Kerala High Court
Harikrishnan R Menon vs The Principal on 4 August, 2020
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 04TH DAY OF AUGUST 2020 / 13TH SRAVANA, 1942
WP(C).No.15834 OF 2020
PETITIONER:
HARIKRISHNAN R MENON
AGED 27 YEARS
HARISREE HOUSE, CHEERAKKUZHY,
KOTTAPURAM P.O, SREEKRISHAPURAM VIA,
PALAKKAD, PIN- 679 513, KERALA
BY ADVS.
SRI.AVM.SALAHUDIN
SMT.A.D.DIVYA
RESPONDENTS:
1. THE PRINCIPAL,
MALABAR MEDICAL COLLEGE,
MODAKKALLUR P.O, ATHOLI,
KOZHIKKODE DISTRICT - 673 315
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR,
THRISSUR - 680 596.
3 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 691 001
ADV P SANJAY .
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15834 OF 2020
2
JUDGMENT
Dated this the 4th day of August 2020 The petitioner has successfully completed his MBBS course in January 2018 from the 1 st respondent college.
2. The petitioner has submitted Ext.P3 request to the 1st respondent to issue the "Attempt Certificate"
and "Medical Transcript Certificate" pertaining to his medical education.
3. It is the case of the petitioner that the 1st respondent is not issuing the above certificates for any valid or apparent reason. If the said certificates are not issued to him, it will cause severe prejudice and hardship to him because he would be precluded from applying for military service. Hence, the petitioner seeks a direction to the 1 st respondent to issue the above certificates.
4. Heard Shri.AVM.Salahudin, learned counsel for the petitioner, Shri.P.Sanjay, the learned counsel appearing for the 1st respondent, Shri.P.Sreekumar, the WP(C).No.15834 OF 2020 3 learned Standing Counsel for the 2nd respondent and the learned Senior Govt. Pleader for the 3rd respondent.
5. The learned counsel appearing for the 1 st respondent, on instructions, submitted that the petitioner is bound to serve the 1 st respondent institution for a period of one year, in accordance with the bond executed by him in favour of the institution. As the petitioner has not completed the said tenure, the institution has declined the request of the petitioner. However, if the petitioner insists for the said certificates, the 1st respondent is ready to issue the certificates but subject to the conditions mentioned in the bond and consequences that will follow, including the forfeiture of the bond.
6. In view of the rival submissions and after considering the pleadings and materials of record, I deem it appropriate, to direct the 1st respondent to issue the Attempt Certificate and Medical Transcript Certificate pertaining to the medical education of the petitioner, as expeditiously as possible, at any rate on or before 13.8.2020, but reserving the liberty of the 1 st WP(C).No.15834 OF 2020 4 respondent to take appropriate action/proceedings for the enforcement of the conditions prescribed in the bond.
With the above observation, this Writ petition is disposed of.
Sd/-
C.S.DIAS JUDGE sn WP(C).No.15834 OF 2020 5 APPENDIX PETITIONER'S/S EXHIBITS EXHIBIT P1 A TRUE COPY OF MBBS CERTIFICATE DATED 28.04.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 THE TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 26.04.2018 ISSUED BY THE TRAVANCORE-COCHIN COUNCIL OF MODERN MEDICINE EXHIBIT P3 THE WRITTEN REQUEST DATED 27.07.2020 MADE BEFORE THE 2ND RESPONDENT BY THE PETITIONER EXHIBIT P4 A TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 24.07.2020 ISSUED BY MEDICAL OFFICER, ,PRIMARY HEALTH CENTRE, KOTTOPPADAM.
RESPONDENT'S/S EXHIBITS: NIL
Sn
//TRUE COPY// PA TO JUDGE