Kerala High Court
Asmi K.A vs State Of Kerala on 12 January, 2022
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) NO. 22717 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 12TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943
WP(C) NO. 22717 OF 2021
PETITIONERS:
1 ASMI K.A.
AGED 26 YEARS
D/O.ASSI K.K., KANNANTHARA KALATHIL HOUSE,
KATTATHURUTH, VADAKEKKARA P.O., NORTH PARAVUR,
ERNAKULAM - 683 522.
2 FARHANA P.P.
AGED 27 YEARS
D/O.MOIDEEN P.P., PULIKKAPPARAMBIL HOUSE, PAINKANNUR
P.O., KUTTIPURAM VIA., MALAPPURAM - 679 571.
3 NAVAMI CHANDRAN
AGED 27 YEARS
D/O.RAMACHANDRAN K., SREEVALSAN, CHAKKALAKULATH
ROAD, NILAMBUR, MALAPPURAM - 679 329.
4 MUHAMMED RAFI N.
AGED 26 YEARS
S/O.NIZARUDEEN, AMEENA MANZIL, 10TH STONE, MANCHA
P.O., NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.
5 SHANA SHIRIN N.K.
AGED 27 YEARS
D/O.ALI N.K., NADUVILEKALATHIL HOUSE, KURUVAMBRAM
P.O., NELLIPARAMBU, MANJERI, MALAPPURAM - 676 123.
6 SHANEEB K.
AGED 28 YEARS
S/O.AVARAN KUTTY K., NOWFA NIVAS, MILL JUNCTION,
KOLMANNA, HAJIYARPALLI P.O., MALAPPURAM - 676 519.
7 VISAKH V.S.
AGED 26 YEARS
S/O.N.VISWAMBHARAN, PALAZHI, UDININNAVILA, KOTTUKAL
P.O., THIRUVANANTHAPURAM - 695 501.
8 VEENA KRISHNA
AGED 27 YEARS
D/O.PARTHASARATY KRISHNA, KARTHIKA, C-32, V.T.NAGAR,
WP(C) NO. 22717 OF 2021 2
MANIKANTESWARAM P.O., THIRUVANANTHAPURAM - 695 013.
9 ARCHA S.
AGED 25 YEARS
D/O.SREEKUMARAN S., CHINNANTHAZHIKAM, PALLICKAL -
KILIMANOOR P.O., THIRUVANANTHAPURAM - 695 604.
10 NASEEF ABDURAHMAN
AGED 27 YEARS
S/O.ABDURAHMAN K.C., EILAF MANZIL, CHENNAMANGALLUR
P.O., MUKKOM, KOZHIKODE - 673 602.
11 ADHITHYA S.ANAND
AGED 26 YEARS
D/O.SADANANDAN, PUNNUKANDIYIL HOUSE, KAKKATTIL P.O.,
KUTTIADY, KOZHIKODE - 673 507.
12 SHEHIM THAHMEES T.
AGED 26 YEARS
S/O.T.KOYA, MALOL HOUSE, JANATHA ROAD, NEAR WATER
TANK, PUTHUPANAM P.O., KOZHIKODE - 673 105.
13 FATHIMA ROSNA P.
AGED 25 YEARS
D/O.ABDUL AZEEZ, ROSE MAHAL, PARAPPIL HOUSE,
PURAMERI P.O., VATAKARA, KOZHIKODE - 673 503.
14 AYISHA AMAL KADAMBOT
AGED 25 YEARS
D/O.MOOSA K., KADAMBOT HOUSE, MATTATHUR P.O.,
OTHUKKUNGAL, MALAPPURAM - 676 528.
15 THASNI
AGED 26 YEARS
D/O.ABDUL LATIEF PULLARAT, KOODATHINGAL HOUSE,
KOTTUPADAM, VAZHAYOOR P.O., MALAPPURAM - 673 633.
16 CHANDINI M.C.
AGED 25 YEARS
D/O.CHANDRAN S., MANNAPILLY HOUSE, PAVAMKULANGARA
ROAD, PUTHIYAKAVU, THRIPUNITHURA,
ERNAKULAM - 682 301.
17 ARYALAKSHMI A.
AGED 26 YEARS
D/O.RAJESHKUMAR A., AKSHARABHAVAN, VALLIVATTOM P.O.,
KONATHUKUNNU VIA., THRISSUR - 680 123.
WP(C) NO. 22717 OF 2021 3
18 ATHIRA R.NAIR
AGED 26 YEARS
D/O.P.K.RAJAN, SOUPARNIKA, MAKKADATH,
AMBALATHUKULANGARA, CHELANNUR, KOZHIKODE - 673 616.
19 DIVYA A.J.
AGED 25 YEARS
D/O.ARUL S.T., EBENEZER VILLA, III/189-A,
SREEKARTHIYANI TEMPLE 1ST CROSS ROAD, NORTH
MULAVUKADU, ERNAKULAM - 682 504.
20 JAMSHEENA M.K.
AGED 26 YEARS
D/O.MUHAMMED M.K., MALIKKANDY HOUSE, KADIYANGAD
P.O., PERAMBRA VIA., KOZHIKODE - 673 525.
21 AHALYA V.
AGED 26 YEARS
D/O.VELAYUDHAN V., VADAKKAN HOUSE, KOTTAKKAL P.O.,
MALAPPURAM - 676 503.
22 SHAMNU JAHAN K.K.
AGED 25 YEARS
D/O.ABDUL AZEEZ K.K., KALLUKKUZHIYIL HOUSE,
VALIYAPARAMBA P.O., PULIKKAL, MALAPPURAM - 673 637.
23 FAEBA THOMAS
AGED 27 YEARS
D/O.THOMAS DANIEL, KULAKKATTU HOUSE, KUNKUMAM, AZAD
NAGAR, MULLUMPARA, MANJERI P.O.,
MALAPPURAM - 676 121.
24 JITHIN SAGAR G.S.
AGED 28 YEARS
S/O.SANKARAN K.K., SREEMANGALAM HOUSE, IRINGATH
P.O., PAYYOLI ANGADI VIA., KOZHIKODE - 673 523.
BY ADVS.
RENJITH RAJAPPAN
SAM M.THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO
GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT,
WP(C) NO. 22717 OF 2021 4
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 691 001.
2 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR - 680 596,
REPRESENTED BY ITS REGISTRAR.
3 THE PRINCIPAL
MALABAR MEDICAL COLLEGE, MODAKKALUR, ATHOLI,
KOZHIKODE - 673 315.
BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
GREESHMA CHANDRIKA.R
SRI P SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22717 OF 2021 5
JUDGMENT
This writ petition is filed seeking the following reliefs:
i) issue a writ in the nature of mandamus, order or direction declaring that Exhibit P25 bond executed by the 1st petitioner and similar bonds executed by the other petitioners are not valid.
ii) issue a writ in the nature of mandamus, order or direction directing the 3rd respondent to return the 10th and 12th standard certificates of the petitioners and also to issue transfer certificates, conduct certificates, attempt certificates and medical transcripts to the petitioners in view of Exhibit P26 judgment passed by this Hon'ble Court.
2. Sri.Renjith Rajappan, the learned counsel appearing for the petitioner submitted that the Government by order dated 8.10.2012 has abolished compulsory rural service for MBBS students and in that view of the matter, the institution cannot invoke the provisions of the bond executed by the students and retain the certificates/documents presented by them. It is submitted that this Court has reiterated the said fact in a series of decisions.
3. Sri.Vinod Bhat, the learned counsel appearing for the 3rd respondent submitted that the petitioners have rushed to this Court with this writ petition without approaching the 3rd respondent. According to the learned counsel, the 3rd respondent is not insisting for the enforcement of the provisions of the bond and all the certificates/documents entrusted by the petitioners at the time of joining the 3rd respondent institution can be returned WP(C) NO. 22717 OF 2021 6 forthwith.
4. Having considered the facts and circumstances and the submissions made across the bar, this writ petition is disposed of directing the 3rd respondent to return forthwith all the certificates/documents entrusted by the petitioners and retained by the 3rd respondent including and not limited to the Transfer Certificates, Conduct Certificates, Attempt Certificates, Medical transcripts etc. to the petitioners.
Ordered accordingly.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 22717 OF 2021 7 APPENDIX OF WP(C) 22717/2021 PETITIONERS' EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P3 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 3RD PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 01/07/2021.
Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 4TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P5 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 5TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P6 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 6TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P7 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 7TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P8 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 8TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 22/04/2021.
Exhibit P9 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 9TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P10 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 10TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P11 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 11TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.WP(C) NO. 22717 OF 2021 8
Exhibit P12 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 12TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P13 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 13TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P14 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 14TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 04/08/2021.
Exhibit P15 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 15TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 05/07/2021.
Exhibit P16 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 16TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P17 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 17TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 31/05/2021.
Exhibit P18 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 18TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P19 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 19TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P20 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 20TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P21 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 21ST PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 19/07/2021.
Exhibit P22 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 22ND PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P23 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 23RD PETITIONER BY THE 2ND RESPONDENT WP(C) NO. 22717 OF 2021 9 UNIVERSITY DATED 28/01/2021.
Exhibit P24 THE TRUE COPY OF THE CERTIFICATE ISSUED TO THE 24TH PETITIONER BY THE 2ND RESPONDENT UNIVERSITY DATED 28/01/2021.
Exhibit P25 THE TRUE COPY OF THE BOND EXECUTED BY THE 1ST PETITIONER WITH THE 3RD RESPONDENT.
Exhibit P26 THE TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.27804 OF 2020 PASSED BY THIS HON'BLE COURT DATED 21.12.2020 RESPONDENTS' EXHIBITS:
NIL