVADY,
WAYANAD 670 645
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA T.C 15/1553-4, PRASANTH
BUILDINGS, M.P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM 695
014
REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
BY ADV.SRI.AKASH S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 23 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.26870 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDI P.O,
KANNUR-670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 LEKSHMI C.R.
D/O.CHANDRASEKHARAN, SREEVALSAM, ASWATHY NAGAR,
ATHANIPARAMB, OLAVAKKOD, PALAKKAD-678002.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T,C,15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS CHAIRMAN.
BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
BY ADV.SRI.AKASH S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 24 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.30209 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE,
ANJARAKANDY P.O., KANNUR-670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 ABDUL RAHIM,
AGED 60 YEARS
S/O.MOOSAKUTTY HAJI.A.K., RESIDING AT ARAMANA, P.O.
FAROOK COLLEGE, KOZHIKODE-673 632.
2 THE ADMISSION SUPERVISOR COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SMT.THULASI K. RAJ
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).NO.17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 25 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.30222 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P.O.,
KANNUR-670612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MINNY ABRAHAM
AGED 56 YEARS
W/O. ABRAHAM MATHAI, PANDAVALAPPIL HOUSE, KARUVATTA, ADOOR,
PATHANAMTHITTA-691523.
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA,T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SMT.THULASI K. RAJ
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 26 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.30491 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE,ANJARAKANDY .P.O,
KANNUR-670 612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.M.K.SUMOD
RESPONDENTS:
1 ABDUSSALAM.E
S/O BEERANKUTTY,AGED 54 YEARS,ELANTHI HOUSE,TIRURANGADI
P.O,VENNIYUR,VALAKKULAM VIA,MALAPPURAM-676508
2 THE ADMISSION SUPERVISORY COMMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA,T.C,15/1553-4,PRASANTHI
BUILDINGS,M.P.APPAN ROAD,VAZHUTHACAUD,THIRUVANATHAPURAM-695
014,REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.THULASI K. RAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 27 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.30618 OF 2021
PETITIONER:
THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDY P. O.,
KANNUR - 670 612.
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MUHAMMED PILAKANDIYIL
AGED 48 YEARS
S/O. MAMMU, KARTHIKAPALLY P. O., VIA VILLIAPALLY, VADAKARA,
KOZHIKODE - 673542.
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, T. C. 15/1553-4,
PRASANTHI BUILDINGS, M. P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014, REPRESENTED BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SRI.VARUN C.VIJAY
BY ADV.SMT.THULASI K. RAJ
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 28 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.30663 OF 2021
PETITIONER:
THE PRINCIPAL, KANNUR MEDICAL COLLEGE
ANJARAKANDY P.O., KANNUR 670 612
BY ADV.SRI.ABDUL RAOOF PALLIPATH(K/920/1998)
BY ADV.SRI.K.R.AVINASH (KUNNATH)
BY ADV.SRI.M.K.SUMOD
RESPONDENTS:
1 MOHAMED HANEEFA
AGED 65 YEARS
S/O.MOHAMED HAJI, AGED 65 YEARS, PAIKKADAN HOUSE,
NEAR KSFE, VENGARA P.O., MALAPPURAM 676 305
2 THE ADMISSION SUPERVISORY COMITTEE,
FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014, REP.BY THE CHAIRMAN.
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SMT.THULASI K. RAJ
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED
CASES, THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 29 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.2111 OF 2022
PETITIONER:
THE PRINCIPAL,
AGED 45 YEARS
KANNUR MEDICAL COLLEGE, ANJARAKANDY, P.O.,
KANNUR - 670 612, PIN - 670612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 MIDHILA M.A. NAIR
AGED 24 YEARS
D/O ANILKUMAR,
SIVASAKTHI, NELLIVILA,
BALARAMAPURAM, TRIVANDRUM, PIN - 695501
2 THE ADMISSION SUPERVISORY COMMITTEE, FOR PROFESSIONAL
COLLEGES IN KERALA
T.C. 15/1553-4, PRASANTHI BUILDINGS,
M.P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014,
REPRESENTED BY THE CHAIRMAN, PIN - 695014
BY ADV.SRI.PIRAPPANCODE V.S.SUDHEER V.S.
BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
FOR PROF. COLLEGES
BY ADV.SRI.AKASH S.(K/980/2008)
BY ADV.SMT.A.MEGHA(K/000488/2018)
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 30 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
BY ADV.SMT.V.S.VARALEKSHMI(K/000910/2019)
BY ADV.SMT.AMRITHAPRIYA.C(K/002655/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES,
THE COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 31 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.6200 OF 2022
PETITIONER:
THE PRINCIPAL
AGED 45 YEARS
KANNUR MEDICAL COLLEGE, ANJARAKANDY, P.O.,
KANNUR, PIN - 670612
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 SURENDRAN.P.V
AGED 64 YEARS
S/O POKKAN,AGED 64 YEARS, POURNAMI, PACHAPOIKA, KOOTHUPARAMBA,
KANNUR, PIN - 670643
2 THE ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA,
T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY THE CHAIRMAN,
PIN - 695014
BY ADV.SRI.KALEESWARAM RAJ
BY ADV.SMT.THULASI K. RAJ
BY ADV.SRI.VARUN C.VIJAY
BY SMT.MARY BENJEMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 32 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
W.P(C).NO.7564 OF 2022
PETITIONER:
LAKSHMI C.R
AGED 22 YEARS
D/O.CHANDRASEKHARAN, SREEVALSAM, ASWATHY NAGAR,
ATHANIPARAMB, OLAVAKKOD, PALAKKAD. PIN - 678002
BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR
BY ADV.SRI.AKASH S.
BY ADV.SMT.A.MEGHA
BY ADV.SMT.V.S.VARALEKSHMI
BY ADV.SMT.AMRITHAPRIYA.C
RESPONDENTS:
1 THE PRINCIPAL
KANNUR MEDICAL COLLEGE, ANJARAKANDI P.O., KANNUR. PIN - 670612
2 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES
IN KERALA
T.C.15/1553-4, PRASANTHI BUILDINGS,
M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED
BY ITS CHAIRMAN. PIN - 695014
BY ADV.SRI.ABDUL RAOOF PALLIPATH
BY ADV.SRI.K.R.AVINASH (KUNNATH)(K/1364/2003)
BY SMT.MARY BENJAMIN, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).17592/2021 AND CONNECTED CASES, THE
COURT ON 5.4.2022 DELIVERED THE FOLLOWING:
W.P.(C).Nos.17592/21, 13042, 13301, 13520,
13528,13549/20, 10977, 11671, 11696, 12615,
12737, 12823, 13008, 14970, 20628, 20648, :: 33 ::
25082, 26808, 26824, 26870, 30209, 30222,
30491, 30618, 30663/21, 2111, 6200 & 7564/22
JUDGMENT
In these batch of writ petitions, the Kannur Medical College (hereinafter referred to as the "KMC" for brevity), a self financing private medical college in Kerala, that was established in the year 2006, impugns the orders of the Admission Supervisory Committee for Professional Colleges in Kerala (hereinafter referred to as the "ASC" for brevity) that direct the college to refund various amounts to the students who were forced to leave the college consequent to their admissions thereto being cancelled by the ASC. A few writ petitions have been preferred by the students concerned seeking an expeditious implementation of the orders of the ASC in their favour. To appreciate the issues urged in these writ petitions, it is necessary to give a brief narration of the litigation history that culminated in the impugned orders of the ASC.
2. Consequent to the decisions of the Supreme Court in Sankalp Charitable Trust & Anr. v. UOI and Ors - [(2016) 7 SCC 487] and Modern Dental College and Research Centre & Ors. v. W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 34 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 State of Madhya Pradesh & Ors. - [(2016) 7 SCC 353], that mandated that admission to MBBS courses had to be conducted through the National Eligibility-cum-Entrance Test (NEET) and all States and Union Territories had to conduct combined/centralized counseling for the 2016-17 MBBS admissions, the Government of Kerala directed that all medical colleges in the State would admit student selected by the Commissioner of Entrance Examinations (CEE) through common counseling. In a writ petition filed by KMC impugning the said direction, an interim order dated 26.08.2016 came to be passed directing that MBBS Admissions for 2016-17 would be conducted on the basis of NEET-2016 and that all applications would be made online to facilitate transparency with regard to merit and identity of the applicants. It would appear that KMC did not comply with the said directions or the requirements in the revised approval of the prospectus dated 10.09.2016, and hence, following a brief spell of litigation, the ASC cancelled all admissions made by KMC and requested the State Government to direct the CEE to conduct centralized admissions.
3. The directions issued by the ASC were impugned by the KMC in a writ petition [W.P(C).No.32186/2016] that came to be W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 35 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 dismissed with costs by this Court. While dismissing the said writ petition, this Court also directed the ASC to scrutinize all records of KMC with regard to the admissions made. Although KMC carried this order of the High Court to the Supreme Court in an SLP, the same was also dismissed by an order dated 22.03.2017. Following this, the Registrar of the Kerala University of Health Sciences [KUHS], by an order dated 31.03.2017 directed the Principal of KMC to discharge the 150 students admitted during the academic year 2016-17 and to report compliance. A writ petition [W.P.(C).No.16411/2017] filed by the students thereafter, challenging the order of cancellation of their admissions, was dismissed by this Court on 22.06.2017. This order was confirmed by the Supreme Court through its order dated 10.07.2017 in SLP(C).No.17080/2017. The State Government thereafter promulgated an Ordinance to regularize the MBBS admissions in certain medical colleges against payment of Rs.3 Lakhs per student as regularization fee. The Ordinance, however, was struck down by the Supreme Court as ultra vires in Medical Council of India v. State of Kerala & Ors - [(2019) 3 SCC 185].
4. Finding that it was not possible to continue their medical education in KMC on account of the cancellation of their W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 36 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 admissions by the ASC, several students/parents approached the KMC for a refund of the fees paid by them as also a return of the original documents submitted at the time of admission. Before the ASC that was dealing with the said complaints against KMC, some cases were settled by the KMC and orders were passed by the ASC recording the fact of settlement between the parties. In many cases, however, the students/parents, dissatisfied with the amounts refunded by KMC, persisted with their case before the ASC. In the meanwhile, however, KMC approached the Supreme Court aggrieved by a judgment of this Court that sustained an order of the KUHS refusing affiliation to the college for the academic year 2017-18 for the purposes of admitting students to the MBBS Course for that year. In the said SLP [SLP (C) No.23225/2018], two orders viz. Order dated 29.08.2018 and Order dated 04.10.2018, came to be passed, the net effect of which was to require the KMC to refund amounts equivalent to the fee collected + double of the amount other than fee collected, as a condition for securing affiliation from the KUHS for the next academic year. Further, in as much as there was ambiguity with regard to the quantum of the payment other than fee that was effected by the students to KMC, the ASC was directed to adjudicate the said issue on a case to case basis, based on the evidence that was adduced before it by the students and W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 37 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 the college.
5. In the fresh adjudication process that ensued, several complaints were closed as settled, taking note of the payments received by the complainants from the KMC in the meanwhile, purportedly in full and final settlement of their claims. About 58 complaints were contested and in those cases, the ASC passed orders directing refund of various amounts by the college. These orders were impugned by the college before this Court. While so, the ASC issued fresh notices to the complainants in settled cases after noting that the settlement effected by the college in those cases had been on an erroneous premise and by misinterpreting the directions in the order dated 29.08.2018 of the Supreme Court referred above. These notices were quashed by this Court through the judgment dated 22.11.2019 in W.P.(C).No.26995/2019, where this Court found that in fresh adjudication proceedings, it was not open to the ASC to re-open proceedings that had been amicably settled between the parties. The said judgment of this Court was however set aside by the Supreme Court through a common judgment dated 18.02.2021 in Civil Appeal No.596/2021 and connected cases where the Court also considered petitions filed against a judgment of this Court that permitted the W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 38 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 KUHS to consider an application preferred by the college, for continuation of affiliation for the academic year 2020-21, subject to certain conditions stipulated to safeguard the interests of the students concerned. The directions issued by the Supreme Court in the said judgment read as follows:
"(a) KMC shall deposit Rs.15,72,89,020/- with the ASC along with full details of the guardians/students to whom the amounts have to be paid, their addresses and bank accounts, within a period of one month from today. On deposit of the said amounts, the ASC would disburse and make payments to the guardians/students.
(b) ASC would issue fresh notices to the remaining students (possibly 92 in number) as was the position before impugned order dated 22nd November, 2019 was passed. It will examine the objections or claims made by the guardians/students as to the actual amount paid by them on the basis of material placed by the guardians/students and the college. It will thereupon pass appropriate orders. Any party, i.e. the guardian/student/college, aggrieved by the order to be passed by the ASC would be entitled to challenge the same before the High Court.
(c) KMC would make a deposit of Rs.25 crores with the ASC, which deposit would be converted into multiple fixed deposit receipts as the ASC may deem appropriate.
(d) ASC would disburse and make payments to the guardians/ students on the basis of the orders passed by it or on the basis of the orders passed by the High Court in case a writ petition is filed impugning the order passed by the ASC regarding quantification and refund.
(e) The orders passed by the ASC would indicate that the payments in terms of the said order would be made within 45 days of the passing of the order and that any party, be it the student/guardian or KMC, would have the right to challenge W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 39 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 the order before the High Court. The High Court upon examination of the case would be entitled to grant stay or direct refund/payment.
(f) KMC would be entitled to claim affiliation and admit students only after they have deposited Rs.15,72,89,020/- and Rs.25 crores, as indicated above. Of course, KMC, for affiliation would have to meet and satisfy all statutory conditions. It is made absolutely clear that if the aforesaid payments of Rs.15,72,89,020/- and Rs.25 crores are not made, the order passed by the ASC and KUHS denying/rejecting KMC's application for continuation of affiliation for academic year 2020-21 and future academic years would continue. As the amount of Rs.15,72,89,020/- has not been disputed by the College, in case it fails to deposit the same, the students/ guardians will be well within their rights to approach the authorities for enforcement and payment. Further, in the event that KMC does not deposit Rs.15,72,89,020/- and Rs.25 crores, decision with regards to grant of affiliation shall be made by the ASC and KUHS only upon determination, settlement and refund of all claims pertaining to the students admitted in the academic year 2016-17. Compliance report would be filed in terms of order dated 4th October, 2018.
(g) As indicated above, the ASC would be entitled to open a separate bank account and convert the amounts received in multiple fixed deposits of varying amounts for different periods. The bank account and the fixed deposits would be in the name of KMC, i.e. Kannur Medical College, but the account/deposits would be only operated and abide by the instructions of the Authorised Officer/Member of the ASC. For the purpose of account opening, KMC would provide their PAN number and other details. KMC would assist and cooperate with the ASC. Tax at source, if any, deducted on the interest would be reflected as deducted on interest earned by KMC.
The interest accrued on the fixed deposits would also be income and would be reflected in the income-tax returns of KMC. However, the interest accrued on the deposits/bank account (minus the TDS) would be also available to the ASC to make payment to the students.
(h) ASC is requested to complete the aforesaid exercise as expeditiously as possible and preferably within a period of nine months from the date of this order. Upon completion of the entire exercise, including awaiting the decision of the High W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 40 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Court/this Court, the ASC shall refund excess amount, if any, to KMC. In case of a shortfall, it would be the obligation of KMC to make the amount available for disbursal to the guardians/students. In case of failure to make payment, the ASC would be entitled to issue appropriate orders/directions, including direction to restrain KMC from admitting students in the then current or the next academic year. Such direction, however, would not affect the students who have already been admitted.
(i) In case of any difficulty in implementation or clarification of this order, it would be open to the parties to move an application for directions, clarification or modification before this Court."
6. It is in purported compliance with the directions of the Supreme Court that the ASC has passed the orders impugned in these writ petitions.
7. We have heard Sri. Abdul Raoof, the learned counsel for the KMC in all these cases, Smt. Mary Benjamin, the learned Standing counsel for the ASC and Adv.Sri.Kaleeswaram Raj, duly assisted by Adv.Smt.Tulsi K. Raj, Adv.Sri.V.T.Madhavanunni, Adv.Sri.Pirappancode V.S.Sudhir, Adv.Sri.K.B.Arunkumar, Adv.Sri.K.M.Augustine and Adv.Sri.Sunil V. Mohammed, the learned counsel appearing for the students concerned in these writ petitions.
8. At the very outset, we may observe that for the purpose of deciding these writ petitions, we have to understand the W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 41 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 combined effect of the orders dated 29.08.2018 and 04.10.2018 of the Supreme Court in SLP (C) No.23225/2018 and its order dated 18.02.2021 in Civil Appeal No.596/2021 and connected cases as having required the ASC to adjudicate the claims of the students/parents afresh in the light of the evidence adduced before it by the students/parents and the college, with the rider that in such adjudication, the settlement effected between the parties, based on an erroneous understanding of the directions of the Supreme Court in its order dated 29.08.2018, had to be ignored by the ASC. The latter direction was issued taking note of the fact that the settlements effected by the college were premised on the understanding that, consequent to the order dated 29.08.2018 of the Supreme Court, the college was obliged to refund only twice the fee amount to the student, and this was patently wrong. The order dated 29.08.2018 referred above required the college to refund the fee amount + double the amount other than fee that was collected from the students. In the fresh adjudication proceedings, therefore, the ASC was required to consider the evidence adduced by the parties so as to determine whether any amount, other than the fee, was in fact collected from the student by the college, and if so, the quantum thereof. On determining W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 42 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 this amount, the refund if any due to the student had to be computed using the formula:
Refund Amount = Fee amount + (2 x amount other than fee determined as collected) - (amount already paid to the student by way of settlement or otherwise) It is in the above backdrop that we have to consider the rival submissions of the learned counsel for the parties.
9. The submissions of Sri.Abdul Raoof, the learned counsel for KMC, can be summarised as follows:
● The ASC, while adjudicating the claims of the students afresh pursuant to the directions of the Supreme Court, ought not to have ignored the settlements effected between the parties whereby the students concerned had accepted amounts in full and final settlement of their claims against the college, and had admitted so before the ASC itself.
● The ASC erred in ignoring the evidence adduced by the college that clearly showed that the students concerned had filed affidavits/undertakings with the college clearly stating therein that they had not paid any capitation amounts to the college at W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 43 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 the time of admission. The said affidavit, having been filed at a time when they were seeking the benefit of the Ordinance promulgated by the State Government with a view to regularize their admissions, could not be seen as vitiated on account of any coercion by the college since the college had no role to play in the intended regularization of their admissions. At any rate, the ASC ought to have considered the contents of the said affidavit, along with the averments in the proof affidavit filed by the students, to determine the credibility of the evidence adduced by the students in the adjudication proceedings.
● In many cases, the ASC has blindly accepted the evidence adduced by the student without testing its veracity on the principles laid out under the Indian Evidence Act and this has resulted in the student concerned obtaining a windfall in terms of compensation from the college.
10. Per Contra, the submissions of the learned counsel for the students/parents, briefly stated are as under:
● The Supreme Court having already considered the effect of the settlements entered into between the students and the college in the orders passed in the SLP's aforementioned, it is not open to the KMC to now contend that the said settlements preclude the ASC from considering the evidence now produced by the students W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 44 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 to substantiate their contention as regards the amounts actually collected from them by the college.
● As regards the affidavits filed by the students with the college at the time of seeking the benefit of regularization of their admission in terms of the ordinance, it is stated that the said affidavits were also obtained by the college through coercion as is apparent from the fact that the affidavits collected from all the students are identical in their wording and they were collected notwithstanding that the college had no role to play in the regularization process envisaged under the ordinance. It is emphasized that the documents, including stamp papers and affidavits, submitted to the college have to be seen in the backdrop of the factual circumstances that prevailed at the time of such submission and when so viewed they have to be seen as submitted under coercion. Accordingly, the finding of the Supreme Court with regard to the settlements entered into with the college will apply with equal vigour to the said affidavits/undertakings as well.
● As regards the analysis of evidence by the ASC it is pointed out that inasmuch as the subject matter of adjudication was such that there would be no direct documentary evidence available, the ASC could not be faulted for relying on circumstantial evidence that pointed to a reasonable likelihood of payments being made by the student/parent. The evidence adduced by the students cannot be brushed aside citing technical rules of evidence. The W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 45 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 balance of probability in the instant cases lay in the view that the payments had in fact been made by the student to the college.
11. The submissions of Smt.Mary Benjamin, the learned Standing counsel for the ASC, are as follows:
● The reliance by the learned counsel for KMC on the affidavits/undertakings signed by the students, in connection with the requirements stipulated in the Ordinance passed by the State Government for regularizing their admissions in the college, is misplaced. It is argued that, on account of certain students having approached the ASC with claims for refund of fees collected by the college, the college was well aware that it would be met with similar claims for refund of fees if the admissions stood cancelled and their insistence for an affidavit/undertaking from the students concerned, declaring that the latter had not paid any amounts by way of capitation etc to the college, had to be viewed as motivated and deliberate.
● It is contended that inasmuch as the Supreme Court had frowned upon the settlements allegedly entered into between the college and the students, whereby the students had received various amounts from the college, apparently in full and final settlement of all their claims against the college, the same yardstick had to be applied while considering the evidentiary value of the affidavits/undertakings filed by the students while seeking the W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 46 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 benefit of the Ordinance as well. This was more so because a perusal of the affidavits/undertakings given by the students reveal that the affidavits/undertakings are almost identical in their wording, thereby suggesting that their contents were as dictated by the college.
● It is further pointed out that the college had not taken a plea with regard to the above affidavits/undertakings given by the students at any stage during the previous rounds of litigation when the issue that was being considered by the courts, in connection with the entitlement of the college for continued affiliation, was whether the college had collected amounts in excess of the fee amounts from its students. It is contended that to allow the college to raise such a contention now would amount to ignoring the principle of constructive res judicata.
● With specific reference to the award of compensation, over and above that stipulated by the Supreme Court in its orders dated 29.08.2018 and 04.10.2018, it is pointed out that the case of Riya George, that was relied upon by the ASC in the impugned orders, has since undergone modification since the compensation awarded by the ASC in the said case was set aside by a division bench of this court and the student in question has since approached the Supreme Court by filing a fresh SLP. It is stated that while notice has been ordered in the said SLP, the operation of the judgment of this court has not been stayed.
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 47 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22
12. On a consideration of the rival submissions, and before we consider the individual writ petitions on their merits, we deem it apposite to make the following general observations with regard to the merits of the arguments advanced by the learned counsel in respect of the issues adjudicated by the ASC:
a. While it is the vehement submission of the learned counsel for the KMC that it was not open to the ASC, in the fresh adjudication exercise pursuant to the remand of the various cases by the Supreme Court for this purpose, to ignore the settlement entered into between the college and the students, apparently in full and final settlement of all the claims of the latter against the former, we are not inclined to accept the same. We cannot ignore the fact that the directions of the Supreme Court in the judgment dated 18.02.2021 in Civil Appeal No.596 of 2021 and connected cases - Lalitha R Nath & Ors. v. Kannur Medical College and Ors., was rendered in an appeal filed against a Division Bench judgment of this court dated 22.11.2019 that found that, in those cases where there had been a settlement entered into between the college and the student, the ASC was not justified in issuing notices and re-opening the issue of whether or not the student had paid amounts over and in addition to the prescribed fee to the college. The Division Bench had found that in matters that had been settled as above, the ASC could not issue fresh notices to the students to adduce evidence as regards the amounts actually paid by them to the college. It was this W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 48 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 judgment of the Division Bench that was set aside by the Supreme Court through its judgment dated 18.02.2021 where the court further observed as follows in paragraphs 21 and 22:
"21. The impugned order dated 22nd November, 2019 quashing the re-opening notices issued by the ASC in the case of 92 students for several reasons is liable to be set aside. The said 92 students were not made parties to the writ petition preferred by KMC before the High Court and were not heard on the stand and stance with regard to receipts or No Dues Certificates signed by them. This Court in its order dated 4th October, 2018 had referred to the report of the ASC inter alia recording that KMC had collected different amounts ranging from Rs.35 lakhs to Rs.1 crore from most of the 150 students. The report referred to one particular case of Ms. Rehna Banu who had paid Rs.35 lakhs for admission. The report also noticed that the tuition fee to be paid was regulated by the Fee Regulatory Committee, albeit the students had paid different amounts in addition to the tuition fee for securing admission.
Accordingly, on account of the seriously disputed facts, this Court had directed that these aspects would be examined by the ASC. Liberty was given to the guardians/ students to place relevant material before the ASC. This Court did not consider it appropriate to conduct a factual inquiry into the disputed facts on the aspect of total amount paid and adequacy of the refund. The Division Bench of the High Court, by allowing the writ petition filed by KMC and by quashing the notices issued by the ASC to 92 students, has virtually made this Court's order dated 4th October, 2018, a dead letter in the case of those 92 students. In the aforementioned case of Riya George, a Division Bench of this Court had dealt with an identical controversy - as in its defence, KMC had relied on the No Dues Certificate, along with the application and affidavit of the father of Riya George withdrawing all claims in lieu of payment of Rs.20 lacs, and the order of the Chairperson of the Admission Fee Regulatory Committee allowing withdrawal of the complaint. The court also lamented failure of Riya George to make fair and candid disclosure of full facts in the writ petition. In spite of observing that there were sufficient indications to hold that Riya George/ her father had knowledge of what had transpired, the judges took notice of the contention that the claim was withdrawn under duress, since the petitioner therein required refund of fee as she had taken admission elsewhere. Referring to the two orders dated 29th August, 2018 and 4th October, 2018, it was held that it would be inappropriate for this W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 49 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 court to compute damages. Accordingly, given that the ASC had already issued notice to examine facts, it was held:
"27. There can be no manner of doubt that the petitioner is entitled to be compensated for the loss of a valuable year which was occasioned by the misdemeanours of the first respondent. A student who has been deprived of a valuable year in pursuing her studies, cannot be left in the lurch. It is in this background, that the explanation that the complaints made by the father of the petitioner were withdrawn only because there was an urgent need to obtain a refund of the fee, to enable the petitioner to secure admission to the Amrita Institute of Medical Sciences must be understood. Middle class parents do not have the luxury of resources. We must form a robust understanding of the circumstances in which the father of the petitioner withdrew his complaint. The Committee has in fact recorded a finding of fact that the withdrawal was not voluntary and was occasioned by the serious impediment in receiving a refund of fees. Hence, the petitioner would be entitled to the benefit of the principle which was formulated in the orders of this Court dated 29 August 2018 and 4 October 2018. Since the issue has been remitted back to the Committee by a coordinate bench, following the norm of judicial discipline, we are inclined to follow the same course of action.
28. In order not to prejudice the case of the petitioner, we leave it open to her to pursue her claim before the Committee. The petitioner would be at liberty to pursue her claim before the Committee in terms of Clause 1 of the order dated 29 August 2018 passed by this Court as clarified by the subsequent order dated 4 October 2018. We request the Admissions Committee to take a decision expeditiously and within a period of three months of the receipt of a certified copy of this judgment. All the rights and contentions of the parties are kept open."
22. The impugned order dated 22nd November, 2019 does not refer to or examine the order dated 21st February, 2019 passed by this Court in the case of Riya George. This apart, it was accepted during the course of arguments before us that KMC has paid a total amount of Rs.38,35,63,000/- to the guardians/students. Rs.36,09,87,000/- has been paid to the guardians/students for refund of the actual tuition fee and other amounts which were W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 50 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 admittedly paid. These payments were made on or before 4 th October, 2018, i.e. the date on which the second order was passed by this Court with the observations that there is a factual dispute as to the total amount paid by the students to KMC. After 4 th October, 2018, KMC has, in its affidavit filed on or about 3rd February, 2021, accepted that it had remitted an amount of Rs.2,25,76,000/- to the students who had settled their disputes before the ASC. These payments have been made through demand drafts. It is also accepted that KMC is still to make payment of Rs.15,72,89,020/- which is an undisputed figure payable to guardians/students as per the amount determined by the High Court or ASC. This is the final and undisputed figure as it refers to the amount payable to about 55 students in terms of the orders passed by the High Court and the ASC, which direction and computation has not been challenged by the KMC before this Court or before the High Court."
In the light of the above observations by the Supreme Court, we feel that merely because the students had entered into settlements with the college while seeking a refund of the amounts paid by them, they could not have been prevented from adducing evidence to prove the actual amounts paid by them to the college, and working out their consequential entitlements based on the formula stipulated by the Supreme Court through its orders dated 29.08.2018 and 04.10.2018. The submissions of the learned counsel for the KMC to the contrary deserve to be rejected and we do so.
b. During the course of the hearing, we did entertain a doubt as to whether the affidavits/undertakings that were given by the students while seeking the benefit of the Ordinance [The Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance, 2017] that was in force, where under they stood to obtain the benefit of a regularization of their admissions W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 51 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 on their satisfying certain conditions, could be treated at par with the settlements entered into between the students and the college at the time of seeking a refund of the amounts due to them. We felt that inasmuch as the former case was one where the student stood to gain the benefit of regularisation of his/her admission under the ordinance, an affidavit/undertaking filed by the student could not be seen as one that was coerced by the college. On a closer reading of the provisions of the Ordinance, however, we find that the benefits envisaged thereunder were for both the college and the student concerned. This is apparent from a conjoint reading of clauses 2 to 5 of the Ordinance which read as follows:
"xxxxxxxxxxxxxxxxxxx xxxxxxxxxx xxxxxxxxxxxxxxxxxxx
2. Regularisation of admission in medical colleges.-
Notwithstanding anything contained in the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and other measures to ensure equity and excellence in Professional Education) Act, 2006 (19 of 2006) or in any judgment, decree, order or any proceedings of any court or the Admission Supervisory Committee constituted under section 4 of the said Act or any other authority or in any agreement or instrument made under any law for the time being in force, it shall be lawful for the Government to regularise the admission of candidates who were qualified for admission in the discipline of medicine in any medical college in the State during the academic year 2016- 17, but their admission was cancelled by any court or Admission Supervisory Committee, irrespective of the mode of submission of application and the non-production of any material before the Admission Supervisory Committee, subject to such terms and conditions as the Government may deem fit:
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 52 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Provided that such admission shall not be regularised unless such candidate has duly attended the course during the said academic year.
3. Procedure for regularisation.- (1) The managements of the medical colleges who have admitted candidates as specified in section 2 to the discipline of medicine in any medical college and their admission was cancelled, may, within fifteen days from the date of commencement of this Ordinance, apply for regularisation of such admission. (emphasis supplied) (2) Every application for regularisation of admission under this Ordinance shall be submitted to the Government through the University concerned and the University shall, within seven days of receipt of such application, forward the same to the Government with a report containing its remarks on the following matters, namely: -
(i) whether the student who got admission is qualified and is eligible as per the rank list prepared on the basis of the National Eligibility cum Entrance Test, for admission in the discipline of medicine as per laws and orders in force applicable for the academic year 2016-17;
(ii) whether the students as mentioned in the application has duly attended the course during the academic year 2016-17;
(iii) whether the student is otherwise eligible to continue the course.
(3) An officer not below the rank of a Secretary to Government, as may be authorised by the Government by special order in this behalf, shall be the Competent Authority to consider an application under this Ordinance. The Competent Authority shall have the power to summon any person or to call for any document for the proper disposal of such application. (4) On receipt of an application for regularisation under this section, the Government shall call for a report on it from the Director of Medical Education and after hearing the applicant and the respondents or any other person concerned, if necessary, consider the application and pass orders on it, including order for payment of the regularisation fee payable under this Ordinance.
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 53 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 (5) Where the application is sanctioned by the Government, a direction in this respect shall be issued to the University concerned and notwithstanding anything contained in any University Act or any statute or Ordinance made thereunder or in any other law for the time being in force, the University shall issue orders necessary for the enrolment of such students in the University and thereafter such students shall be considered as regular students of the discipline of medicine under the University with effect from the academic year 2016-17 till the completion of their course in the discipline.
Explanation. - For the purposes of this section, "University Act"
means an Act establishing a University, passed by the State Legislature.
4. Matters for consideration of the Competent Authority. - While considering an application for regularisation received under Ordinance, the Competent Authority shall, -
(i) consider whether the student who got admission is qualified and is eligible as per the rank list prepared on the basis of the National Eligibility cum Entrance Test, for admission in the discipline of medicine as per laws and orders in force applicable for the academic year 2016-17;
(ii) confirm that no student is continuing in the college in violation of any other law for the time being in force;
(iii) not consider the mode of application submitted by the students;
(iv) not consider the non-production of any document or any material before the Admission Supervisory Committee;
(v) ensure that no capitation fee was collected by the management;
(vi) ensure that there was no profiteering by the management.
(emphasis supplied)
5. Payment of regularisation fee: - (1) Where the Government sanctions an application for regularisation of admission under this Ordinance, the management of such medical college shall W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 54 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 be liable to pay a regularisation fee of three lakh rupees per student for such regularisation:
Provided that where any management collects such fee from any student, such management shall be liable to pay a fine of six lakh rupees per student. (emphasis supplied) xxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxx"
It is clear from the scheme of the above provisions that the management stood to gain considerably from obtaining affidavits/undertakings from the students that no capitation fee was collected by the management. It is also significant that the above Ordinance was eventually struck down by the Supreme Court in Medical Council of India v. State of Kerala & Ors. - [2018 (4) KLT 297 (SC)] as beyond the legislative competence of the State. We would be justified, in such circumstances, to treat the affidavits and undertakings filed by the students in connection with an ordinance that has since been declared unconstitutional and void, as unreliable in any adjudication proceedings undertaken to determine the actual amounts paid by a student to the college concerned. The reasons that prompted the Supreme Court to ignore the settlements entered into between the college and the students while remanding the matters for fresh adjudication must apply with equal force in relation to the affidavits/undertakings given by the students in connection with the aforesaid ordinance. The arguments to the contrary by the learned counsel for KMC are hence rejected. W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 55 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 c. As regards the issue of compensation based on the observations of the Supreme Court in its order dated 21.02.2019 in the case of Riya George v. Kannur Medical College - W.P (C).No.1247 of 2018, it would be apposite to extract the relevant portion of the said judgment. It reads as follows:
" 24. While moving a writ petition before this Court, the petitioner ought to have made a full, fair and candid disclosure of all facts. The fact that while seeking a refund of the fees paid to the first respondent, the father of the petitioner had executed several documents by which he had unconditionally withdrawn the claim, was certainly a material circumstance which ought to have been disclosed before this Court.
Learned counsel for the petitioner submits that facts pertaining to the withdrawal of the claim, including the documents which were executed by her father, were unknown to both her and her father. She submitted that these documents were obtained by the first respondent when the fee was refunded. It is not possible to accept this contention. The execution of the documents is not in dispute. That apart, the petitioner has annexed a copy of the review order passed by the Committee. There is sufficient indication in the order to lead the petitioner to a knowledge of what had transpired earlier. Despite this, a full statement of facts has not been made. Learned counsel appearing on behalf of the petitioner submits that the claim was withdrawn under duress, since the petitioner was required to obtain a refund of fees, having secured admission to the Amrita Institute of Medical Sciences. In order to enable the Court to consider the plea of duress, it was the bounden duty and obligation of the petitioner to disclose a full and complete statement of facts. This has not been done.
25. Ordinarily, this should result in the dismissal of the writ petition under Article 32 of the Constitution. However, justice to the petitioner should not become a victim of the prestige of this Court. In deciding not to dismiss the petition, we have borne in mind the fact that the Admission and Fee Regulatory Committee has issued a notice to the petitioner on 28 November 2018, fixing a hearing for the purpose of deciding upon her claim, amongst the claims of other students. The Committee, in its review order dated 29 May 2018 has already adverted to this aspect, which we have extracted earlier.
26. There is another reason why we are of the opinion that it would be inappropriate for this Court to quantify damages in the present proceedings. As we have noted earlier, another two Judge Bench of this Court issued directions by consent on 29 August 2018 requiring the first respondent to deposit "double the amount" of "the fees deposited by each one of 150 students" with the college. This batch of 150 W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 56 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 students includes the petitioner. Technically, it is true that the petitioner was not a party to the earlier proceedings and that the order dated 29 August 2018 is a consent order. However, any determination by this Court in the present proceedings of the quantum of damages payable to the petitioner would be contrary to the underlying purpose and object of the order passed by the coordinate bench. In the order dated 29 August 2018, the two Judge Bench laid down the principle - refund of double the amount of the fee - but left the exact quantification of the amount in each case to be determined by the Committee. Quantification of damages in monetary terms in the present writ petition will have a bearing on the pending proceedings before the Committee. That proceeding covers the entire batch of 150 students. Moreover, in pursuance of the order, the petitioner has received a notice from the Committee to appear in support of her claim.
27. There can be no manner of doubt that the petitioner is entitled to be compensated for the loss of a valuable year which was occasioned by the misdemeanors of the first respondent. A student who has been deprived of a valuable year in pursuing her studies, cannot be left in the lurch. It is in this background, that the explanation that the complaints made by the father of the petitioner were withdrawn only because there was an urgent need to obtain a refund of the fee, to enable the petitioner to secure admission to the Amrita Institute of Medical Sciences must be understood. Middle class parents do not have the luxury of resources. We must form a robust understanding of the circumstances in which the father of the petitioner withdrew his complaint. The Committee has in fact recorded a finding of fact that the withdrawal was not voluntary and was occasioned by the serious impediment in receiving a refund of fees. Hence, the petitioner would be entitled to the benefit of the principle which was formulated in the orders of this Court dated 29 August 2018 and 4 October 2018. Since the issue has been remitted back to the Committee by a coordinate bench, following the norm of judicial discipline, we are inclined to follow the same course of action.
28. In order not to prejudice the case of the petitioner, we leave it open to her to pursue her claim before the Committee. The petitioner would be at liberty to pursue her claim before the Committee in terms of Clause 1 of the order dated 29 August 2018 passed by this Court as clarified by the subsequent order dated 4 October 2018. We request the Admissions Committee to take a decision expeditiously and within a period of three months of the receipt of a certified copy of this judgment. All the rights and contentions of the parties are kept open." W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 57 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22
13. It is apparent from a reading of the above that the court remanded the matter to the ASC to consider the issue of compensation based on the principles adopted in the orders dated
29.08.2018 and 04.10.2018 of the Supreme Court. As already noted, the said orders directed the ASC to determine the refund amount due to the students by taking the applicable fee amount and adding thereto an amount equal to double the amount other than fee collected from the student. In our view, the payment of the latter amount ie. double of the amount other than fee, was with a view to compensate the student for the loss of a valuable year of his/her studies. In other words, while the student concerned was held entitled to a return of the fee amount paid, he/she was also entitled to double of the amount other than fee paid, by way of compensation, pursuant to a determination by the ASC of the actual amount, other than fee, that was paid by the student to the college. We are therefore not inclined to accept the contention raised by some of the learned counsel who appeared for the students that, based on the observations in Riya George (Supra), they are entitled to amounts over and above the amounts determined through the application of the formula enunciated in the orders of the Supreme Court referred above, towards additional compensation. We are of the firm view that while the observations of the court in Riya George W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 58 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 (Supra) were intended to see that students who lost a year of their study were to be suitably compensated, they were certainly not intended to confer on the students any right to claim unreasonable amounts by way of compensation and thereby unjustly enrich themselves. We are constrained to hold so because we find that some of the students, who have filed writ petitions before us impugning the order of the ASC that partly allowed their claims based on the orders of the Supreme Court referred above, have insisted on payments by the college, of amounts varying from 2 Crores to 6 Crores, towards compensation. Some of those students have also not established that they paid any amount other than the fees to the college.
14. In the backdrop of the general observations made as
(a), (b) and (c) above, we proceed to dispose the individual writ petitions after categorising them into three groups as follows:
GROUP A In these group of cases the college had repaid the exact amounts which they had collected from the students as part of the settlement and such amounts given to the similarly situated students W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 59 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 vary from case to case. It is relevant to note that all the students had been paid the respective amount claimed by them. There cannot be any reason or rationale for the college to adopt such a stand and that too in deviation of its own formula, which according to them was mistakenly made, namely, paying double the fee amount. These payments made to the students representing different figures according to us is a clear admission/acknowledgment of the amounts received from the respective students, as it is seen in all these cases that the amount claimed has been settled by refunding the exact amount in each of the above cases. In such circumstances, in these group of cases we have no hesitation to hold that the amounts paid other than the fee has been admitted by the college itself by making the refund of the same amount. The students are entitled to get the fee amount and double the amount paid by them over and above the fee. The Admission Supervisory Committee had accordingly arrived at the figure to be doubled along with the payment of fee and has calculated the final amount payable after adjusting the amount repaid to each of the students of this group. The college has contended in all these cases they have not collected any amount other than fee. If this contention was true, there was no requirement at all for the college to pay the student the exact amounts claimed by them as part of settlement. W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 60 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 (1). In WP(C).No.12737 of 2021 the ASC after adjudicating the claim of the student which amounted to Rs.47.17 lakh applying the formula directed by the Supreme Court and held that the amount payable is Rs.11.65 lakh + (35,52,000 x 2=71,04,000/-), which works out to Rs.82,69,000/- Since the college has paid the exact amount claimed by the student, the balance payable by the college to the student is Rs.35,52,000/-. The ASC has ordered this amount and no interference is warranted at our hands in judicial review of the said decision.
(2). W.P(C)No.17592 of 2021:
In this case the claim on behalf of the student was Rs.52.17 lakh paid at the time of the admission. It is seen as noted above, in this case also the college refunded an exact amount of Rs.52.17 lakh as part of the settlement. Although the ASC has considered the evidence on record since the college has paid exactly the same amount, we deem it fit to hold that the amounts paid over and above the fee represents the amount which is to be payable and paid to the students, the ASC has calculated the amount as Rs.11.65 lakh + (40,52,000 x 2 =81,04,000/-), totalling an amount of Rs.92,69,000/-. Since the college W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 61 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 had repaid a total amount of Rs.52.17 lakh the balance amount payable by the college to the student is Rs.40,52,000/-, which is the amount directed to be paid. No interference is warranted in the light of the finding we rendered with respect to these groups of cases earlier. The above writ petition is accordingly dismissed.
(3). WP(C)No.30618 of 2021:
In this case the student claimed an amount of Rs.47.17 lakh and the college had repaid an amount of Rs.47.17 lakh as part of the settlement. Accordingly, the amount payable is Rs.11.65 lakh +(3,55,200 x 2 = 71,04,000/- and the total amount payable works out to Rs.82,69,000/-, out of which the college had repaid an amount of Rs.47.17 lakh, leaving a balance of Rs.35,52,000/-. The ASC has ordered this amount to be paid and we find no illegality in the said decision. The above writ petition is accordingly dismissed.
(4). W.P(C).No.30663 of 2021:
In this case the student claimed an amount of Rs.41.17 lakh.
On going through the calculation directed by the Supreme Court, the total amount payable is Rs.11.65 lakh + (29,52,000 x 2 = 59,04,000) totalling to Rs.70,69,000/-, out of which the college had repaid an W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 62 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 amount of Rs.41.17 lakh, leaving the balance payable by the college at Rs.29,52,000/- and this has been correctly arrived at by the ASC. No interference is warranted in this case as well. The above writ petition is accordingly dismissed.
(5) . WP(C)No.30491 of 2021:
In this case the claim on behalf of the student was Rs.37.17 lakh paid at the time of the admission. The college had repaid an amount of Rs.37.17 lakh as part of the settlement. In view of the findings we rendered on this type of cases where exact amount claimed by the student has been repaid by the college, we take the amount paid other than the fee and which had to be paid as per the direction of the Supreme Court as virtually admitted by the college. Accordingly, the amount payable by the college as per the directions of the Supreme Court is Rs.11.65 lakh +(25,52,000 x 2 = 51,04,000/-) and thus total amount payable is Rs.62,69,000/- Since the college had repaid an amount of Rs.37.17 lakh as aforesaid, the balance payable by the college to the complainant is Rs.25,52,000/-. In the light of the above and on the basis of the reasons which we have already given, no interference is warranted to the orders of the ASC in the light of the finding we rendered with respect to these groups of cases earlier. The W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 63 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 above writ petition is accordingly dismissed.
(6) WP(C)No.6200 of 2022:
In this case the claim on behalf of the student was Rs.32.17 lakh. The ASC found after appreciating the evidence both oral and documentary, held that PW1 had established that an amount of Rs.32.17 lakh was paid at the time of the admission and there was nothing to discredit the same. Thus the evidence let in on behalf of the complainant was accepted. This is also a case that college had repaid the exact amount of Rs.32.17 lakh. Taking into consideration the evidence of this case as well as the findings rendered above on the similar type of cases, the amount payable is Rs.11.65 lakh +(20,52,000 x 2 = 41,04,000/-), totalling an amount of Rs.52,69,000/-. Since the college had repaid an amount of Rs.32.17 lakh as aforesaid, the balance payable amount by the college to the complainant is Rs.20,52,000/-. No interference at all is warranted to the orders of the ASC. We confirm the ASC order and dismiss the writ petition filed by the college.
(7). WP(C)No.14970 of 2021:
The claim on behalf of the student in this case was Rs.34.30 W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 64 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 lakh. The statement of accounts issued from the Bank was discussed in detail in paragraphs 10 to 13 by the ASC to arrive at a finding that the complainant had paid an amount of Rs.34.30 lakh at the time of admission of his son. The Committee after noting that an amount of Rs.34.30 lakh was paid to the complainant on the basis of the formula directed by the Supreme Court as 11.65 lakh + (22,85,000 x 2 = 45,70,000/-) totalling to Rs.57,35,000/-. Since the college had repaid an exact amount of Rs.34.50 lakh, the balance amount payable was calculated at Rs.22,85,000/-. This adjudication according to us is correctly made. It calls for no interference and the writ petition challenging the order of the ASC is accordingly dismissed.
(8). WP(C)No.30222 of 2021:
In this case the claim of the student was Rs.52.17 lakh. It is seen that the same amount has been repaid by the college as part of the settlement. Applying the formula directed by the Supreme Court, the student/candidate is entitled to get an amount of Rs.19.65 lakh (since the student is one admitted under the NRI quota and the tuition fee and the hostel fee added together comes Rs.19.65 lakh) the calculation works to 19.65 lakh + (32,52,000 x 2 = 65,04,000/-). Thus the total amount payable is Rs.84,69,000/-, out of which the college W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 65 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 had repaid an amount of Rs.52.17 lakh leaving behind a balance of Rs.32,52,000/- which was directed to be paid by the ASC to the student. No interference is warranted for the common reason set out above with respect to these group of cases. The above writ petition is accordingly dismissed.
GROUP B These are all cases where the complaints on behalf of the students were raised claiming different amounts and the college had refunded an amount of Rs.23.30 lakh each on their mistaken notion wrongly interpreting the directions of the Supreme Court. The ASC had found that the claim of the students were backed by acceptable evidence. In these group of cases, after perusing the records and hearing the learned counsel on either side, we hold that the ASC was right in appreciating the evidence adduced both oral and documentary and the calculations made were also in tune with the directions issued by the Supreme Court. No interference is warranted in any of the cases in group B. (1). W.P(C).No.13520 of 2020:
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 66 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 In this case the complainant made a claim of Rs.23.50 lakh.
The college had refunded an amount of Rs.23.30 lakh. This amount of Rs.23.30 lakh, according to the college was made on a mistaken impression that double the fee payable is to be refunded. The college filed an objection in this case stating that the student had only paid Rs.10 lakh and that they had already refunded Rs.23.30 lakh misreading the directions of the supreme court. The ASC after appreciating the evidence on record, came to a conclusion that the available evidence and circumstances clearly established payment of Rs.23.30 lakh as the said amounts were raised by the complainant and the wife for getting admission of their daughter. The Committee on the basis of the said finding calculated the amounts payable as per the formula directed by the Supreme Court as Rs.11.65 lakh + (11,85,000 x 2 = 23,70,000) totalling at Rs.35,35,000/-. Since the college had repaid an amount of Rs.23.30 lakh, the balance payable by the college to the complainant is Rs.12,05,000/-. We do not find any reason to interfere with the order of the ASC in this case, as the evidence adduced has been considered in the right perspective.
(2). W.P(C).No.13549 of 2021:
In this case the complainant paid an amount of Rs.21.65 lakh. W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 67 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 He had produced proof of payments received from KSFE towards the prized Chitty money which was deposited in the Bank. Amounts were also taken from close relatives, as considered by the ASC at paragraphs 8 to 10. A detailed examination of the evidence adduced for proving payment of the claim amount was considered by the Tribunal and accordingly it was found by the ASC that there was no material to discard the evidence let in. We do not find any error in the appreciation of evidence by the ASC. The amounts payable by the college calculated as Rs.11.65 lakh + (10,00,000 x 2 = 20,00,000/-), thus totalling to Rs.31.65 lakh. Since the college had already paid Rs.23.30 lakh after the orders of the Supreme Court, the balance payable by the college to the complainant/student was calculated as Rs.8,85,000/-. This is perfectly in consonance with the directions of the Supreme Court and taking into account all the relevant materials. In such circumstances, no interference at all is warranted with the order of the ASC. The above writ petition is accordingly dismissed.
(3) . W.P(C).No.12615 of 2021:
In this case the complainant claimed an amount of Rs.23.65 lakh. Proof was adduced producing the statement of accounts issued from the Bank. The complainant and his wife were Class 1 Officers W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 68 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 serving the Government. After considering the entire evidence and circumstances, it is found by the ASC that CW1 and his wife did raise an amount of Rs.23.65 lakh at the relevant time. Nothing is brought to our notice to discredit the claim of the complainant and appreciation of evidence in this case by the ASC warrants no interference. The College has mistakenly paid Rs.23.30 lakh wrongly interpreting the direction of the Supreme Court .The Committee found that the candidate is entitled to get Rs.11.65 lakh +(12,00,000 x 2 = 24,00,000/-) thus totalling an amount of Rs.35,65,000/-, from which the college had repaid an amount of Rs.23.30 lakh pursuant to the order of the Supreme Court as aforesaid, the balance payable by the college therefore, works out to Rs.12,35,000/- and the same has been directed by the ASC to be paid to the complainant. We find nothing wrong with the order of the ASC. Accordingly, the above writ petition is dismissed.
(4) W.P(C).No.30209 of 2021:
In this case the complainant while making a claim that he paid Rs.22 lakh towards advance and Rs.1.17 lakh towards hostel fee.
While making this claim the complainant claimed he had obtained a loan of Rs.15 lakh from the bank and had also obtained Rs.10 lakh from his brother and also balance amount from close relatives. The ASC W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 69 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 considered the evidence viz., the statement of accounts produced and had considered the entire evidence in the correct perspective, as is seen from paragraphs 6 to 12. Though the college had found that at the time of admission only Rs.10 lakh as tuition fee and 1.65 lakh as hostel fee was paid, the said contention was rightly repelled by the ASC for want of any acceptable proof. Thus, on a consideration of the entire evidence and circumstances it was concluded by the ASC that Rs.23.17 lakh was paid on behalf of the student by the complainant rejecting the contention of the college that only an amount of 11.65 lakh was paid.
Accordingly, the amount payable was worked out by the Committee as Rs.11.65 lakh + (11,52,000 x 2 = 23,04,000/-) totalling an amount of Rs.34,69,000/- . The college had repaid an amount of Rs.23.30 lakh which was mistakenly calculated and thus the balance amount payable was Rs.11,39,000/-, Since this finding is arrived after evaluating the entire evidence on record and since nothing is brought out to interfere with the findings so arrived , we find no reason to interfere with the orders of the ASC. The above writ petition is accordingly dismissed.
(5). WP(C)No.2111 of 2022:
The student in this case claimed an amount of Rs.47.17 lakh.
The college contended that the student had paid only Rs.10 lakh W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 70 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 towards tuition fee and Rs.1.65 lakh towards hostel fee. It is also stated that on their mistaken notion they had refunded Rs.33.30 lakhs. The college further submitted that another amount of Rs.20.93 lakh was paid as part of the settlement over and above Rs.23.3 lakh paid earlier.
The Committee found that the contention of the college cannot be accepted for if, as a matter of fact, the student had only paid Rs.11.65 lakh and an amount of Rs.23.30 lakh was refunded by the college, there was no need for payment of any further amount as part of settlement. The ASC also found that the certificate issued from the Co-
operative Bank proved that the father of the student had withdrawn an amount of Rs.45 lakh by closing five FDs on 31.08.2016. Withdrawal of Rs.4.90 lakh from the Axis Bank was also proved. In that view of the matter the Committee found that the evidence let in clearly established the payment of Rs.47.17 lakh at the time of admission. The Committee accordingly directed an amount of Rs 11.65 + (35,52 lakh x 2 = 71.4 lakh) making a total of Rs.82,69,000/-, out of which the college had repaid an amount of Rs.44.23 lakh, leaving a balance of Rs.38.46 lakh, we do not think that there is any error committed by the ASC in arriving at the figure. No interference is warranted, the above writ petition is dismissed.
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 71 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 (6). WP(C)No.13301 of 2020:
In this case, the complainant claimed that Rs.40 lakh was paid to the college at the time of admission of his daughter. The ASC clearly found by its finding rendered at paragraphs 9 and 10 that the complainant had taken a loan of Rs.40 lakh from the ICICI Bank and also examined the further payments withdrawn from the Bank and entered a finding that a businessman cum planter like the complainant was capable of raising Rs.40 lakh and thus the finding of the Committee is supported by evidence on record. We in exercising a judicial review of the said order, as distinct from an appellate jurisdiction, cannot interfere with the order of the ASC when it relies on acceptable evidence placed before it. No ground vitiating the order has been pointed out to us. The college had repaid an amount of Rs.38.06 lakh. As per the formula laid down by the Supreme Court since the student took admission under the NRI quota, we feel the fee paid initially was Rs.19.65 lakh and the amount paid over and above the fee being Rs.19.65 lakh, double of that comes to Rs.40,70,000/-
(20.35 lakh x 2 = 40.70 lakh), thus making a total amount payable at Rs.60,35,000/-. Deducting the amount of Rs.38.06 lakh paid by the college, the balance payable is Rs.22,29,000/- and this is the amount directed by the ASC to be paid to the complainant. We find absolutely W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 72 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 no reason to interfere with the order of the ASC in the facts stated above, and therefore, we confirm the order of the ASC. Accordingly, the above writ petition is dismissed.
(6.1). WP(C)No.25082 of 2021:
The above case is filed by the respondent in W.P(C).No.13301 of 2020 in whose favour the ASC passed the order, seeking implementation of the said order. Since we have already dismissed the writ petition filed by the college against the very same order, the above writ petition seeking implementation of the said order of the ASC is only to be allowed. Accordingly, we direct the ASC to release the amounts due to the petitioner within a period of one month from today. The writ petition is allowed as above.
GROUP C In these claims, acceptable evidence was lacking with respect to the entire amounts claimed. The ASC had on the basis of surmises entered into the findings accepting the total claim of the student. Having perused the findings of the ASC, in cases where acceptable evidence was lacking we have interfered with that portion of the claim and arrived at the figures in tune with the directions of the W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 73 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Supreme Court. However, in cases where the student has been paid more amount than what is due under the orders of the Supreme Court, we have directed the college to refrain from seeking any refund from the students, taking into account the peculiar facts and circumstance of these cases.
(1). W.P(C).No.11696 of 2021:
In this case the claim on behalf of the student is that they had paid an amount of Rs.22.65 lakh to the college. The ASC after appreciating the evidence adduced on the side of the student found that there was a payment of Rs.22.65 lakh and by doing so it accepted the contention on behalf of the student that the father of the student was a partner of M/s.Mohammed and Associates and it was the further contention that his wife has also a partner in the firm. It was also contended that the day deposit statement from the Kannur Town Service Co-operative Bank in the name of his wife and mother-in-law would show that deposits were encashed. On consideration of the entire evidence on record, we note that there is acceptable evidence only for a payment of Rs.15 lakh. The acceptance of the other evidence sought to be tendered by the complainant was not legal as the ASC has erred in accepting the entire claim of the complainant. We also find W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 74 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 force in the contention on behalf of the college that in spite of the college denying that the documents evidencing the alleged transaction were not genuine, no proof was adduced on the side of the complainant to prove the payments made by the firm by giving corroborative evidence. At the most the additional amount paid over and above the fee can only be taken as Rs.3.35 lakh thus, the claim has to reworked to be Rs.11.65 lakh + (3.35 lakh x 2 = 6.70 lakh), thus totalling an amount of Rs.18.35 lakh. The college had already repaid an amount of Rs.23.30 lakh by a mistaken notion. In the light of the above we hold that Ext.P13 is liable to be interfered with and direction to the college to make a further amount of Rs.11.65 lakh is wrong and it is set aside.
It is declared that no further amounts are payable to the student.
However, we note that the college will not be entitled to return of any amount from the student. Subject to the above the writ petition is allowed.
(2). W.P(C).No.12823 of 2021:
In this case the claim on behalf of the student is for an amount of Rs.21.65 lakh paid towards fee deposit and hostel fee. The complainant also states that they have produced the bank guarantee for Rs.40 lakh. We note straight way even if the claim of the petitioner W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 75 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 is accepted in toto, the amount payable would work out to Rs.31.65 lakh as directed by the Supreme Court (11.65 lakh + 2 x 10 lakh),the college had already returned an amount of Rs.23.30 lakh and the balance payable would come to Rs.8.35 lakh. In this case since the bank guarantee had been given on behalf of the student and that they have incurred an amount of Rs.53,000/- and the same is also added and thus total amount payable to the student comes to Rs.8.88 lakh, which we hold as the amount payable going by the directions. The ASC had directed a payment of Rs.11.65 lakh instead of Rs.8.88 lakh, the direction to pay differential amount over and above Rs.8.88 lakh is interfered with. It cannot be sustained and is set aside. It is declared that the student is entitled to get only an amount of Rs.8.88 lakh over and above the amount already received by him from the college.
Subject to this Ext.P18 is set aside and the writ petition is allowed.
(3). W.P(C).No.13008 of 2021:
In this case the claim on behalf of the student is for an amount of Rs.22.17 lakh. It is the contention that Rs.10 lakh was paid towards tuition fee and Rs.1.65 lakh was paid towards the hostel fee.
The specific contention of the college is that they had refunded an amount of Rs.23.30 lakh by a mistake. Accepting the admitted W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 76 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 contention of the parties, and going by the formula directed by the Supreme Court the student is entitled to get a total amount of Rs.11.65 lakh +10.52 lakh x 2 = 21.04 lakh - 23.30 lakh). Therefore the difference payable by the college Rs.9.39 lakh only and it is declared so. The direction in the ASC order to make a payment of Rs.11.65 lakh is clearly wrong and liable to be interfered with. Since we have already declared that the student is entitled to only an additional amount of Rs.9.39 lakh over and above the payments made by the college directions in the ASC order to pay extra amounts more than this is set aside. The writ petition is allowed to the above extent.
(4). W.P(C).No.13528 of 2020:
The student in this case claimed that an amount of Rs.36.65 lakh was paid at the time of admission. The college had resisted the claim by stating that only an amount of Rs.18 lakh was paid and on account of the mistaken impression of the directions of the Supreme Court judgment, they have already refunded an amount of Rs.36 lakh.
The ASC after considering the evidence of CW1, the father of the student found that the payments were made through bank and also borrowed from two persons whose evidence even the Committee found to be doubtful. However, it found that there was nothing unusual in W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 77 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 procuring loans from friends and relatives and raising money by the sale of gold for taking admission in professional courses like MBBS accepted the claim of the complainant that he had paid Rs.36.65 lakh.
We note that on adding up the figures received through the bank account, it comes to only Rs.10.45 lakh. The other payments on the basis of which the claim was raised was not supported by any acceptable evidence whatsoever. The payment made to the Managing Director of one Medical College who allegedly had returned the amount paid and the said amount was utilised for admission to college administration etc., cannot be accepted without there being any supporting evidence. Similarly statements of persons who were alleged to have helped the complainant by lending loans cannot be believed in the absence of any material to support the said contention. On the basis of surmises and conjunctures the ASC found that there is nothing unusual in procuring loans. We cannot agree. In this case since the college has admitted that the student has made a payment of Rs.18 lakh we are taking the amount paid by the student as Rs.18 lakh. We are in no position to accept the remaining claim of the complainant as this is a case of no evidence. In that view of the matter we find that since the college has already repaid Rs.36 lakh, taking Rs.18 lakh as the amount paid by the student, the further direction of the ASC to W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 78 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 make a payment of Rs.15.65 lakh by the impugned order is liable to be interfered with. (19.65 lakh +16 lakh x 2 = 51,65,000 - 36 lakh = 15.65 lakh). As stated earlier, in the absence of any acceptable proof of having made any additional payment over and above Rs.18 lakh, admitted by the college, for which they have repaid Rs.33 lakh, the order of the ASC to the extent it directs to make a further payment of Rs.15.65 lakh is liable to be interfered with. Accordingly, the order of the ASC, Ext.P11 is set aside. On the facts and circumstances of the case we are not directing the student to return the amount received from the college and he will be allowed to retain the amount received from the college. He will not be entitled to claim any further amount from the college. Subject to this direction, this writ petition is allowed as above and the order of the ASC, Ext.P11 in so far as it directs payment of Rs.15.65 lakh is set side.
(5). W.P(C).No.13042 of 2020:
In this case the contention on behalf of the student is that he had paid an amount of Rs.21.03 lakh to the college. The college resisted the claim by pointing out that the complainant had paid only Rs.10 lakh as tuition fee and Rs.1.03 lakh towards the hostel fee and by a mistaken notion the college had already refunded an amount of W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 79 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Rs.22.06 lakh, when as a matter of fact the student was not entitled to get anything more than the fee paid, going by the directions of the Supreme Court. The ASC considering the evidence on record found proof for the payment of the entire amount. We on a perusal of the evidence on record could find acceptable evidence only for an amount of Rs.15 lakh. The remaining payments claimed by the complainant, and which was considered by the ASC at paragraph 10 in Ext.P11 order, is on the basis of a declaration of one Kunhiraman of having made a payment of Rs.3 lakh to CW1. In this case also the ASC proceeded on the assumption that it is quite natural that parents collect loan from their friends and relatives for the admission of their children, which is not supported by any evidence on record. The finding that CW1 had raised Rs.21.03 lakh at the time of admission of his son is not backed by any acceptable evidence. There is proof only for an additional amount of Rs.2 lakh over and above the fee of Rs.11.03 lakh collected, and on this basis the amount payable to the student when calculated, it could be seen that the student is entitled to get Rs.11.03 lakh + (2,00,000 x 2 = 4,00,000/-) thus totalling to Rs.15.03 lakh. The college has already refunded Rs.22.06 lakh on a mistaken impression. Since we hold that the student is entitled only to get an amount of Rs.15.03 lakh and that he had already received W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 80 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Rs.22.06 lakh from the college, the direction in the ASC order to make a further payment of Rs.8.97 lakh has to be interfered with.
Accordingly, it is set aside. It is declared that the student is not entitled to get any amount more. However, on the basis of our finding the college cannot recover the extra amounts paid to the student. In the result, Ext.P11 is set aside in so far it directs payment of Rs.8.97 lakh to the student. The writ petition is allowed subject to the above direction.
(6). W.P(C).No.10977 of 2021:
In this case the contention on behalf of the student that he had paid an amount of Rs.11.02 lakh towards tuition fee and special fee and also claimed Rs.2 crore towards compensation. We straight away notice that even accepting the case of the complainant in toto, going by the formula directed by the Supreme Court the student is entitled to only get the fee back namely Rs.11.04 lakh. The college in this case also has mistakenly paid an amount of Rs.22.06 lakh. The ASC has directed a further payment of Rs.3.96 lakh. We hold that the said order of the ASC directing this is without any basis and contrary to the directions of the Supreme Court. Accordingly, Ext.P16 order is set aside in so far it directs the payment of Rs.3.96 lakh to the W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 81 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 complainant. However, we direct that the college will not be entitled to recover any amounts paid to the student and the student will be entitled to retain the amount paid by the college. Subject to the above direction Ext.P16 is set aside. The writ petition is allowed.
(6.1). W.P(C)No.20648 of 2021:
It is filed by the student claiming compensation of Rs.2 crores as he complains that he has lost three years. There is no basis for this fanciful claim. As we have already found by our judgment in WP(C)No.10977 of 2021, the ASC has ordered more amount than what the Supreme Court directed to be paid and we have interfered with the order of the ASC with respect to the same student. Since the claim of the petitioner cannot be accepted and we have already given our finding in this judgment, finding that the direction of the Supreme Court did not intend the student to claim any unreasonable amount by way of compensation or to unjustly get enriched, the above writ petition is only to be dismissed and we do so.
(7). W.P(C)No.11671 of 2021:
In this case the claim on behalf of the student was for an amount of Rs.16.65 lakh. It is resisted by the college stating that only W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 82 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Rs.10 lakh was paid at the time of admission and on the basis of its erroneous understanding of the Supreme Court directions, the college had already refunded Rs.20 lakhs, and that there is no basis for the further claim by the student. On going through the evidence adduced in this case it is seen that there is evidence for payment of Rs.5 lakh over and above the fees paid. The specific case of the college in this case is that the student had made only a payment of Rs.11.65 lakh and it specifically denies the payment of Rs.5 lakh over and above the admitted payment. It is also stated by the college that when the said amount was received by DD there was no necessity at all to make a payment of Rs.5 lakh in cash for which there has not been any proof at all. It is alternatively contended that even if the claim of the student is accepted as Rs.16.65 lakh she is only entitled to get an amount of Rs.21.65 lakh being a total of fee paid + double of the amount paid other than fee. In the instant case the college had already remitted Rs.20 lakh and what is payable to the student, even if the payment of Rs.16.65 lakh as claimed is accepted, will only be a further amount of Rs.1.65 lakh. The direction of the ASC to pay Rs.11.65 lakh is contrary to the directions of the Supreme Court and without any basis.
Accordingly, Ext.P12 order is interfered with and it is declared that the student is entitled to get only an amount of Rs.1.65 lakh more. Subject W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 83 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 to the above Ext.P12 is quashed and the writ petition is allowed.
(7.1). W.P(C).No.20628 of 2021:
The above case is filed by the father of the student, claiming a compensation of Rs.6 crore. We have already interfered with the order of the ASC with respect to the student by our judgment in WP(C)No.11671 of 2021. We have calculated the amount due to the student as Rs.1.65 lakh more apart from the amount already paid by the college. We also note that we have arrived at the said figure on the basis of the formula directed by the Supreme Court and no further amount shall be made to the student. The fanciful claim for compensation without any rhyme, reason or rationale, cannot be entertained. Accordingly, the writ petition fails and it is accordingly dismissed.
(8). W.P(C).No.26808 of 2021:
In this case the claim on behalf of the student is for an amount of Rs.21.03 lakh. Even if the claim of the student is accepted in toto, it comes to Rs.11.03 lakh + (2 x 10 lakh =20 lakh), thus totalling to Rs.31.03 lakh. The college had already repaid amount an amount of Rs.23.03 lakh going by its understanding of the formula directed by the W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 84 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Supreme Court and hence the college is bound to make a further payment of Rs.7.73 lakh. The direction in the ASC order to make a further payment of Rs.11.65 lakh is wrong and is therefore set aside.
The complainant is entitled to get only Rs.7.73 lakh more from the college. Ext.P12 order of the ASC is set aside to the above limited extent and the writ petition is partly allowed.
(9). W.P(C).No.26824 of 2021:
In this case the claim on behalf of the complainant is that she has paid Rs.11.65 lakh at the time of admission and she seeks a further amount of Rs.2 crore towards compensation. It is to be noted that going by the direction of the Supreme Court the complainant is entitled to get only Rs.11.65 lakh and nothing more. The college, on a mistaken notion has already paid Rs.23.60 lakh and we hold that even accepting the case of the complainant, nothing more is to be paid. The ASC however has directed the college to make a payment of Rs.3.30 lakh more placing reliance on the judgment in Riya George (supra), and to the extent it directs payment of Rs.3.30 lakh, the order of the ASC is set aside. However, the college will not be entitled to claim refund of the amount paid to the student. Subject to the above, the writ petition is allowed.
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 85 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 (10). W.P(C).No.26870 of 2021:
The contention on behalf of the student in this case is that they have paid an amount of Rs.11.65 lakh at the time of admission.
Going by the contention of the complainant they are not entitled to get anything more than Rs.11.65 lakh, paid as fee to the college. We note that the college has already repaid the amount of Rs.20 lakh and as such the directions in the order of the ASC the college to make a further payment of Rs.3.30 lakh is wrong and liable to be interfered with. There is no basis for arriving at a figure of Rs.3.30 lakh contrary to the directions of the Supreme Court. We also direct that the college will not be entitled to make any claim for refund from the student. Subject to the above the writ petition is allowed.
(10.1). W.P(C).No.7564 of 2022:
This writ petition is filed by a student in WP(C)No.26870 of 2021 seeking to challenge the order of the ASC, Ext.P5, (which we have already interfered with in WP(C)No.26870 of 2021). We have found by our judgment in WP(C)No.26870 of 2021 that the student was not entitled to anything more than the fee going by the directions of the Supreme Court and the claim for compensation and also the challenge W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 86 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 to the order of the ASC which declined payment of compensation to her cannot be sustained. Accordingly, the above writ petition is dismissed.
The writ petitions having been disposed as above, we direct that in those cases where differential amounts have been found payable to the students concerned by the college, the ASC shall release the amounts to the student concerned from the amounts deposited by KMC with the Committee pursuant to the orders of the Supreme Court, within a month from the date of production of a copy of this judgment before it by the student/parent concerned.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
MOHAMMED NIAS C.P. JUDGE prp/dlk W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 87 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF WP(C).NO.17592/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) NO.23225/2018 DATED 29.8.18.
Exhibit P2 RUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO.2354/18 IN SLP(C) NO.23225/2018 DATED 4.10.2018 Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18.2.2021 IS PRODUCED Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 8.6.2018 FILED BY THE 1ST PETITIONER Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 2.12.2018 Exhibit P7 TRUE COPY OF THE PETITION DATED 2.12.2018 FILED BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 13.12.2018 Exhibit P9 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH DOCUMENTS AND DEPOSITION Exhibit P10 TRUE COPY OF THE JUDGMENT IN WPC.26995/19 Exhibit P11 TRUE COPY OF THE MINUTES DATED 9.3.2021 W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 88 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Exhibit P12 TRUE COPY OF THE ORDER NO.ASC(P) 59/18/HO/TVPM/MBBS/KMC DATED 7.4.2021.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A): TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V. KANNUR MEDICAL COLLEGE AND OTHERS 2019 (3) SCALE 662.
EXHIBIT R1(B): TRUE COPY OF THE JUDGMETN DATED 30.06.2020 IN W.P.(C).NO.1272/2020.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 89 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.13042/2020 PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13/08/2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (C) NO.23225/2018 OF THE HON'BLE SUPREME COURT DATED 29/8/2018.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN M..NO.2354/2018 IN SLP(C) NO.23225/2018 DATED 4/10/2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN CONTEMPT PETITION NO.908/2019 OF THE HON'BLE SUPREME COURT IN SLP(C) NO.23225/2018 DATED 27/9/2019.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 19/7/2018.
EXHIBIT P6 TRUE COPY OF THE STATEMENT FILED BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
EXHIBIT P8 TRUE COPY OF THE UNDERTAKING DATED 18/01/2018.
EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT DATED 9/1/2019.
EXHIBIT P10 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH DEPOSITION DATED 10.1.2020.
EXHIBIT P11 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN ASC (P)91/18/HO/TVPM/MBBS/KMC DATED 5/2/2020. W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 90 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 91 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.13301/2020 PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.08.2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (C0 NO.23225/2018 OF THE HON'BLE SUPREME COURT DATED 29.08.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN MA NO.2354/2018 IN SLP (C)
NO.23225/2018 DATED 04.10.2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN CONTEMPT PETITION
NO.998/2019 OF THE HON'BLE SUPREME COURT IN SLP(C) NO.23225/2018 DATED 27.09.2019.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 28.07.2018.
EXHIBIT P6 TRUE COPY OF THE STATEMENT FILED BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
EXHIBIT P8 TRUE COPY OF THE UNDERTAKING DATED 18.01.2018.
EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT DATED 09.01.2019.
EXHIBIT P10 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH STATEMENT AND DEPOSITION.
EXHIBIT P11 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN ASC (P) 91/18/HO/TVPM/MBBS/KMC DATED 09.01.2020. W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 92 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 93 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.13520/2020 PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13/08/2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (C) NO.23225/2018 OF THE HON'BLE SUPREME COURT DATED 29/8/2018.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN M..NO.2354/2018 IN SLP (C)
NO.23225/2018 DATED 4/10/2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN CONTEMPT PETITION
NO.908/2019 OF THE HON'BLE SUPREME COURT IN SLP(C) NO.23225/2018 DATED 27/9/2019.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 18/4/2019.
EXHIBIT P6 TRUE COPY OF THE STATEMENT FILED BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 21/10/2019.
EXHIBIT P8 TRUE COPY OF THE DEPOSITION ALONG WITH DOCUMENTS.
EXHIBIT P9 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN ASC(P) 79/19/HO/TVPM/MBBS/KMC DATED 24/12/2019. W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 94 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 95 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF WP(C).NO.13528/2020 PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.8.2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (C) NO.23225/2018 OF THE HON'BLE SUPREME COURT DATED 29.8.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN M.A.NO.2354/2018 IN SLP(C)
NO.23225/2018 DATED 4.10.2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN CONTEMPT PETITION
NO.908/2019 OF THE HON'BLE SUPREME COURT IN SLP(C) NO.23225/2018 DATED 27.9.2019.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 31.8.2018.
EXHIBIT P6 TRUE COPY OF THE STATEMENT FILED BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
EXHIBIT P8 TRUE COPY OF THE UNDERTAKING DATED 18.1.18.
EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT DATED 9.1.2019.
EXHIBIT P10 TRUE COPY OF THE PROOF AFFIDAVIT DATED 29.1.2020 ALONG WITH DEPOSITION.
EXHIBIT P11 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN ASC (P) 91/18/HO/TVPM/MBBS/KMC DATED 12.2.2019. W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 96 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 97 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.13549/2020 PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.08.2018.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (C) NO.23225/2018 OF THE HON'BLE SUPREME COURT DATED 29.08.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER IN THE HON'BLE SUPREME
COURT IN M.A.NO.2354/2018 IN SLP(C)
NO.23225/2018 DATED 04.10.2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN CONTEMPT PETITION
NO.908/2019 OF THE HON'BLE SUPREME COURT IN SLP(C) NO.23225/2018 DATED 27.09.2019.
EXHIBIT P5 TRUE COPY OF THE STATEMENT FILED BEFORE THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
EXHIBIT P7 TRUE COPY OF THE UNDERTAKING DATED 18.01.2018.
EXHIBIT P8 TRUE COPY OF THE PROOF AFFIDAVIT DATED 22.1.2020.
EXHIBIT P9 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH DEPOSITION DATED 22.1.2020.
EXHIBIT P10 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 98 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 ASC (P) 91/18/HO/TVPM/MBBS/KMC DATED 20.02.2020.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 99 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.10977/2021 PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP(C) NO.23225/2018 DATED 29.08.18.
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN MA NO. 2354/18 IN SLP(C)
NO.23225/2018 DATED 04.10.2018.
EXHIBIT P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEALS NO. 596/2021 AND CONNECTED CASES DATED 18.02.2021.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT, DATED 30.08.2018.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBSEQUENTLY FILED BY THE 1ST RESPONDENT, DATED 02.05.2019.
EXHIBIT P6 TRUE COPY OF THE OBJECTION STATEMENT FILED BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED BY COLLEGE.
EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT DATED 09.1.2019.
EXHIBIT P9 TRUE COPY OF THE RECEIPT ISSUED BY YENEPOYA MEDICAL COLLEGE.
EXHIBIT P10 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH DEPOSITION BY THE 1ST RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE ORDER IN WPC. 35043/2019 DATED 11.08.2020 BY THIS HON'BLE COURT.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WPC 34904/2019 W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 100 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 DATED 19.11.2020 BY THIS HON'BLE COURT.
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 13.01.2020 BY THE 2ND RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 01.03.2021 BY THE 2ND RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE MINUTES DATED 09.03.2021 BY THE 2ND RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE ORDER DATED 18.03.2021 BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE CBSE - NATIONAL ELIGIBILITY CUM ENTRANCE TEST UG 2016 RESULTS.
EXHIBIT R1(B) TRUE COPY OF THE NOTIFICATION DATED 17.09.2016 PUBLISHED BY THE ADMISSION SUPERVISORY COMMITTEE.
EXHIBIT R1(C) TRUE COPY OF THE PRINTOUT RELATING TO THE REGISTRATION OBTAINED FROM THE WEBSITE.
EXHIBIT R1(D) TRUE COPY OF REGISTRATION SHEET ISSUED BY THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS FOR THE SPOT ADMISSION SCHEDULED ON 07.10.201 EXHIBIT R1(E) TRUE COPY OF THE NOTICE 31.03.2017 BEARING NO.6558/ACA/KUHS/2016.
EXHIBIT R1(F) TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA DATED 24.07.2017.
EXHIBIT R1(G) TRUE COPY OF THE COMPLAINT FILED BEFORE ASC W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 101 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 DATED 29.04.2019.
EXHIBIT R1(H) TRUE COPY OF THE FEE STRUCTURE OF YENAPOYA MEDICAL COLLEGE FOR THE YEAR 2019-20.
EXHIBIT R1(I) TRUE COPY OF THE ORDER DATED 29.08.2018 IN SLP NO.23225/18.
EXHIBIT R1(J) TRUE COPY OF THE ORDER DATED 4.10.18 ISSUED BY THE HON'BLE SUPREME COURT.
EXHIBIT R1(K) TRUE COPY OF THE ORDER DATED, 18.03.2021 ISSUED BY THE ASC.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 102 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.11671/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP(C) NO.23225/2018 DATED 29.08.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO.2354/18 IN SLP(C) NO.23225/2018 DATED 04.10.2018.
Exhibit P3 TRUE COPY OF THE JUDGEMNT IN CIVIL APPEALS NO.596/2021 OF THE SUPREME COURT DATED 18.02.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 31.08.2018 FILED BY THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER., Exhibit P6 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH DEPOSITION AND DOCUMENTS.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 19.11.2020 IN WPC 34904/2019 OF THIS HONBLE COURT.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC 35043/2019 OF THIS HONBLE COURT DATED 11.08.2020.
Exhibit P9 TRUE COPY OF THE ORDER NO.ASC(P) 59,91/18/HO/TVPM/MBBS/KMC DATED 13.01.2020.
Exhibit P10 TRUE COPY OF THE NOTICE DATED 01.03.2021 NO.ASC(P) 59,91/18/HO/TVPM/MBBS/KMC.
Exhibit P11 TRUE COPY OF THE MINUTES DATES 09.03.2021.
Exhibit P12 TRUE COPY OF THE ORDER NO.ASC(P) W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 103 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 59,91/18/HO/TVPM/MBBS/KMC DATED 20.03.2021.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A): TRUE COPY OF THE CBSE-NATIONAL ELIGIBILITY CUM ENTRANCE TEST UG 2016 RESULTS.
EXHIBIT R1(B): TRUE COPY OF THE NOTIFICATION DATED 17.09.2016 PUBLISHED BY TEH ADMISSION SUPERVISORY COMMITTEE.
EXHIBIT R1(C): TRUE COPY OF THE PRINTOUT RELATING TO THE REGISTRATION OBTRAINED FROM THE WEBSITE.
EXHIBIT R1(D): TRUE COPY OF REGISTRATION SHEET ISSUED BY THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS FOR THE SPOT ADMISSION SCHEDULED ON 07.10.2016.
EXHIBIT R1(E): TRUE COPY OF THE NOTICE 31.03.2017 BEARING NO.6558/ACA/KUHS/2016.
EXHIBIT R1(F): TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA DEATED 24.07.2017.
EXHIBIT R1(G): TRUE COPY OF THE COMPLAINT FILED BEFORE ASC DATED 18.01.2019.
EXHIBIT R1(H): TRUE COPY OF THE ORDER DATED 29.08.2018 IN SLP NO.23225/18.
EXHIBIT R1(I): TRUE COPY OF THE ORDER DATED 4.10.18 ISSUED BY THE HON'BLE SUPREME COURT.
EXHIBIT R1(J): TRUE COPY OF THE ORDER DATED 20.03.2021 ISSUED BY THE ASC.
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 104 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 EXHIBIT R1(K): RESULT SUBMISSION REPORT NEET (UG) DATED 02.07.2017.
EXHIBIT R1(L): REGISTRATION SLIP MOP-UP COUNSELLING AND ADMISSION TO MBBS COURSE 2019 DATED 03.08.2019.
EXHIBIT R1(M): TRUE COPY OF THE REGISTRATION DETAILS FOR NEET EXAMINATION DATED 17.07.2021.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 105 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.11696/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP(C) NO.23225/2018 DATED 29.08.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO.2354/18 IN SLP(C) NO.23225/2018 DATED 04.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGEMNT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18.2.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 18.07.2018 FILED BY THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE STATEMENT GIVEN BY THE COLLEGE.
Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
Exhibit P7 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH DOCUMENTS AND DEPOSITION.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC 34904/2019 OF THIS HONBLE COURT DATED 19.11.2020.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 35043/2019 OF THIS HON'BLE COURT DATED 11.8.2020.
Exhibit P10 TRUE COPY OF THE ORDER NO.ASC(P) 91/18/HO/TVPM/MBBS/KMC DATED 13.01.2020.
Exhibit P11 TRUE COPY OF THE NOTICE NO.ASC (P) 59,91/18/HO/TVPM/MBBS/KMC DATED 01.03.2021.
Exhibit P12 TRUE COPY OF THE MINUTES DATED 09.03.2021. W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 106 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 TRUE COPY OF THE ORDER NO.ASC(P)/91/18/HO/TVPM/MBBS/KMC DATED Exhibit P13 24.03.2021.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 107 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF WP(C).NO.12615/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HONBLE SUPREME COURT IN SLP (C) NO. 23225/2018.
Exhibit P2 TRUE COPY OF THE ORDER OF THE HONBLE SUPREME COURT IN MA NO. 2354/18 IN SLP (C) NO.
23225/2018 DATED 4.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGE IN CIVIL APPEAL NO. 596/2021 AND CONNECTED CASES DATED 18.2.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT DATED 13.6.18.
Exhibit P5 TRUE COPY OF THE STATEMENT BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 13.12.2018 FIELD BY THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE PETITION DATED 13.12.2018 FIELD BY THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 13.12.2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 26995/19 DATED 22.11.2019 OF THIS HONBLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE ASC (P) 66/18/HO/TVPM/MBBS/KMC DATED 4.3.2021 Exhibit P11 TRUE COPY OF THE AFFIDAVIT DOCUMENTS AND W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 108 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 DEPOSITION OF THE 1ST RESPONDENT.
Exhibit P12 TRUE COPY OF THE ORDER NO. ASC (P) 66/8/HO/TVPM/MBBS/KMC DATED 30.03.2021.
RESPONDENTS EXHIBITS NIL.
//TRUE COPY//
P.S. TO JUDGE
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 109 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.12737/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) NO.23225/2018 DATED 29.08.2018.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO.2354/2018 IN SLP(C) NO.23225/2018 DATED 04.10.2018.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18.02.2021 OF THE HON'BLE SUPREME COURT.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 10.06.2018 BEFORE THE 2ND RESPONDENT FILED BY THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT DATED 17.12.2018.
Exhibit P7 TRUE COPY OF THE PETITION FILED BY THE 1ST RESPONDENT DATED 17.12.2018 FILED BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF ASC PROCEEDINGS DATED 03.01.2019.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 26995/2019 DATED 22.11.2019 OF THIS HON'BLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE NO.ASC(P) 55,56,57,
58, 59, 60, 61, 62, 63,
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 110 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 66/18/HO/TVPM/MBBS/KMC DATED 04.03.2021.
Exhibit P11 TRUE COPY OF THE AFFIDAVIT DOCUMENTS AND DEPOSITION OF THE 1ST RESPONDENT DATED 23.09.2019.
Exhibit P12 TRUE COPY OF THE ORDER NO.ASC(P) 62/18/HO/TVPM/MBBS/KMC DATED 26.03.2021.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A): TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V. KANNUR MEDICAL COLLEGE AND OTHERS, 2019 (3) SCALE 662.
EXHIBIT R1(B): TRUE COPY OF THE JUDGMENT DATED 30.06.2020 IN W.P.(C).NO.1272/2020.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 111 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.12823/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HONBLE SUPREME COURT IN SLP (C) NO. 23225/2018 DATED 29.08.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE HONBLE SUPREME COURT IN MA NO. 2354/18 IN SLP (C) NO.
23225/2018 DATED 4.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO. 596/2021 AND CONNECTED CASES DATED 18.2.2021 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 1.6.2018 BEFORE THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE PROSPECTUS OF THE PETITIONER COLLEGE APPROVED BY THE ASC.
Exhibit P6 TRUE COPY OF THE NOTIFICATION OF THE CEE (COMMISSIONER FOR ENTRANCE EXAMINATION) NOTIFICATION.
Exhibit P7 TRUE COPY OF THE NOTICE NO. ASC(P) 47/18/HO/TVPM/MBBS/KMS DATE 6.6.2018 ISSUED BY THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE OBJECTION FIELD BY THE
PETITIONER COLLEGE BEFORE THE 2ND
RESPONDENT.
Exhibit P9 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 112 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 THE 1ST RESPONDENT DATED 17.12.2018.
Exhibit P10 TRUE COPY OF THE MINUTES OF THE 2ND RESPONDENT DATED 22.2.2018.
Exhibit P11 TRUE COPY OF THE MINUTES OF THE 2ND RESPONDENT DATED 1.1.2019.
Exhibit P12 TRUE COPY OF THE NOTICE NO. ASC(P) 47,56/18/HO/TVPM/MBBS/KMC DATED 1.10.2019.
Exhibit P13 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT IN WPC 26995/19 DATED 22.11.2019.
Exhibit P14 TRUE COPY OF THE NOTICE NO. SC(P) 47/18/HO/TVPM/MBBS/KMC DATED 2.3.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P15 TRUE COPY OF THE AFFIDAVIT, DOCUMENTS AND DEPOSITION OF THE IST RESPONDENT DATED 11.12.2019.
Exhibit P16 TRUE COPY OF THE JUDGMENT IN WPC 35043/2019 OF THIS HONBLE COURT.
Exhibit P17 TRUE COPY OF THE JUDGMENT IN WPC 34904/2019 OF THIS HONBLE COURT.
Exhibit P18 TRUE COPY OF THE ORDER NO. ASC(P) 91/18/HO/TVPM/MBBS/KMC DATED 26.3.21.
RESPONDENTS EXHIBITS NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 113 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.13008/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP(C)NO.23225/2018 DATED 29.08.18 Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO.2354/18 IN SLP(C)NO.23225/18 DATED 4.10.2018 Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18.2.2021 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 30.08.2018 FILED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 12.1.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE MINUTES DATED 14.1.2019 Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C)N0.26995/19 DATED 22/11/2019 OF THIS HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE PROOF AFFIDAVIT DATED 18.12.2019 AND DOCUMENTS Exhibit P10 TRUE COPY OF THE COPY PROOF AFFIDAVIT DATED 2.1.2020 W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 114 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Exhibit P11 TRUE COPY OF THE PROOF AFFIDAVIT DATED 4.1.2020 Exhibit P12 TRUE COPY OF THE NOTICE NO.ASC(P)/91/18/HO/TVPM/MBBS/KMC DATED 2.3.2021 OF THE 2ND RESPONDENT Exhibit P13 TRUE COPY OF THE DEPOSITION DATED 15.3.202 OF THE 1ST RESPONDENT Exhibit P14 TRUE COPY OF THE JUDGMENT IN WP(C)NO.34904/2019 OF THIS HON'BLE COURT DTD 19.11.20 Exhibit P15 TRUE COPY OF THE JUDGMENT IN WP(C)NO.35043/2019 OF THIS HON'BLE COURT DTD 11.8.20 Exhibit P16 TRUE COPY OF THE ORDER NO.ASC(P)91/18/HO/TVMP/MBBS/KMC DATED 30.3.2021 ISSUED BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 115 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.14970/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP(C) NO.23225/2018 DATED 29.08.18 Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO.2354/18 IN SLP (C) NO.23225/2018 DATED 4/10/2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18/2/2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 8/6/2018 FILED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 2/12/2018 FILED BY THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE PETITION DATED 2/12/2018 FILED BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 13.12.2018 Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 26995/19 DATED 22/11/2019 OF THIS HON'BLE COURT. W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 116 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Exhibit P10 TRUE COPY OF THE NOTICE NO.ASC(P) 57/18/HO/TVMPM/MBBS/KMC DATED 4/3/2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE AFFIDAVIT, DOCUMENTS AND DEPOSITION OF THE 1ST RESPONDENT DATED 17/3/2021.
Exhibit P12 TRUE COPY OF THE ORDER
NO.ASC(P)57/18/HO/TVPM/MBBS/KMC DATED
30.3.21 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT EXHIBITS:
Exhibit R1(a) TRUE COPY OF THE DEMAND DRAFT OF RS.4.68
LAKHS.
Exhibit R1(b) TRUE COPY OF THE CASH RECEIPT FOR RS.6052
LAKHS.
Exhibit R1(c) COPY OF THE JUDGMENT IN RIYA GEORGE.V.
KANNUR MEDICAL COLLEGE AND OTHERS, 2019(3) SCALE 662.
Exhibit R1(d) TRUE COPY OF THE ORDER DATED 26/03/2021.
Exhibit R1(e) COPY OF THE JUDGMENT DATED 30/06/2020 IN WPC.NO.1272/2020.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 117 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.20628/2021 PETITIONER EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE CBSE-NATIONAL ELIGIBILITY CUM ADMISSION TEST UG 2016 RESULTS Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 17-09-2016 PUBLISHED BY THE ADMISSION SUPERVISORY COMMITTEE Exhibit P3 TRUE COPY OF THE PRINTOUT RELATING TO THE REGISTRATION OBTAINED FROM THE WEBSITE Exhibit P4 TRUE COPY OF REGISTRATION SHEET ISSUED BY THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS FOR THE SPOT ADMISSION SCHEDULED ON 07-10-2016 Exhibit P5 TRUE COPY OF THE NOTICE 31-03-2017 BEARING NO.
6558/ACA/KUHS/2016 Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA DATED 24-07-2017 Exhibit P7 TRUE COPY OF THE COMPLAINT FILED BEFORE ASC DATED 18-01-2019 Exhibit P8 TRUE COPY OF THE ORDER DATED 29-08-2018 IN SLP NO. 23225/18 Exhibit P9 TRUE COPY OF THE ORDER DATED 4-10-2018 ISSUED BY THE HON'BLE SUPREME COURT Exhibit P10 TRUE COPY OF THE ORDER DATED 18-03-2021 ISSUED BY THE ASC W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 118 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Exhibit P11 RESULT SUBMISSION REPORT NEET (UG) DATED 02- 07-2017 Exhibit P12 REGISTRATION SLIP MOP-UP COUNSELLING AND ADMISSION TO MBBS COURSE 2019 DATED 03-08-2019 Exhibit P13 TRUE COPY OF THE REGISTRATION DETAILS FOR NEET EXAMINATION DATED 17-07-2021 Exhibit P14 COPY OF THE JUDGEMENT DATED 13-12-2019 OF THE HON'BLE SUPREME COURT OF INDIA IN CIVIL APPEAL NO.1081/2017 RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 119 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.20648/2021 PETITIONER EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE CBSE-NATIONAL
ELIGIBILITY CUM ENTRANCE TEST UG 2016
RESULTS.
Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED
17.09.2016 PUBLISHED BY THE ADMISSION
SUPERVISORY COMMITTEE.
Exhibit P3 TRUE COPY OF THE PRINTOUT RELATING TO THE
REGISTRATION OBTAINED FROM THE WEBSITE.
Exhibit P4 TRUE COPY OF REGISTRATION SHEET ISSUED BY THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS FOR THE SPOT ADMISSION SCHEDULED ON 04.10.2016.
Exhibit P5 TRUE COPY OF THE NOTICE 31.03.2017 BEARING NO.6558/ACA/KUHS/2016.
Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA DATED 24.07.2017.
Exhibit P7 TRUE COPY OF THE COMPLAINT FILED BEFORE ASC DATED 29.04.2019.
Exhibit P8 TRUE COPY OF THE FEE STRUCTURE OF YENAPOYA MEDICAL COLLEGE FOR THE YEAR 2019-2020.
Exhibit P9 TRUE COPY OF THE ORDER DATED 29.08.2018 IN SLP NO.23225/18.
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 120 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Exhibit P10 TRUE COPY OF THE ORDER DATED 04.10.18 ISSUED BY THE HON'BLE SUPREME COURT.
Exhibit P11 TRUE COPY OF THE ORDER DATED 18.03.2021 ISSUED BY THE ASC.
RESPONDENTS EXHIBITS NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 121 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.25082/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE SAID ORDER OF ADMISSION SUPERVISORY COMMITTEE DATED 9.1.2020 Exhibit P2 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL © NO.596/2021 DATED 18.2.2021.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 122 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.26808/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP(C0 NO. 23225/2018 DATED 29-08-2018 Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO 2354/18 IN SLP (C) NO. 23225/2018 DATED 4-10-2018 Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO. 596/2021 AND CONNECTED CASES DATED 18-2-2021 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 6-7-2018 FILED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 9-1-2019 BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP(C) NO.26995/19 DATED 22-11-2019 OF THIS HONBLE COURT Exhibit P8 TRUE COPY OF THE NOTICE NO.
ASC(P)/82/18/HO/TVPM/MBBS/KMC DATED 4-3-2021 Exhibit P9 TRUE COPY OF THE PROOF AFFIDAVIT OF WITNESS AND DEPOSITION DATED 19-3-2021 Exhibit P10 TRUE COPY OF THE JUDGMENT IN WPC 34904/2019 W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 123 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 OF THIS HONBLE COURT DTD 19-11-2020 Exhibit P11 TRUE COPY OF THE JUDGMENT IN WPC 35043/2019 OF THIS HONBLE COURT DTD 11-08-2020 Exhibit P12 TRUE COPY OF THE ORDER NO. ASC(P) 82/18/HO/TVPM/MBBS/KMC DATED 16-4-2021 ISSUED BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 124 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.26824/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP(C)NO. 23225/2018 DATED 29-08- 2018 Exhibit P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP (C) NO 23225/2018 DATED 4-10- 2018 Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEALS NO. 596/2021 AND CONNECTED CASES DATED 18-02-2021 Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT DATED 23-07-2018 Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER.
Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE Exhibit P7 TRUE COPY OF THE AFFIDAVIT DATED 9-1-2019 Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC DATED 22-11- 2019 Exhibit P9 TRUE COPY OF THE NOTICE NO. ASC (P) W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 125 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 91/18/HO/TVPM/MBBS/KMC DATED 8-3-2021 Exhibit P10 TRUE COPY OF THE PROOF AFFIDAVIT AND DEPOSITION DATED 22-03-2021 Exhibit P11 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
35043/2019 DATED 11-08-2020 Exhibit P12 TRUE COPY OF THE JUDGMENT IN WPC 34904/2019 DATED 19-11-2020 Exhibit P13 TRUE COPY OF THE ORDER DATED 5-4-2021 ISSUED BY THE 2ND RESPONDENT RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 126 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF WP(C).NO.26870/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN SLP(C)NO.23225/2018 DATED
29.08.2018.
Exhibit P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME
COURT IN SLP(C)NO.23225/2018 DATED
04.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN
CIVIL APPEALS NO.596/2021 AND CONNECTED CASES DATED 18.02.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT, DATED 20.07.2018.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER.
Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE COLLEGE.
Exhibit P7 TRUE COPY OF THE AFFIDAVIT DATED 09.01.2019.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO.26995/19 DATED 22.11.2019.
Exhibit P9 TRUE COPY OF THE PROOF AFFIDAVIT DATED 07.12.2019.
Exhibit P10 TRUE COPY OF NOTICE
NO.ASC(P)/91/18/HO/TVPM/MBBS/KMC DATED
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 127 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 01.03.2021.
Exhibit P11 TRUE COPY OF THE DEPOSITION OF THE 1ST RESPONDENT.
Exhibit P12 TRUE COPY OF THE JUDGMENT IN WPC 35043/2019 DATED 11.08.2020 BY THIS HON'BLE COURT.
Exhibit P13 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 34904/2019.
Exhibit P14 TRUE COPY OF ORDER NO.ASC(P)59, 91/18/HO/TVPM/MBBS/KMC DATED 13.01.2020.
Exhibit P15 TRUE COPY OF THE ORDER NO.ASC (P)91/18/HO/TVPM/MBBS/KMC DATED 21.04.2021.
RESPONDENTS EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 128 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF WP(C).NO.30209/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP(C)NO.23225/2018 DATED 29.08.2018.
Exhibit P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN MA.NO.2354/18 IN SLP(C) NO.23225/2018 DATED 04.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18.02.2021 IS PRODUCED.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 31.8.2018 FILED BY THE 1ST PETITIONER.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 9.1.2019 FILED BEFORE TEH 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 14.1.2019.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO.26995/19 DATED 22.11.2019 OF THIS HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE NOTICE NO.ASC(P) 91/18/HO/TVPM/MBBS/KMC DATED 28.9.2021 OF THE 2ND RESPONDENT.
Exhibit P10 TRUE COPY OF THE PROOF AFFIDAVIT, DOCUMENTS, AND DEPOSITION DATED 7.1.2020.
W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 129 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Exhibit P11 TRUE COPY OF THE ORDER NO.ASC(P) 91/18/HO/TVPM/MBBS/KMC DATED 13.10.2021.
RESPONDENTS EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 130 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.30222/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP(C) NO.23225/2018 DATED 29.8.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO.2354/18 IN SLP(C) NO.23225/2018 DATED 4.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18.2.2021 IS PRODUCED.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 19.6.2018 FILED BY THE 1ST PETITIONER.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 30.11.2018.
Exhibit P7 TRUE COPY OF THE PETITION DATED 30.11.2018 FILED BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 1.1.2019.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC.26995/19 DATED 22.11.2019 OF THIS HON'BLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE NO.ASC (P) 68/18/HO/TVPM/MBBS/KMC DATED 4.10.2021.
Exhibit P11 TRUE COPY OF THE PROOF AFFIDAVIT, DEPOSITION, AND DOCUMENTS DATED 12.10.2021 W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 131 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Exhibit P12 TRUE COPY OF THE ORDER NO.ASC (P) 68/18/HO/TVPM/MBBS/KMC DATED 27.10.2021.
RESPONDENT EXHIBITS:
Exhibit R1 (A) TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V.KANNUR MEDICAL COLLEGE AND OTHERS, 2019 (3) SCALE 662 Exhibit R1 (B) TRUE COPY OF THE JUDGMENT DATED 30.6.2020 IN WPC NO.1272/2020 //TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 132 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.30491/2021 PETITIONER EXHIBITS:
Exhibit P12 TRUE COPY OF THE ORDER
NO.ASC(P)60/18/HO/TVPM/MBBS/KMC DATED
16.10.2021
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT
IN SLP (C) NO. 23225/2018 DATED 29.08.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO. 2354/18 IN SLP (C) NO. 23225/2018 DATED 4.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO. 596/2021 AND CONNECTED CASES DATED 18.2.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 11.06.2018 FILED BY THE IST RESPONDENT.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 17.12.2018.
Exhibit P7 TRUE COPY OF THE OF THE PETITION DATED 17.12.2018 FILED BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 3.1.2019.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 26995/19 DATED 22.11.2019 OF THIS HONBLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE NO. ASC(P) W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 133 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 60/.../HO/TVPM/MBBS/KMC DATED 28.09.2021.
Exhibit P11 TRUE COPY OF THE PROOF AFFIDAVIT, DEPOSITION, AND DOCUMENTS DATED 10.10.2019.
RESPONDENT EXHIBITS:
Exhibit R1(A) TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V. KANNUR MEDICAL COLLEGE AND OTHERS 2019(3) SCALE 662.
Exhibit R1(B) TRUE COPY OF THE JUDGMENT DATED 30.6.2020 IN WPC NO.1272/2020 //TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 134 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.30618/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) NO.23225/2018 DATED 29.08.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO.2354/18 IN SLP (C) NO.23225/2018 DATED 04.10.2018.
Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18.02.2021.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 08.06.2018 FILED BY THE 1ST PETITIONER.
Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT DATED 11.12.2018.
Exhibit P7 TRUE COPY OF THE PETITION DATED 11.12.2018 FILED BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 03.01.2019.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC 26995/19 DATED 22.11.2019 OF THIS HON'BLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE NO.ASC(P) 61/18/HO/TVPM/MBBS/KMC DATED 13.10.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE PROOF AFFIDAVIT ALONG WITH W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 135 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 DOCUMENTS AND DEPOSITION DATED 08.10.2021.
Exhibit P12 TRUE COPY OF THE ORDER
NO.ASC(P)61/18/HO/TVPM/MBBS/KMC DATED
26.10.2021.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V.
KANNUR MEDICAL COLLEGE AND OTHERS, 2019 (3) SCALE 662.
EXHIBIT R1(B) TRUE COPY OF THE JUDGMENT DATED 30.06.2020 IN W.P.(C).NO.1272/2020.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 136 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.30663/2021 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) NO.23225/2018 DATED 29.8.18.
Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO.2354/18 IN SLP (C) NO.23225/2018 DATED 4.10.2018 Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18.2.2021 IS PRODUCED Exhibit P4 TRUE COPY OF THE COMPLAINT DATED FILED BY THE 1ST PETITIONER Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 20.10.2018 Exhibit P7 TRUE COPY OF THE PETITION DATED 20.10.2018 FILED BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 13.12.2018 Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO.26995/19 DATED 22.11.2019 OF THIS HON'BLE COURT.
Exhibit P10 TRUE COPY OF THE NOTICE NO.ASC(P) 63/18/HO/TVPM/MBBS/KMC DATED 28.9.2021 Exhibit P11 TRUE COPY OF THE AFFIDAVIT, DEPOSITION, W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 137 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 DOCUMENTS DATED 10.10.2019 Exhibit P12 TRUE COPY OF THE ORDER NO.ASC(P) 63/18/H0/TVPM/MBBS/KMC DATED 13.10.2021 RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 138 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.2111/2022 PETITIONER EXHIBITS:
EXHIBIT.P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) NO.23225/2018 DATED 29.08.18 EXHIBIT.P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA.NO.2354/18 IN SLP (C) NO.23225/2018 DATED 4.10.2018 EXHIBIT.P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18.2.2021 EXHIBIT.P4 TRUE COPY OF THE COMPLAINT DATED 29.06.2018 BEFORE THE 1ST PETITIONER.
EXHIBIT.P5 TRUE COPY OF STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT.P6 TRUE COPY OF THE AFFIDAVIT DATED 29.10.2018 EXHIBIT.P7 TRUE COPY OF THE PETITION DATED 29.10.2018.
EXHIBIT.P8 TRUE COPY OF THE MINUTES DATED 1.1.2019 EXHIBIT.P9 TRUE COPY OF THE JUDGMENT IN WPC.26995/19 DATED 22.11.2019 OF THIS HONBLE COURT EXHIBIT.P10 TRUE COPY OF NOTICE DATED 4.10.2021.
EXHIBIT.P11 TRUE COPY OF THE DEPOSITIONS AND DOCUMENTS.
EXHIBIT.P12 TRUE COPY OF THE ORDER NO.ASC (P)/ W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 139 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 77/18/HO/TVPM/MBBS/KMC DATED 5.11.2021 WITH ERRATUM DATED 10.11.2021.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 140 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.6200/2022 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF THE HONBLE
SUPREME COURT IN SLP (C) NO.23225/2018
DATED 29.08.18
Exhibit P2 TRUE COPY OF THE ORDER OF THE HONBLE
SUPREME COURT IN MA NO. 2354/18 IN SLP (C) NO.23225/2018 DATED 4.10.2018 Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEALS NO. 596/2021 AND CONNECTED CASES DATED 18.2.2021 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 20.07.2018 BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT DATED 20.10.2018 Exhibit P7 TRUE COPY OF THE PETITION DATED 20.10.2018 FILED BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 03.1.2019 Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC. 26995/19 DATED 22.11.2019 OF THIS HONBLE COURT Exhibit.P10 TRUE COPY OF NOTICE DATED.17.11.2021 ISSUED BY THE 2ND RESPONDENT W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 141 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Exhibit P11 TRUE COPY OF THE PROOF AFFIDAVIT AND DEPOSITION OF THE 1ST RESPONDENT Exhibit P12 TRUE COPY OF THE ORDER NO.ASC(P)/ 91/18/HO/TVPM/MBBS/KMC DTD.15.12.2021 Exhibit P13 TRUE COPY OF THE INTERIM ORDER IN WPC NO.14970/2021 DATED 4.8.2021 OF THIS HONBLE COURT.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE BANK STATEMENT OF THE 1ST RESPONDENT SHOWING WITHDRAWAL OF RS.3 LAKHS.
EXHIBIT R1(B) TRUE COPY OF THE BANK STATEMENT OF HTE 1ST RESPONDENT SHOWING WITHDRAWAL OF RS.2.55 LAKHS.
EXHIBIT R1(C) TRUE COPY OF THE BANK STATEMENT OF HTE 1ST RESPONDENT SHOWING WITHDRAWAL OF RS.1 LAKH.
EXHIBIT R1(D) TRUE COPY OF THE BANK STATEMENT OF THE 1ST
RESPONDENT SHOWING WITHDRAWAL OF
RS.67,5000/-.
EXHIBIT R1(E) TRUE COPY OF THE BANK STATEMENT OF THE 1ST
RESPONDENT SHOWING WITHDRAWAL OF RS.1.90 LAKHS.
EXHIBIT R1(F) TRUE COPY OF THE SALE DEED OF THE PROPERTY OF THE 1ST RESPONDENT'S WIFE.
EXHIBIT R1(G) TRUE COPY OF THE SALE DEED OF THE PROPERTY W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 142 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 OF THE 1ST RESPONDENT'S WIFE.
EXHIBIT R1(H) TRUE COPY OF THE BANK STATEMENT OF THE WIFE OF THE 1ST RESPONDENT SHOWING WITHDRAWAL OF RS.16.47 LAKHS.
EXHIBIT R1(I) TRUE COPY OF THE JUDGMENT IN RIYA GEORGE V. KANNUR MEDICAL COLLEGE AND OTHERS, 2019 (3) SCALE 662.
EXHIBIT R1(J) TRUE COPY OF THE JUDGMENT DATED 30.6.2020 IN W.P.(C).NO.1272/2020.
//TRUE COPY// P.S. TO JUDGE W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 143 :: 25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 APPENDIX OF W.P(C).NO.7564/2022 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER IN SLP(C)NO.23225/2018 DATED 29.08.2018 OF THE HON'BLE SUPREME COURT Exhibit P2 TRUE COPY OF THE ORDER DATED 04.10.2018 IN M.A.NO.2354/2018 IN S.L.P(C)NO.23225/2018 OF THE HON'BLE SUPREME COURT Exhibit P3 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.596/2021 AND CONNECTED CASES DATED 18.02.2021 OF THE HON'BLE SUPREMENT COURT Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED 13.03.2021, FILED BY THE FATHER OF THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER NO.ASC(P)91/18/HO/TVPM/MBBS/KMC DATED 21.04.2021 OF TEH 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 19.11.2020 OF THIS HON'BLE COURT IN W.P. (C)NO.34904/2019 OF THIS HON'BLE COURT Exhibit P7 TRUE COPY OF THE ADMIT CARD DATED 03.09.2018 ISSUED BY THE ACS MEDICAL COLLEGE FOR THE BATCH 2018-19 TO THE PETITIONER Exhibit P8 TRUE COPY OF THE PROFORMA CONTAINING DETAILS OF THE AMOUNT TO BE PAID AT THE TIME OF ADMISSION W.P.(C).Nos.17592/21, 13042, 13301, 13520, 13528,13549/20, 10977, 11671, 11696, 12615, 12737, 12823, 13008, 14970, 20628, 20648, :: 144 ::
25082, 26808, 26824, 26870, 30209, 30222, 30491, 30618, 30663/21, 2111, 6200 & 7564/22 Exhibit P9 TRUE COPY OF THE FEE RECEIPT DATED 26.08.2018 AMOUNTING TO RS.10 LAKHS Exhibit P10 TRUE COPY OF THE FEE RECEIPT DATED 26.08.2018 AMOUNTING TO RS.3 LAKHS Exhibit P11 TRUE COPY OF THE FEE RECEIPT DATED 26.08.2018 AMOUNTING TO RS.1 LAKH Exhibit P12 TRUE COPY OF THE FEE RECEIPT DATED 26.08.2018 AMOUNTING TO RS.5 LAKHS Exhibit P12(a) TRUE COPY OF THE CHALAN RECEIPT DATED 03.11.2018 AMOUNTING TO RS.2 LAKHS PAID BY THE PETITIONER TO ACS MEDICAL COLLEGE & HOSPITAL RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE