Kerala High Court
Abhijith M.P vs State Of Kerala on 4 April, 2022
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) NO. 7213 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944
WP(C) NO. 7213 OF 2022
PETITIONER/S:
1 ABHIJITH M.P.
AGED 26 YEARS
S/O. MURALEEMOHAN E, PAVITHRAM (H), VILAYIL (PO),
KUZHIMANNA VIA, MALAPPURAM - 673641.
2 ADARSH P.M
AGED 26 YEARS
S/O.MADHU P.N, PUTHEN VEETTIL HOUSE, MANAKKADAVU POST,
MUKKADA, KANNUR DISTRICT - 670571.
3 ANEES M.N.
AGED 26 YEARS, S/O. ABDUL AZEEZ M.N,
MARANANGATT NAMBEERI VEETTIL (H), PULLIPARAMBU P.O,
CHELEMBRA, MALAPPURAM DISTRICT - 673634.
4 ANJALI C.P
AGED 26 YEARS
D/O. DEVADASAN C.P, SHEHA (H), POTTAMMAL THAZHAM,
KONOT (PO), KUNNAMANGALAM (VIA), CALICUT - 673571.
5 HASEEB SEHL P
AGED 27 YEARS
S/O. HAMEED P, PILAKKAL (H), NARANATH, RAMAPURAM P.O,
MALAPPURAM - 679321.
6 RAMSHAD A.C.
AGED 27 YEARS
S/O. MUHAMMAD, KUNIPOYIL KUNIYIL, KARUVANNUR (P.O),
NADUVANNUR, KOZHIKODE, KERALA - 673614.
7 MOHAMMED ASIL KHAN K.
AGED 25 YEARS
S/O. MUSTHAFA K., KUTTIPPALAPARAMB HOUSE,
PALLIKKAL P.O, MALAPPURAM, KERALA - 673634.
8 MUHAMMED JUNAID J
AGED 25 YEARS
S/O. JAMALUDHEEN M.O., MALAYILKADAVIL KAROOR,
AMBALAPUZHA P.O., ALLEPPY, KERALA - 688561.
9 MITHUN M. P
AGED 26 YEARS
S/O. VASUDEVAN M.P, MELEPALAKKATHODI HOUSE,
KARUVAMBRAM POST, MELAKKAM, MANJERI,
MALAPPURAM - 676123.
WP(C) NO. 7213 OF 2022 2
10 ZAINAB FATHIMA MUKTAR
AGED 26 YEARS
D/O. ABDUL HAMEED MUKTAR MAHAL, MUKTAR MAHAL,
MUGADAR,KALLAI (PO), CALICUT - 673003.
BY ADVS.
S.VINOD (PALLIKKAL)
ASWIN KUMAR M J
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 691001.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR - 680596,
REPRESENTED BY ITS REGISTRAR.
3 THE PRINCIPAL,
MALABAR MEDICAL COLLEGE, MODAKKALLUR, ULLIYERI,
KOZHIKODE - 673315.
BY
ADVS. SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
SMT. SURYA BINOY, SR.GP
SRI. S.VINOD BHAT
ADV. ANAGHA LAKSHMY RAMAN
ADV. GREESHMA CHANDRIKA.R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7213 OF 2022 3
JUDGMENT
This writ petition is filed seeking the following reliefs:
i) A writ of mandamus or other appropriate writ order or direction directing the respondents to issue Transfer Certificates, Conduct Certificates, Attempt Certificate, Medical Transcript and other certificates and the original certificates of the petitioners of class Xth & XIIth retained by the 3rd respondent, forthwith and within a timeframe as fixed by this Hon'ble Court.
ii) Declare that 3rd respondent has no right or authority to withhold Transfer Certificates, Conduct Certificates, Attempt Certificate, Medical Transcript and other certificates and the original certificates of the petitioners for the alleged non-compliance of conditions stipulated in the bond executed.
iii) A writ of certiorari or other appropriate writ or order to call for Exhibit P1 bond and other similar bonds executed between the 3rd respondent college and the petitioners and quash the same.
2. Sri. Vinod S., the learned counsel appearing for the petitioners 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. I have heard Sri. P. Sreekumar, the learned Standing Counsel appearing WP(C) NO. 7213 OF 2022 4 for the University and Smt. Surya Binoy, the learned Government Pleader.
4. Sri.Vinod Bhat, the learned counsel appearing for the 3rd respondent submitted that the petitioner had rushed to this Court with this writ petition without approaching the 3rd respondent. According to the learned counsel, the 3rd respondent is not insisting on 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 forthwith.
5. 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 Certificate, Conduct Certificate, Attempt Certificate, migration certificate, Medical transcript, attempt certificate, provisional degree certificate, mark lists and other necessary certificates etc. to the petitioners.
Ordered accordingly.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS WP(C) NO. 7213 OF 2022 5 APPENDIX OF WP(C) 7213/2022 PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE BOND OF ONE OF THE
STUDENT'S OF 2013 BATCH.
Exhibit P2 TRUE COPY OF THE PROSPECTUS (RELEVANT
PORTION) RELATING TO ADMISSION TO
PROFESSIONAL DEGREE COURSES IN 2014 ISSUED
BY GOVERNMENT OF KERALA.
Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER VIDE
G.O(MS) NO. 533/2008/H&FWVD DATED
07.10.2008.
Exhibit P4 TRUE COPY OF THE NO.G.O(RT)
NO.1974/2013/H&FWD DATED 07.06.2013.
Exhibit P5 TRUE COPY OF THE GO(MS)NO.333/2012/H& FWD
DATED 08.10.2012 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 21.12.2020
IN WP(C) NO.27804 OF 2020 OF HON'BLE HIGH
COURT.
RESPONDENT(S) EXHIBITS : NIL