Kerala High Court
Madhusoodhanan K.V vs State Of Kerala on 11 December, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942
WP(C).No.15894 OF 2020(J)
PETITIONERS:
1 MADHUSOODHANAN K.V.
AGED 45 YEARS
MEDICAL SOCIAL WORKER CUM TUTOR, S/O. BALAKRISHNAN,
KANNUR MEDICAL COLLEGE, RESIDING AT KINATHINKARA,
PADUVALAM, PILICODE, KASARGOD , KERALA STATE 671 310.
2 JITHESH.C.,
WORKING AS COMPUTER HARDWARE ENGINEER, KANNUR MEDICAL
COLLEGE, RESIDING AT THEJUS, MADATHUMBHAGOM P.O.
VADAKKUMBAD, THALASSERY, NETTUR, KANNUR DISTRICT,
KERALA STATE 670 105.
3 DELLIN MATHEW,
WORKING AS O.T. TECHNICIAN, KANNUR MEDICAL COLLEGE,
RESIDING AT KUNJAPARAMBIL, ULIKKAL, VAYATHUR, KANNUR
DISTRICT, KERALA STATE 670 705.
4 SOY.P. GEORGE,
WORKING AS STAFF NURSE, KANNUR MEDICAL COLLEGE,
RESIDING AT MAMBARATH HOUSE, EKKAL PO. MAMBA
ANJARAKKANDI, KANNUR DISTRICT, KERALA STATE 670 611.
BY ADVS.
SHRI.JOHN VARGHESE
SRI.A.L.GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY , GOVERNMENT OF
KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
695 001.
2 THE SECRETARY TO GOVERNMENT OF KERALA,
DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
3 DISTRICT COLLECTOR AND CHARIMAN DDMA,
COLLECTORATE, KANNUR 670 002.
4 DISTRICT MEDICAL OFFICER,
WP(C).Nos.15894 & 19307/2020 2
HEALTH, COLLECTORATE, ANNEXE, KANNUR 670 503.
5 KANNUR MEDICAL COLLEGE,
ANJARAKKANDY, KANNUR 670 612, REPRESENTED BY ITS
PRINCIPAL.
6 ADDL.R6. ADMINISTRATOR OF THE KANNUR MEDICAL
COLLEGE
ANJARAKANNDY.
7 ADDL.R7. KERALA UNIVERSITY OF HEALTH SCIENCES(KUHS)
REPRESENTED BY ITS REGISTRAR.
(ADDL. R6 AND R7 ARE SUO MOTU IMPLEADED AS PER
ORDER DATED 9-11-2020 IN WP(C)).
R1-4 BY GOVERNMENT PLEADER
R5-6 BY ADV. SRI.ABDUL RAOOF PALLIPATH
R5-6 BY ADV. SRI.K.R.AVINASH (KUNNATH)
R7 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
SRI. BIJOY CHANDRAN - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.12.2020, ALONG WITH WP(C).19307/2020(K), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.15894 & 19307/2020 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942
WP(C).No.19307 OF 2020(K)
PETITIONERS:
1 DR. SRIRATH M.K.,
AGED 44 YEARS
PROFESSOR,
S/O.SATYAPALAN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
SUSHASREE, THAZHECHOVVA, KANNUR DISTRICT.
2 DR.K. KUNHIKANNAN,
PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
SOUPARNIKA, KUTHUPARAMBA,, KANNUR.
3 SREEJESH P.B.
O.T. TECHNICIAN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
PARAYIL , THERTHALLI, ALAKODE KANNUR .
4 DR. MANMEET KAUR,
SENIOR RESIDENT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
SUSHASREE, THAZHECHOVVA, KANNUR .
5 RAJEEVANC.C,
P.R.O.
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
CHANDROTH, ERUVATTY P.O.KANNUR .
6 ASHOKAN P.V.
DRIVER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
VYSHAK NIVAS, ANCHARAKANDY, KANNUR.
7 SURESHAN.C.
CLEANER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
WP(C).Nos.15894 & 19307/2020 4
ANUSREE NIVAS, KAVINMOOLA, KANNUR.
8 PRAKASHAN M.V.
CLEANER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
VIGNESHWARA HOUSE, EKKAL, KANNUR.
9 KAMAL DAS O.K.,
C.S.S.D TECHNICIAN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
AYODYA, THALAP, KANNUR DISTRICT..
10 DR. MOHAMMED HISHAM P.P.
ASSOCIATE PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
AMEN, THEVAKKARA, KANNUR DISTRICT.
11 PRAKASHAN K.,
FRONT OFFICE EXECUTIVE
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
MAVILA VEEDU,KAPPAD, KANNUR.
12 CHAITHANYA VIJAYAN C .K.,
BIO STATISTICIAN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
PERALANHI HOUSE, CHALODE, KANNUR.
13 VIDHYA RAJ,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
KELOTH HOUSE, IRIVERI POST,
KANNUR.
14 ANIL KUMAR T.,
C.S.S.D TECHNICIAN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
THAPASYA, KALLIYASSERY, KANNUR.
15 DR. MUHAMMED MUSHTAQUE.P.
ASSOCIATE PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
REESH, CHOVVA POST, , KANNUR DISTRICT.
16 DR. AMRUTHA P.C.,
ASSISTANT PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
UDAYA, VADAKAA, KOZHIKODE.
17 SARAVANAN.M.,
PUBLIC RELATION ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
KOMMERY HOUSE, PANAMKAVU, KANNUR.
WP(C).Nos.15894 & 19307/2020 5
18 DR. CHANDRAN T.,
ASSISTANT PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
T.C. 76/459, THIRUVANANTHAPURAM.
19 DR. SONY SALAM N.A,
ASSISTANT PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
T.C. 16/535, KARAKULAM, THIRUVANANTHAPURAM.
20 SIMNA.K.,
OFFICE ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
KELOTH HOUSE, THIRUVANGAD, THALASSERY, KANNUR
DISTRICT.
21 CHANDRALEKHA A.E.,
FRONT OFFICE MANAGER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
SARANGI MATTANNUR KANNUR DISTRICT.
22 ANOOP GANGADHARAN P.R.O.
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
GOVIND, TEMPLE GATE THALASSERY.
23 MAYOOSHA M.K.,
BIO MEDICAL ENGINNER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
MADANKARRA HOUSE, CHIRAKKAL POST, KANNUR.
24 BALAKRISHNAN. A,
RADIO GRAPHER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
DEVI KRISHNA, PATHIRIYAD POST, KANNUR.
25 IBRAHIMKUTTY M.T.,
PHARMACY ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
NOORMAHAL, CHERUKUNNU POST,
26 RASHID T.N.,
DRIVER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
NADUKKANDY, BAVODE, KANNUR.
27 NAMITHA P.,
RECEPTIONIST,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
PUSHA NIVAS, MAMBA POST, KANNUR.
WP(C).Nos.15894 & 19307/2020 6
28 LEESHMA PARANDY,
PHARMACY ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
PARANDY HOUSE, KUTHUPARAMBA,KANNUR.
29 DR. VISHAKHA SUKESH,
CASUALITY MEDICAL OFFICER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
AISHWARYA, THALAP POST, KANNUR.
30 ABDUL SALAM. K.P.,
PHARMACY CASHIER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
NALLAKANDI, KEESHALLUR, KANNUR.
31 DRISHYA P.O
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
PRAKASHAM, KAKKAD, KANNUR.
32 DR. MAHESH P.M.,
JUNIOR PRESIDENT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
PEELIPPARAMBIL HOUSE, PERUMBAVOR, ERNAKULAM
DISTRICT.
33 BALAKRISHNAN K.P.,
HOUSE KEEPING IN CHARGE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
LAKSHMY KRIPA, PORORA POST KANNUR.
34 DR. SATHISH CHANDRAN,
ASSOCIATE PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
SREE CHITHRA, PALLIKKUNNU POST,, KANNUR.
35 DR. P.V. PREMRAJ,
SENIOR RESIDENT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
STAFF QUARTERS, KADANNAPPALLI POST, KANNUR.
36 SHABIN K.
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
PGOVINDAM, MAMBA POST, KANNUR.
37 PRAJITH K.K.,
VEHICLE IN CHARGE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
PRAJISHA NIVAS EKKAL, KANNUR.
38 SAHADEVAN P.V.,
WP(C).Nos.15894 & 19307/2020 7
OFFICE SUPERINTENDENT
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
SAJINI, AROLI POST, KANNUR.
39 BHARATHAN P.,
PURCHASE IN CHARGE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
TRIVENI PINARAYI, KANNUR.
40 RAJESH M.,
PHARMACY SALES ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY , RESIDING AT
SUJA NIVAS,ANCHARAKANDY, KANNUR.
41 VISMAYA.T
PHARMACIST,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
VISMAYA NIVAS, PATHIRIYAD, KANNUR .
42 DR. SHYNA K.P.,
ASSOCIATE PROCESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
MEENALAYAM CHIRAKKAL POST, KANNUR .
43 SAFWAN N.P.,
PHARMACIST,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
MUBARAK HOUSE, VENGAD POST,, KANNUR .
44 A KRISHNA KUMAR,
MANAGER,
HOSPITAL OPERATIONS,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
RESIDING AT MYKEEL HOUSE NARATH POST, KANNUR .
45 SURESH BABU K.P.
CASHIER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
SWAPNAM, MUNDERI POST, , KANNUR .
46 DR. GUFRAN AHMED,
PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
STAFF QUARTERS, KANNUE MEDICAL COLLEGE,
ANCHARAKANDY POST, KANNUR .
47 DR.C.K. RAJAMMA,
PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
SREERAJ, THOTTADA POST , KANNUR .
WP(C).Nos.15894 & 19307/2020 8
48 MADHUSOODANAN N.,
ECHS OFFICE IN CHARGE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
DWARAKA, SIVAPURAM , KANNUR .
49 MALATHI P.,
HOSTEL WARDEN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
CHENGANMADAM, MANGATTIDOM, , KANNUR .
50 BEENA T.K.
HOSTEL WARDEN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
SREELAKSHNMI PALERI, MAMBA P.O., KANNUR .
51 NISHAK.K.
HOSTEL WARDEN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
NEROTH HOUSE, PALERI MAMBA P.O. KANNUR .
52 PRIYA.K.,
HOSTEL WARDEN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
SAYANTHANAM, BAVODE P.O. KANNUR .
53 SURENDRAN T.,
LIBRARY ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
CHANDRIKA, MUZHAPPALA P.O. KANNUR .
54 SEBASTIAN M.M.
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
KARIKKATTIL ULIKKAL, AMARAVAYAL, KANNUR .
55 DR. NISANTH PRABHAKARAN,
ASSISTANT PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
ANND ARAYAKKOOL, P.O. CHEMPAD, KANNUR .
56 DR. BHASKARAN NAIR TI.
ASSOCIATE PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
3-1 (B) RANIPURA ROAD, NEAR AJJANAKKAD, KUTHAR
SUABSH NAGARA, MUNNUR, DAKSHINA KANNADA, KARNATAKA
575 017.
57 PRAVITHA P.,
DIETITIAN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
PRAVITHA NIVAS, KEEZHATHUR, PATHIRIYAD, PINARAYI,
KANNUR.
WP(C).Nos.15894 & 19307/2020 9
58 ATHIRA K.P.,
DIALYSIS TECHNICIAN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
KOCHUVEETTIL, PAYYAVOOR,
KANNUR.
59 VALSAMMA KURIAN,
NURSING SUPERINTENDENT
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
THAZHAPPALLIL, KILIYATHARA, VILAMANA,KANNUR .
60 THRESSIA P.M.,
NURSING SUPERVISOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
NADAPARAMBIL THONDIYIL P.O. VELLARVELLY KANNUR .
61 SHINAMMA EAPPEN,
NURSING SUPERVISOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
VALIYAKANDATHIL HOUSE, URUPPUMKUNDU ARALAM,
KANNUR .
62 BISHA M.O.,
NURSING SUPERVISOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
THIRUVATHIRA, KIRACHI VENGAD P.O.KANNUR .
63 SOPHIYA,
NURSING IN CHARGE WARD,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
PALLIPARAMBIL ANAPPANTHY, AYYANKUNNU, KANNUR .
64 SHEEBA SANTHOSH,
NURSING IN CHARGE WARD,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
MELETH, MANATHANA P.O. KANNUR .
65 REKHA V.,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
KUZHIKKOTTA MADAM, MUZHAKKUNNU BAZAR, MUZHAKKUNNU,
KANNUR.
66 ANU SEBASTIAN
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
CHOONDIYANIPPURATH NELLIKKAMPOYIL , KANNUR.
67 REGEENA ANE JACOB,
STAFF NURSE,
WP(C).Nos.15894 & 19307/2020 10
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
THENGUMPALLIL HOUSE, KADUMENI, CHITTARIKKAL
KASARAGOD.
68 MOLLY C.C.,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
THADATHIL ANGADIKKADAVU P.O., KANNUR.
69 SMITHA MICHAEL,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
OTTAPLACKAL KALLUVAYAL, PADIYOOR KANNUR.
70 LEENA K.V.,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
KALLINKAL HOUSE PERINGOM, KANNUR.
71 PRINCY N.P.,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
PADUKAYIL MANJAPPARA,KANNUR.
72 MAYA T.J.,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
THONDUCHIRAYIL, MAVUMCHAL, PAYYAVOOR,KANNUR.
73 TESSY TITUS,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
KALKUNNATHU, KEEZHPALLIL, ARALAM, , KANNUR.
74 ASHA ANTONY,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
CHETHALAYATTU HOUSE CHARAL P.O.KANNUR.
75 SREEJALA A.K.,
NURSING ASSISTANT
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
AMARRADH, KUNNANAVAYAL P.O. CHOVVA, KANNUR.
76 LISAMMA THOMAS,
NURSING SUPERVISOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
POOVANIKUNNEL, VEMBUZHACHAL P.O. MUNDAYAMPARAMBA,
KANNUR.
WP(C).Nos.15894 & 19307/2020 11
77 PRIYAMOL JOSEPH,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
PALLOORANTHIL, VATTIAMTHODE, VAYATHUR,
KANNUR.
78 ANU.T.M,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
THURUTHIYIL HOUSE, THONDIYIL P.OKANNUR.
79 RAJINA C.,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
CHANTHROTHU HOUSE P.O. BAVODE, KANNUR.
80 SHEEJA SHINU,
STAFF NURSE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
KOLAKOTTU SREEKANDAPURAM KANNUR.
81 DR. PANDURANGAIAH R.,
ASSISTANT PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
MASJID ROAD B.L. GOWDA NAGARA, HIRIYUR SUGAR
FACTORY, CHITRADURGA, KARNATAKA.
82 V.V. MRIDULA,
OFFICE ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
AAYILYAM, MATHUKKOTH VARAM P.O.KANNUR.
83 DINJURAJ P.C.
TUTOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
PUTHUKKICHAL HOUSE CHERUKUNNU P.O. KANNUR.
84 SHIBU LUKOSE,
MRI TECHNOLOGIST,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
VAVATTU THADATHIL KANAKAPPALLY PARAPPA, KASARAGOD.
85 VISHNU PAVITHRAN
CAUSALITY MEDICAL OFFICER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
CHELAKKATTIL VEEDU, ARAKKUNNAM VIA, EDAKKATTUVAYAL,
ERNAKULAM DISTRICT.
WP(C).Nos.15894 & 19307/2020 12
86 DR. ABDUL HASEEB,
ASSISTANT PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
OPP. FOREST OFFICE BARLAIN ROAD, MADHUGIRI,
KARNATAKA 572 132.
87 DR. G.B. ANADHA KUMAR,
SENIOR RESIDENT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
7-126 MAIN ROAD, CHEMBAKARAMANPUTHUR, KANYAKUMARI,
TAMILNADU.
88 DR. K.V. SHIVASHANKAR,
ASSOCIATE PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
281/44,2ND H. MAIN 11TH BLOCK, NAGARABHAVI 2ND
STATE, BANGALORE NORTH KARNATAKARA
89 DR. HONNEGOWDA T.M.,
ASSOCIATE PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
NO. 28, THITTAMARANAHALLI VILLAGE,
MYLANAYAKANAHALLI POST KASABA HOBALI CHANNAPATNA,
KARNATAKA 562 160.
90 DR. MIDHU MOHAN,
JUNIOR RESIDENT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
ASWATHI, SNDP JUNCTION, SREEKANTAPURAM, NEDIYANGA,
KANNUR.
91 DR. VIDYADHAR RAO,
PRINCIPAL IN CHARGE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
A/303 SANJAY APARTMENT, VEER SAVARKAR MARG, MUMBAI
BHANDUP EST, MAHARASHTRA 400 042.
92 RAJEEV K.P.
ACCOUNTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
SANDHIKA HOUSE, MUTTANNUR VTC PATTANNUR THALASSERY,
KANNUR.
93 DR.K.M. ASOKAN,
PROCESSOR AND HEAD OBG DEPARTMENT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
WP(C).Nos.15894 & 19307/2020 13
VALANDY, SANDHYARAGAM M.G. ROAD, MATTANNUR, KANNUR.
94 DR.P. GOPEENATHAN,
SENIOR RESIDENT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING AT
SANTHI, NEAR KALAROAD BRIDGE, CHAVASSERY, KANNUR
670 702.
95 SHINJA B.,
OFFICE ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
AKSHARI, THOKKILANGADI, KUTHUPARAMBA, KANNUR.
96 DR. LALITH SUNDARAM,
PROFESSOR AND HEAD,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
AT ASWATHY, KUTHUPARAMBA MANGATTIDAM, KANNUR 670
643.
97 DR. ARJUN M.C,
ASSISTANT PROFESSOR,
' KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A
T
232-A, SARAYU, KUTHUPARAMBA KANNUR.
98 DR. APARNA P.
ASSISTANT PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
232, 2OTH MAIN , B-BLOCK, 3RD STAGE, VIJAYANAGAR,
MYSORE 570 017.
99 SURENDRAN K.,
CIVIL ENGINEER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
KOTTAYI, PUTHUKKUDY HOUSE, CHAMBAD, PATHIRIYAD P.O.
KANNUR.
100 V.K. NISHA,
LIBRARIAN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
THAIPPARAMBATH HOUSE, VELLACHAL P.O. MAKRERI,
MUNDALLUR P.O. KANNUR.
101 ROOPESH V.C.,
ACCOUNTANT ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
POOTHADAKALIL HOUSE, KAVUMTHAZHA, P.O. KOODALI,
KANNUR 670 592.
102 NITHIN MUKUNDAN,
ACCOUNTANT ASSISTANT,
WP(C).Nos.15894 & 19307/2020 14
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
PADAPPAYIL HOUSE, NARATH P.O. KOLACHERY KANNUR 670
601.
103 VIJITH P.P. ACCOUNTANT ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
R.V. HOUSE, ELAYAVOOR SOUTH P.O. MUNDAYAD VARAM,
KANNUR 670 594.
104 PRAKASHAN M.V.,
ACCOUNTANT ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
KALLAYI, PADUVILAYI, KEEZHALLUR, KANNUR.
105 MANOMOHANAN K.,
OFFICE SUPERINTENDENT ,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
1/165, KORAKKANDY, MUZHAPPALA, MAMBA, KANNUR 670
611.
106 RAMESHAN.K.,
LAB ATTENDER,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
KALARI VALAPPIL HOUSE, MUTHUKKOTH, CHELORE, KANNUR
670 594.
107 M.K. BALAKRISHNAN,
HOSTEL WARDEN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
PUNNAKANDIYIL, P.O. PORORA, MARUTHAYI, MATTANNUR,
KANNUR.
108 SUDHAKARAN O.M.,
HOSTEL WARDEN,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
KRISHNAPURAM, PATTANNUR, KANNUR.
109 M. MANOHARAN,
OFFICE ASSISTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
VRINDAVANAM, KUZHIMBALOD, MURINGERI, ANJARAKKANDU,
KANNUR 670 612.
110 DR. ANANDA KUMAR P.G.,
MEDICAL SUPERINTENDENT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
20, GOVINDAN STREET,
AYYAVOOU COLONY, AMINIKIKARAI, CHENNAI, TAMILNADU
600 029.
111 NITHIN P.P.,
WP(C).Nos.15894 & 19307/2020 15
ACCOUNTANT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
NITHIN NIVAS, KOLACHERRY, KANNUR.
112 CHANDRAN M.,
SUPERINTENDENT HRD,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
KARTHIKA MAMBRAM P.O. KANNUR.
113 DR.T. RAMESAN,
PROFESSOR AND HEAD MEDICINE DEPARTMENT AND FORMER
PRINCIPAL,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
RASHMI, KADIROOR, KANNUR 670 642.
114 DR. MOHAMMED ZIAUDDIN SARKHIL,
ASSOCAITE PROFESSORM KANNUR MEDICAL COLLEGE,
ANCHARAKANDY, RESIDING A T
11, SIDDEGOWDA STREET, DODDAMAVALI, BANGALORE
SOUTH, KARNATAKA 560 004.
115 DR. SURITHA P.K.,
ASSOCIATE PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
GOLDEN VILLA, VALIYANNUR P.O. VARAM, KANNUR 670
594.
116 DR. ANITH SREEDHARAN,
ASSISTANT PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
KAILASH, VALIAVALAPKAVU ROAD, CIVIL STATION,
KANNUR.
117 DR. RESHMA MUHAMMED,
ASSISTANT PROFESSOR,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
PUTHIYAPURAYIL SAFIYASS OPP. BTW PAPPINISSERY,
KANNUR.
118 DR. MUSTHAFA C.P.
PROFESSOR AND HOD SURGERY DEAPRTMENT,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY, RESIDING A T
KULANGARAPEEDIKA, KINASSERY, POKKUNNU POST,
KOZHIKODE.
BY ADVS.
SHRI.JOHN VARGHESE
SRI.A.L.GEORGE
WP(C).Nos.15894 & 19307/2020 16
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
695 001.
2 THE SECRETARY TO GOVERNMENT OF KERALA
DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
3 DISTRICT COLLECTOR AND CHAIRMAN DDMA,
COLLECTORATE, KANNUR 670 002.
4 DISTRICT MEDICAL OFFICER,
HEALTH, COLLECTORATE ANNEXE, KANNUR 670 503.
5 KANNUR MEDICAL COLLEGE,
ANJARAKKANDY, KANNUR, 670 612, REPRESENTED BY ITS
PRINCIPAL.
6 NODAL OFFICER,
DISTRICT COVID TREATMENT CENTRE,
KANNUR MEDICAL COLLEGE, ANCHARAKANDY,KANNUR 670
612.
7 ADDL.R7. ADMINISTRATOR OF THE KANNUR MEDICAL
COLLEGE
ANJARAKKANDY.
8 ADDL.R8.KERALA UNIVERSITY OF HEALTH SCIENCES(KUHS)
REPRESENTED BY ITS REGISTRAR.
(ADDL. R7 AND R8 ARE SUO MOTU IMPLEADED AS PER
ORDER DATED 9-11-2020 IN WP(C)).
R3 BY GOVERNMENT PLEADER
R5 BY ADV. SRI.ABDUL RAOOF PALLIPATH
R5 BY ADV. SRI.K.R.AVINASH (KUNNATH)
R8 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.12.2020, ALONG WITH WP(C).15894/2020(J), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.15894 & 19307/2020 17
JUDGMENT
The Doctors, Nurses and Staff of the Kannur Medical College, Anjarakkandy, Kannur, are before this Court in these two writ petitions - which are being disposed of together on account of the identical nature of the factual circumstances presented and the reliefs sought
- alleging that the College and its Hospital had been taken over by the District Collector, Kannur, under the provisions of the Disaster Management Act, 2005 (hereinafter referred to as 'the Act' for short) on 24/03/2020, to use it as a COVID-19 treatment facility; and thus praying that the Government and its functionaries be directed to pay them salary from that date, until the buildings had been handed over back to the Management of the Kannur Medical College.
2. Shri.John Varghese, learned counsel appearing for the petitioners in these cases, show me the order of the District Collector, Kannur - in his capacity as the Chairman of the WP(C).Nos.15894 & 19307/2020 18 District Disaster Management Authority - a copy of which is on record as Ext.P1 in both cases, as per which, it orders: "taking over Anjarakandy Medical College with all staff and facilities. The DMO is delegated the powers to run the Hospital with immediate effect. The Hospital will be under the control of District administration till further orders."(sic). Shri.John Varghese thus argues that it is the District Disaster Management Authority or the Government of Kerala which is obligated in law to pay the salary to the Doctors, Nurses and Staff, until such time as the buildings remained in their possession under the provisions of the Act.
3. Shri.John Varghese further contends that going by Section 34 of the Act, the District Collector is competent to take over the buildings and that Ext.P1 has been issued on the strength of the said provisions; and consequently that the petitioners are entitled to seek their salary, from the date of the said WP(C).Nos.15894 & 19307/2020 19 proceedings, from either the said Authority or from the Government. Shri.John Varghese, therefore, reinteratingly prays that this Court direct the official respondents to pay his clients their eligible salary without any further delay.
4. In response, the learned Senior Government Pleader - Shri.Bijoy Chandran, submitted that a detailed counter affidavit has been filed on behalf of the District Collector, wherein, various facts and figures have been enumerated and stated. He submitted that, going by the contents of the said counter Affidavit, the Government is not obligated to pay the salary to the petitioners herein because, at the time when Ext.P1 order was issued most of them were on strike and did not, therefore, report for work. He says that this is fortified by the fact that in spite of the directions of this Court in the Interim Order dated 13/10/2020 - through which this Court granted them liberty to approach the Disaster WP(C).Nos.15894 & 19307/2020 20 Management Authority to offer their services - none of them, save five, did so, forcing the Authority to recruit persons from outside through a public notification. He added that those petitioners who had reported for duty has been paid as per the applicable criteria. He then went on to submit further that even though Ext.P1 shows that the entire infrastructure of the College had been taken over, the fact remains that through an amended proceedings dated 30/04/2020, a copy of which has been placed as Ext.R3(a) along with both these writ petitions, only a portion of the building was retained and the rest had been returned to the Management. He added that, subsequently, through the proceedings dated 10/11/2020, the remaining building has also been returned to the Management.
5. The learned Senior Government Pleader concluded his submissions by saying that, in fact, even before these writ petitions had been filed, 20 other Doctors and staff of the WP(C).Nos.15894 & 19307/2020 21 College had reported before the Disaster Management Authority and they have been engaged, which clearly establish that the petitioners have chosen not to do so and therefore, that they are not entitled to the claims now made in these writ petitions.
6. The side of the management was argued by their learned Senior Counsel, Shri.George Poonthottam instructed by Shri.Abdul Raoof, learned counsel, who submitted that the counter affidavit filed by his client would establish without doubt that the whole of the Hospital and the Medical College had been taken over by the Disaster Management Authority through Ext.P1 order and therefore, that they are obligated to honour all the commitments to the Staff and Doctors and not his client.
7. As regards the submissions of the learned Senior Government Pleader that Ext.R3(a) proceedings had been subsequently issued, Shri.George Poonthottam vehemently opposed it and said that this order has never WP(C).Nos.15894 & 19307/2020 22 been brought to the notice of his clients and that it cannot be found to be tenable in any case because, even subsequent to it, Exts.R5(g) and R5(h) have been issued by the District Collector taking over the Hostel of the College, as also a neighbouring Engineering College under the same Management, saying that the space for the COVID-19 facility is not sufficient. The learned Senior Counsel, therefore, predicated that Ext.R3(a) cannot obtain the colour of being genuine in any manner and therefore, that it is the District Management Authority or the Government, which has to now honour the salary and other benefits of the Doctors and staffs of the College.
8. Before I analyze the afore submissions, I must record that what has been indited by me afore is only a apercus of the contentions of rival parties and this is because, as per the provisions of the Act, this Court has a very limited role to play at this stage.
9. I say as afore because, when one WP(C).Nos.15894 & 19307/2020 23 examines Sections 65 and 66 of the Act, it is clear that when a facility or vehicle is taken over by the Disaster Management Authority under the provisions of the Act, the owner or the Management gets the statutory right to seek compensation for all the losses that they have suffered. Ineluctably, therefore, the claim of salary now made by the petitioners is also one such head, under which they can claim compensation; and I am, therefore, of the firm view that it would not be just or prudent for this Court to speak further on these issues, lest the statutory procedure be fettered or influenced.
10. As far as the claim of the petitioners are concerned, they are certainly entitled to make it, but the real question is whether they can do so before the Government or the Management themselves. The answer to this is not very hard to obtain because, as I have already said above, as per the provisions of Section 66 of the Act, it is the Management who WP(C).Nos.15894 & 19307/2020 24 obtains the statutory right to seek compensation from the Government and obviously, therefore, the salary of the petitioners, if eligible to them, would also have to be sought for by them through such processes.
11. Indubitably, therefore, I cannot find favour with the petitioners' contention, that it is the Disaster Management Authority or the Government who is obligated to pay them - even assuming that the entire infrastructure of the College had been taken over, including its staff, through Ext.P1 order.
12. At this time, Shri.George Poonthottam, learned Senior Counsel, submitted that the petitioners have not raised any claim for their salary before the Management as of now and consequently that they are not in a position to inform this Court whether such claims are genuine or tenable. He submitted that if this Court is so inclined, his clients may be given the liberty of approaching the competent Authority, namely the Disaster Management WP(C).Nos.15894 & 19307/2020 25 Authority, for quantification of the compensation, which will include the legitimate claims of the petitioners herein also.
13. On hearing the learned Senior Counsel as afore, the learned Senior Government pleader submitted that since the counter affidavit in these cases have been filed by the the District Collector himself, it would not be justified on his part to assess the compensation; and therefore, that this Court may allow the Joint Commissioner of Land Revenue - who is a higher Authority - to do so, as per the provisions of Section 66 of the Act.
14. I must record at this stage that Shri.George Poonthottam does not oppose this.
In the afore circumstances, I order these writ petitions with the following directions:-
(a) The petitioners are left liberty to make their claims for salary before the Management of the Kannur Medical College, Anjarakkandy, within a period of two weeks from the date of receipt of a copy of this judgment. WP(C).Nos.15894 & 19307/2020 26
(b) The Management of the College will assess the afore claims of the petitioners and honour the same within a period of two months thereafter; and if this is not done, the petitioners will be at liberty to invoke their appropriate remedies, as are available to them in law.
(c) Though not directly arising in these cases, for the purpose of completeness of the proceedings, I leave liberty to the Management of the College to seek compensation as per the provisions of Section 66 of the Act; in which event, the said claims will be considered by the Joint Commissioner of Land Revenue, after affording an opportunity of being heard to them and orders thereon will be issued as expeditiously as is possible, but not later than four months from the date on which such claims are made It is needless to say, that the Management of the College will be at full liberty to invoke all other remedies that are available to them WP(C).Nos.15894 & 19307/2020 27 under the Act, after the afore process is completed by the Joint Commissioner of Land Revenue.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/14.12.2020 WP(C).Nos.15894 & 19307/2020 28 APPENDIX OF WP(C) 15894/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.
H3/1473/2020/DCKNR DT. 24.03.2020 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DT. 30.05.2020.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE EMPLOYEES OF THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT DT. 22.06.2020.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE EMPLOYEES OF THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT DT. 22.06.2020.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE EMPLOYEES OF THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT DT. 26.06.2020.
EXHIBIT P6 TRUE COPY OF THE STRIKE NOTICE ISSUED BY THE CITU UNIO DT.22.01.2020 EXHIBIT P7 TRUE COPY OF THE BANK STATEMENT OF HTE IST PETITIONER DT.16.08.2020 EXHIBIT P8 TRUE COPY OF THE BANK STATEMENT OF THE 3RD PETITIONER DT.08.09.2020 EXHIBIT P9 TRUE COPY OF THE BANK STATEMET OF THE 3RD PETITIONER DT.08.09.2020 EXHIBIT P10 TRUE COPY OF THE BANK STATEMENT OF THE 4TH PETITIONER DT,08.09.2020 RESPONDENT'S/S EXHIBITS:
EXHIBIT R3 A A COPY OF THE PROCEEDINGS DATED 30.4.2020 EXHIBIT R3 B COPY OF THE ORDER/PROCEEDINGS DATED 20.8.2020 OF THE DISTRICT PROGRAM MANAGER, KANNUR.WP(C).Nos.15894 & 19307/2020 29
EXHIBIT R3(C) TRUE COPY OF THE ORDER DATED 30.4.2020 ALONG WITH THE AFFIXTURE IN THE PRESENCE OF WITNESS EXHIBIT R3(D) TRUE COPY OF THE SKETCH PREPARED BY THE EXECUTIVE ENGINEER PWD(BUILDINGS) EXHIBIT R3(E) TRUE COPY OF THE INTERIM ORDER DATED 22.9.2020 EXHIBIT R3(F) TRUE COPY OF THE INTERIM ORDER DATED 28.9.2020 EXHIBIT R3(G) TRUE COPY OF THE INTERIM ORDER DATED 12.10.2020 EXHIBIT R3(H) TRUE COPY OF THE INTERIM ORDER DATED 16.10.2020 EXHIBIT R3(I) TRUE COPY OF THE INTERIM ORDER DATED 2.11.2020 EXHIBIT R3(J) TRUE COPY OF THE INTERIM ORDER DATED 5.11.2020 EXHIBIT R3(K) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 14.8.2020 EXHIBIT R3(L) TRUE COPY OF THE REPORT SUBMITTED BY THE DISTRICT MEDICAL OFFICER EXHIBIT R3(M) TRUE COPY OF THE INTERIM ORDER DATED 19.11.2020 IN WPC NO 11805/2020 EXHIBIT R3(N) TRUE COPY OF THE ORDER DATED 10.11.2020 EXHIBIT R6(a) TRUE COPY OF THE ORDER DATED 24.3.2020.
EXHIBIT R6(b) TRUE COPY OF THE LETTER DATED 23.5.2020.
EXHIBIT R6(c) TRUE COPY OF THE ORDER DATED 04.06.2020.
EXHIBIT R6(d) TRUE COPY OF THE ORDER DATED 01.07.2020.
EXHIBIT R6(e) TRUE COPY OF THE REPORT OF DMO WITH MEMO DATED 14.07.2020.
EXHIBIT R6(f) TRUE COPY OF THE REPORT OF COLLECTOR WITH MEMO DATED 14.07.2020.
WP(C).Nos.15894 & 19307/2020 30EXHIBIT R6(g) TRUE COPY OF THE INTERIM ORDER DATED 26.8.2020 IN WPC 11805/2020.
EXHIBIT R6(h) TRUE COPY OF THE LETTER DATED 7.9.2020.
EXHIBIT R6(i) TRUE COPY OF THE INTERIM ORDER DATED 22.09.2020 IN WPC 11805/2020.
EXHIBIT R6(j) TRUE COPY OF THE COUNTER AFFIDAVIT AND DOCUMENTS IN WPC 11805/2020. EXHIBIT R6(k) TRUE COPY OF THE REPORT OF DMO AND MEMO IN WPC 11805/2020.
EXHIBIT R6(l) TRUE COPY OF THE INTERIM ORDER DATED 16.10.2020 IN WPC 11805/2020.
EXHIBIT R6(m) TRUE COPY OF THE ACTION PLAN DATED 24.10.2020.
EXHIBIT R6(n) TRUE COPY OF THE JUDGMENT IN WPC 17723/2020.
EXHIBIT R6(o) TRUE COPY OF THE REPLY GIVEN BY DMO DATED 9.10.2020.
EXHIBIT R6(p) TRUE COPY OF THE INTERIM ORDER DATED 2.11.2020 IN WPC 11805/2020.
EXHIBIT R6(q) TRUE COPY OF THE INTERIM ORDER DATED 9.11.2020 IN WPC 11805/2020.
EXHIBIT R6(r) TRUE COPY OF THE INTERIM ORDER DATED 11.11.2020 IN WPC 11805/2020.
EXHIBIT R6(s) TRUE COPY OF THE PROCEEDING OF DMO DATED 20.11.2020.
EXHIBIT R6(t) TRUE COPY OF THE COMMUNICATION DATED 21.11.2020.
EXHIBIT R6(u) TRUE COPY OF THE REPLY AND ACTION PLAN SUBMITTED BY THE COLLEGE DATED 23.11.2020.
WP(C).Nos.15894 & 19307/2020 31APPENDIX OF WP(C) 19307/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.
H3/1473/2020/DCKNR DDT. 24.03.2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE STRIKE NOTICE DTD.
22.01.2020 ISSUED BY THE CITU UNION IN THE 5TH RESPONDENT MEDICAL COLLEGE.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE EMPLOYEES OF THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT DT. 30.05.2020. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE EMPLOYEES OF THE 5TH RESPONDENT BEFORE THE 31ST RESPONDENT DT. 22.06.2020. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE EMPLOYEES OF THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT DT. 22.06.2020. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE EMPLOYEES OF THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT DT. 26.06.2020. EXHIBIT P7 TRUE COPY OF THE ORDER DT. 05.08.2020 IN WPC NO. 15894/2020 OF THIS HONBLE COURT. RESPONDENT'S/S EXHIBITS:
EXHIBIT R3 A TRUE COPY OF THE PROCCEDING DATED 30.04.2020 EXHIBIT R3 B A TRUE COPY OF THE DO LETTER NO.Z18-10/NHM-
1/PART DATED 15.03.2020 OF THE MINISTRY OF HEALTH AND FAMILY WELFARE.
EXHIBIT R3 C A TRUE COPY OF THE ORDE RNO.
NHM/443/CON(ADMIN) 2020 /SPMSU DATED 24.03.2020 EXHIBIT R3 D TRUE COPY OF THE SKETCH PREPARED BY THE EXECUTIVE ENGINEER PWED (BUILDINGS) EXHIBIT R5(A) TRUE COPY OF THE LETTER DATED 16.3.2020 EXHIBIT R5(B) TRUE COPY OF ORDER NO.H3/1473/2020/DCKNR DATED 24.3.2020 WP(C).Nos.15894 & 19307/2020 32 EXHIBIG R5(C) TRUE COPY OF THE ORDER DCKNR 1396/2020/DM1 DATED 9.4.2020 EXHIBIT R5(D) TRUE COPY OF THE LETTER DT.23.5.2020 EXHIBIT R5(E) TRUE COPY OF THE ORDER NO.DCKNR 3105/2020/DM1 DATED 4.6.2020 EXHIBIT R5(F) TRUE COPY OF THE ORDER NO.1396/2020/DM1 DATED 1.7.2020 EXHIBIT R5(G) TRUE COPY OF THE ORDER NO.5-546/2019 DATED 29.6.2020 PASSED BY HEALTH DIRECTOR EXHIBIT R5(H) TRUE COPY OF THE LETTER DATED 6.7.2020 EXHIBIT R5(I) TRUE COPY OF THE LETTER DATED 25.6.2020 EXHIBIT R5(J) TRUE COPY OF THE ORDER NO.96/2020/HNQA/SHA DT.13.7.2020 EXHIBIT R5(K) TRUE COPY OF THE STATEMENT FILED IN W.P.NO.11805 OF 2020 EXHIBIT R5(L) TRUE COPY OF THE STATEMENT DTD. 10.7.2020 FILED BY DMO EXHIBIT R5(M) TRUE COPY OF THE ORDER IN W.P.NO.11805 OF 2020 DTD. 26.8.2020 EXHIBIT R5(N) TRUE COPY OF THE LETTER SUBMITTED BY THIS RESPONDENT DTD. 7.9.2020 EXHIBIT R5(O) TRUE PHOTOGRAPHS OF MEDICAL COLLEGE WHICH SHOWS THE LIE AND CONDITION OF THE BUILDING EXHIBIT R5(P) TRUE COPY OF THE PHOTOGRAPHS TAKEN FROM MIT INSTITUTE OF TECHNOLOGY