Kerala High Court
Aiswarya Manohar vs The Academy Of Medical Sciences on 19 May, 2020
Bench: A.M.Shaffique, T.V.Anilkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.16897 OF 2018(J)
PETITIONERS:
1 AISWARYA MANOHAR
D/O. T.K.MANOHARAN, AISWARYA, MULLAKKODI,
KAYARALAM, MULLAKODI, KANNUR, KERALA- 670602.
2 IYOTHIS ANNIE JAMES
D/O. JAMES ABRAHAM, THEKKEPARAMBIL JAMES BHAVAN,
MALLAPUZHASSERY, PATHANAMTHITTA, KUZHIKALA,
KERALA- 689644.
3 AKSHARA J.S.
D/O. JAYAKUMAR, PRASANTHI, PERINGAMALA,
KALLIYOOR P.O., VENGANOOR, THIRUVANANTHAPURAM,
KERALA- 695042.
4 K.SNEHA MENON
D/O.K.S.SUPRIYA, CHANDRALAYAM, KONDAZHY,
THRISSUR, SOUTH KONDAZHI, KERALA - 679106.
5 FATHIMA RAZANA U.
D/O. SAINUDHEEN U., UMMATH HOUSE, THIRUTHIYAD,
VAZHAYUR, VAZHAYUR, MALAPPURAM, KERALA- 673633.
6 SHIVENDU R.
D/O. RAJENDRAN C., TC 11/1909(1), RASHI,
THATTINAKAM, THIRUVANANTHAPURAM, MANNANTHALA,
THIRUVANANTHAPURAM, KERALA- 695015.
WP(C) No.16897/18 & conn.cases
-: 2:-
7 SWETHA MANOJ
D/O.MANOK M.C.CHITHABHARAM, KUNNATH HOUSE,
KANNADIKKAL, VENGERI POST, KARAPARAMBA S.O.,
KOZHIKODE, KERALA- 673010.
8 VINDUJA VIJAY
D/O. DAMODARAN PILLAI, VIJAYAKUMAR, AMBADY,
KARAKKAD P.O., MULAKUZHA, CHENGANNUR,
MULAKUZHA(PART), ALAPPUZHA, KERALA- 689504.
9 HRIDYA VAKOOTIL SURENDRANATH
D/O. SURENDRANATH VAKOOTIL, VAKOOTTII,
ESWARAMANGALAM POST, KOTTATHARA, TAVANUR,
MALAPPURAM, PONNANI, KERALA- 679573.
10 SMRITHI P.
D/O. MADHUSUDANAN, NANDANAM, ANAND NAGAR,
KALLEKULANGARA, AKATHETHARA(PART), PALAKKAD,
KERALA - 678009.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
SRI.A.L.NAVANEETH KRISHNAN
SRI.K.THOMAS ALIAS
RESPONDENTS:
1 THE ACADEMY OF MEDICAL SCIENCES
PARIYARAM, KANNUR- 670503.
2 THE PRINCIPAL
ACADEMY OF MEDICAL SCIENCES, PARIYARAM, KANNUR-
670502.
3 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695001.
R3 BY SRI. M.A. ASIF- SPL. G.P.
R1 & R2 BY ADV.SYMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-01-2020, ALONG WITH WP(C).16936/2018(N) AND CONNECTED
CASES, THE COURT ON 19-05-2020 DELIVERED THE FOLLOWING:
WP(C) No.16897/18 & conn.cases
-: 3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.16936 OF 2018
PETITIONERS:
1 ABHINAND SAGAR A
S/O.ABILASH.V.S.,SREEVASAVAM, CHEMPOOR,
MUDAKKAL.P.O.ELAMBA-
MUDAKKAL,THIRUVANANTHAPURAM, KERALA-695103
2 SREEKESH.G
S/O.T.GOPA KUMAR,PULIYINAZHIKAM,
CHONAMCHIRA,PERINAD.P.O.PANAYAM, PERINAD,
KOLLAM, PIN-691601
3 APARNA.P
D/O.C.PRATHEEP,KRISHNASREE, TC 1593(5)PANDIT
LANE,SURVEY SCHOOL ROAD,
THIRUVANANTHAPURAMKERALA-695005
4 ANU ANNA CHACKO
D/O.V.V.CHACKO,VAZHAPARAMBIL, PAROLIKAL,
ATHIRAMPUZHA, KOTTAYAM, KERALA-686 562
5 DEVI.P.D
D/O.PADMAKUMAR.N,HARISREE, THALAYOLAPARAMBU,
THOALAYOLAPARAMBU.P.O.VADAYAR, KOTTAYAM,
KERALA-686605
WP(C) No.16897/18 & conn.cases
-: 4:-
6 SREELEKSHMI.S
D/O.SOMARAJ.G,SREENILAYAM,
MUNGAKKUZHI,KOOROPPADA.P.O.,KOTTAYAM,
KERALA-686502
7 NEENU VARGHESE
D/O. GEEVARGHESE.A.P,ANAKKATTEL MONAPPILLY,
PUTHENCRUZ.P.O.THIRUVANIYOOR,
PUTHENCRUZ,KUNNATHUNAD, ERNAKULAM, KERALA-
682308
8 SANOOBER
D/O. MOIDEEN KUTTY.M.V. THAHIRALAYAM,SAYED
NAGAR,TALIPARAMBA, KANNUR, KERALA PIN-670141
9 ANJU VINOD
D/O. VINOD.M.K., SANTHAM KAKKAYANKAD,
EDATHOTTY, MUZHAKKUNNU, PERAVOOR, KANNUR,
KERALA-670673
10 AMRUTHA.C.V
D/O. KUNHIRAMAN C.V., PRANAVAM, AMPALAM
ROAD,MANDOOR.P.O., KADANNAPPALLI,KANNUR,
KERALA- 670 501
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
SRI.A.L.NAVANEETH KRISHNAN
SRI.K.THOMAS ALIAS
RESPONDENTS:
1 THE ACADEMY OF MEDICAL SCIENCES
PARIYARAM, KANNUR-670503
2 THE PRINCIPAL
ACADEMY OF MEDICAL SCIENCES, PARIYARAM,
KANNUR-670503
WP(C) No.16897/18 & conn.cases
-: 5:-
3 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARYHEALTH AND FAMILY
WELFARE DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695001
R1-2 BY ADV. SMT.BINDUMOL JOSEPH
R1-2 BY ADV. SRI.B.S.SYAMANTHAK
R3 BY SRI. M.A. ASIF, SPL GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-01-2020, ALONG WITH WP(C).16897/2018 AND CONNECTED
CASES, THE COURT ON 19-05-2020 DELIVERED THE FOLLOWING:
WP(C) No.16897/18 & conn.cases
-: 6:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.17071 OF 2018
PETITIONERS:
1 LAKSHMI KRISHNA S.
D/O. DOCTOR P.S SANTHOSH LAL, TC 37/384,TRA
8,THIRUMALA P.O, THIRUVANANTHAPURAM,
KERALA-695 006.
2 SNEHA GANGA P.V
D/O. VIJAYAN P.V, PLANKU VEEDU,MUTTIL P.O,
KOLAVAYAL, NENMENI, MUTTIL NORTH,PARIYARAM,
WYNAD, WAYNAD, KERALA-673 122.
3 AYSHA NAMRIN
D/O. KHALID P, PALAYAT KANNATTY,KADIYANGAD,
CHANGAROTH, KADIYANGAD, KOZHIKODE,KERALA 673
525.
4 SOUDA K.M
D/O. ABDULLA K.M.,KOTTAKULATH MATTAYIL,
THAKKANIL HOUSE,NELLIKUTH, NELLIKUTH P.O,
MANJERI, PAYYANAD, MALAPPURAM, KERALA-676 122.
5 RIYA BAJU
D/O. RAZIA U., MANNAPARAMBIL HOUSE, MANGALAM
TIRUR, MANGALAM-MLP,MALAPPURAM, KERALA -676
561.
WP(C) No.16897/18 & conn.cases
-: 7:-
6 BLESSY P.S
D/O. SHAJI P. GEORGE, 26 190 PUTHAN PARAMBIL,
AMBAT PARAMBU, TATTAMANGALAM P.O,TATHAMANGALAM
(PART), CHENTHAMARANAGAR, PALAKKAD, KERALA-678
102.
7 ASHWINI K.
D/O. GANGADHARAN, KALICHANVALAPPU, 188,NHEKLI,
UDUMA VIA BARE,MYLATTI, KASARGOD, KERALA-671
319.
8 GOWRI M.A
D/O. MOHANAN PILLAI, REVATHY,
MUKKUNNERY,PULIPPARA P.O, KADAKKAL, KOLLAM,
KERALA-691 536.
9 ARYASREE MOHAN
D/O. K. GOPI MOHAN, TC 50/855(10,TRWA
416,SREYAS, THALIYAL, KALADY,
THIRUVANANTHAPURAM,
KERALA-695 002.
10 ARYA B MADHU
D/O. BISMI R, THIRUVONAM, MANKALA,KANJIRAMKULAM
P.O, KANJIRAMKULAM,
THIRUVANANTHAPURAM,KANJIRAMKULAM, KERALA-695
524.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
SRI.A.L.NAVANEETH KRISHNAN
SRI.K.THOMAS ALIAS
RESPONDENTS:
1 THE ACADEMY OF MEDICAL SCIENCES, PARIYARAM
KANNUR-670 503 REPRESENTED BY ITS DIRECTOR.
2 THE PRINCIPAL
ACADEMY OF MEDICAL SCIENCES,PARIYARAM,KANNUR,
PIN 670 502.
WP(C) No.16897/18 & conn.cases
-: 8:-
3 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,HEALTH AND FAMILY
WELFARE DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695 001.
R1-2 BY ADV. SRI.B.S.SYAMANTHAK
R3 BY SRI. M.A. ASIF SPL GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-01-2020, ALONG WITH WP(C).16897/2018 AND CONNECTED
CASES, THE COURT ON 19-05-2020 DELIVERED THE FOLLOWING:
WP(C) No.16897/18 & conn.cases
-: 9:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.17420 OF 2018
PETITIONERS:
1 DEEPAK V.
S/O.S.VIJAYAKUMAR, KOOTTALAYIL,CMC 25,
CHERTHALA P.O., CHERTHALA NORTH[PART],
ALAPPUZHA,
KERALA.688 524.
2 HARIKRISHNAN C
S/O.PARAMESWARAN C, CHANGALIYOT MANA,URULIYHAN
KUNNU, MARAKKARA, KADAMPUZHA,MALAPPURAM,
KERALA.676 553.
3 BASIL BABY
S/O.BABY, MILATTUMOLAYIL, KOLENCHERY,AIKARANAD
NORTH, ERNAKULAM, KOLENCHERY,KERALA.682 311.
4 PRINCE JOHNSON
S/O.JOHNSON C.D, CHAKKALAKKAL
HOUSE,MUNDANGAMATTOM, NADUVATTOM.P.O.,KALADY,
ERNAKULAM, KERALA.683 574.
5 SABINRAJ CHARAPARAMBATH C
S/O.SATHYANANDAN C.P, CHARAPARAMBATH,PAYAMBRA,
KURUVATTUR, PAYIMBRA,KOZHIKODE, KERALA.673 571.
6 ARAVIND B.P
S/O.BINDHU KUMAR M.S, KAILAS,PARAYANVILAKAM,
KANJIRAMKULAM,THIRUVANANTHAPURAM,
KAZHAVUR,KERALA.695 526.
WP(C) No.16897/18 & conn.cases
-: 10:-
7 JENSON MAMACHAN
S/O.MAMACHAN G, THADATHIVILA,VADAKATHIL VEEDU,
KUZHIMATHIKADU,THRIPPALAZHIKAM P.O., KUNDRA,
KAREEPRA,THRIPPALAZHIKOM, KOLLAM, KERALA.691
509.
8 NIHAL KAPPACHALI
S/O.UBAID K.C, KAPPACHALI HOUSE,KALLARATTIKKAL,
URANGATTIRI,MALAPPURAM, KERALA.673 639.
9 GAUTHAM KRISHNA S
S/O.SANTHOSH KUMAR K, KRISHNA
NILAYAM,KUNDAYAM.P.O., PATHANAPURAM,
KOLLAM,KERALA.689 695.
10 BIPIN BABU
S/O.LETHA S, VISHNU NIVAS,MUTHUKULAM,
ALAPPUZHA, KERALA.690 506.
BY ADVS.
SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
SRI.A.L.NAVANEETH KRISHNAN
SRI.K.THOMAS ALIAS
RESPONDENTS:
1 THE ACADEMY OF MEDICAL SCIENCES
PARIYARAM, KANNUR.670 503,
REPRESENTED BY ITS DIRECTOR.
2 THE PRINCIPAL
ACADEMY OF MEDICAL SCIENCES,PARIYARAM,
KANNUR.670 502.
3 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,HEALTH AND FAMILY
WELFARE DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM.PIN.695 001.
R1-2 BY ADV. SRI.B.S.SYAMANTHAK
R3 SRI. M.A. ASIF SPL GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-01-2020, ALONG WITH WP(C).16897/2018 AND CONNECTED
CASES, THE COURT ON 19-05-2020 DELIVERED THE FOLLOWING:
WP(C) No.16897/18 & conn.cases
-: 11:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.24954 OF 2018
PETITIONERS:
1 ASHWATHI PRASHANTH
D/O. DR. PRASANTH K., AGED 19 YEARS, PERALAM,
PAYYANUR, KANNUR-670 307.
2 ROVAN ANJAL T. SIDDEEK
S/O. DR. K.P SIDDEEK,AGED 19 YEARS, CAMEO, M.M
ROAD,THALASSERY, KANNUR-670 101.
3 ASEEM MOHAMMED ASHRAF
S/O. MOHAMMED ASHRAF, AGED 19 YEARS, NAVIYANTE
PARAMBATH, KUTTIADI P.O,KOZHIKODE 674 508.
4 MEGHANA H.
D/O. HEMACHANDRAN K, AGED 19 YEARS, CHAITHANYA,
NARAYANA NAGAR,VADAKARA, KOZHIKODE 673 001.
5 FIDVI FAZAL
S/O. FAZALUDHEEN OLIYATH, AGED 19
YEARS,PALLIVEED, EAST NADA,KODUNGALLUR,
THRISSUR.
6 SHREYA PAVANGAT
D/O. DR. BEHIRSHAN P, AGED 19 YEARS, PAVANGAT
HOUSE,P.O PUTHIYANGAL, KOZHIKODE 673 021.
WP(C) No.16897/18 & conn.cases
-: 12:-
7 KADEEJA ZEBA A
D/O. SIRAJ ALI A.K,AGED 19 YEARS, AVULAN HOUSE,
PONMALA, TIRUR TALUK,MALAPPURAM.
8 ASWATHI PRADEEPKUMAR
D/O. K. PRADEEPKUMAR, AGED 19 YEARS, 10/417,
ASWATHY, VELLAROAD, MANKARA, PALAKKAD 678 613
9 HASNA M.C
D/O. BEERAVUNNI, AGED 19 YEARS,MACHINCHERI
HOUSE, PUTHUR, KUTTIPALA,MALAPPURAM 676 501.
10 GAYATHRI M
D/O. MANIKANTAN M.K, AGED 19 YEARS,
MANNADIYATHIL HOUSE, ELAVUMTHITTA,
MUTTATHUKONAM,
PATHANAMTHITTA 689 625.
11 AMAL. A.J
S/O. AJIKUMAR M., AGED 19 YEARS,PUTHENVILA
VEEDU, THOTTAVARAM, KODUVAZHANOOR
P.O,THIRUVANANTHAPURAM 695 612.
12 KAVYA S SADEESHAN PILLAI AGED 19 YEARS V.C
BHAVAN PARIPPALLY, KOLLAM 691 574.
13 SREELEKSHMI P
D/O. PRABHAKARAN NAIR C.M, AGED 19 YEARS,
CHEMBU PARAMIL, BALAGRAM P.O,IDUKKI 685 552.
14 ASWATHI SIVADAS D/O. SIVADASAN T.P
AGED 19 YEARS, KRISHNAPIRYA,P.O CHELERI, KANNUR
670 604.
15 ASWATHY KRISHNA V
D/O. KRISHNAKUMAR G.S,AGED 19
YEARS,SYAMASADANAM,NR.G.H. SCHOOL, MARAYAMUTTOM
P.O,NEYYATTINKARA,THIRUVANANTHAPURAM 695 124
16 SOURAV C
S/O.S/O. SUNIL KUMAR C, AGED 19 YEARS, SARAYU,
POST THIRUVANGAD, KUTTIMAKKOOL,THALASSERY,
KANNUR 670 103.
WP(C) No.16897/18 & conn.cases
-: 13:-
17 ANJALI M.K
D/O. T. SAJEEV KUMAR, AGED 19 YEARS, SOPANAM,
RAINBOW GRADENS,THIRUVAMBADY POST,
PATTURAIKKAL, THRISSUR 680 022.
18 AISWARYA S.
D/O. VIJAYAKUMARAN NAIR G.LOVE SHORE, SNRA
4K,SWATHI NAGAR LANE 4A,SAP CAMP,PROORKKADA
P.O, THIRUVANANTHAPURAM 695 005.
19 ABHIRAMI S.H
D/O. HARISHBABU N.R, AGED 19 YEARS, TC-
65/2220(1), THIRUVALLAM P.O, THIRUVANANTHAPURAM
695 027.
20 MUFEEDA V.K
D/O. C.H MOHAMMED RAFI, AGED 19 YEARS, FOUSIYA
MANZIL,ILLIPURAM, PAPPINISSERY WEST P.O,
KANNUR 670 561.
21 VAISHNAV
S/O. GOPAKUMAR MEDAYIL, AGED 19 YEARS, MADAYIL
HOUSE, OPP. LEAD COLLEGE OF MANAGEMENT, DHONI
P.O, PALAKKAD 678 009.
22 SUFAID MAMMOO
S/O. MAMMOO, AGED 19 YEARS, MUFEEDA
MANZIL,ENTHODE, PAPPINISSERI, KANNUR.
23 LAKSHMI R
D/O. ROY, AGED 19 YEARS,
PONNAKUDOM,KANGARAPADY, VADACODE, ERNAKULAM 682
021.
24 SAJITH P
S/O. DR. SASIKUMAR, AGED 19 YEARS, SHREYAS,
MANGALAM P.O, LAKKIDI, OTTAPALAM, PALAKKAD 679
301.
25 BHAGATH UDAYAM
S/O. UDAYAKUMAR, AGED 9 YEARS, S.T HOUSE,
AVANAVANCHERI,P.O ATTINGAL, THIRUVANANTHAPURAM
695 033.
WP(C) No.16897/18 & conn.cases
-: 14:-
26 SOWRAV SASIKUMAR
S/O. DR. K.M SASIKUMAR,AGED 19 YEARS, ACHUTHAM,
SRINGAPURAM, P.O KODUNGALLUR, THRISSUR 680 664.
27 AMINA N.S
D/O. M. NISTHAR, AGED 19 YEARS,E.V HOUSE, M.C
ROAD, BALARAMAPURAM P.O,THIRUVANANTHAPURAM 695
501.
28 GOPIKA KRISHNAN K.V
D/O. KRISHNAN K.V, AGED 19 YEARS, KIZHAKKU
VEETTIL HOUSE,MUTHEDATH PARAMBU, CHELEMBRA
P.O,PADINJATTINPADI, MALAPPURAM 673 634.
29 SREELAKSHMI DILEEP
D/O. M.S DILEEP,AGED 19 YEARS, MAROLA HOUSE,
VATTAPARAMBU P.O,KURUMASSERY, ERNAKULAM 683579.
30 SHANA SHERIN C.P
D/O. ABDULLA K.P,AGED 19 YEARS, SHANA SHABNAM,
NR. MADRASSA, TALIPARAMBA P.O, KANNUR 670 11.
31 HRISHIKESH K.S
S/O. DR. K.B SANAL KUMAR,AGED 19 YEARS, LOTUS,
THEKKMODOM ROAD,THRISSUR 680 003.
32 MUFEEDHA SHEREEN MUTHAFA
D/O. T.M MUTHAFA, AGED 19 YEARS, BAITHEEL
SHERINS, NR. MAIDANI MASJID, ELAMBACHI P.O,
THRIKARPUR, KASARAGOD.
33 KAVYA T.S
D/O. JAYASANKARAN KOCHATH, AGED 19 YEARS,
KAVYAM, KOCHATH HOUSE, KOTTATHARA, P.O
EASWARAMANGALAM, PONNANI, MALAPPURAM 679 873.
34 K.P THEERTHA
D/O. K PRADEEPAN, AGED 19 YEARS, METTACK HOUSE,
NALAMPEEDIKA, P.O MAMBA, KANNUR 670 611.
WP(C) No.16897/18 & conn.cases
-: 15:-
35 MEENAKSHI M. PRADEEP
D/O. PRADEEP, AGED 19 YEARS, PJRRA-E-
15,KUMARAPURAM,MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM 695 011.
BY ADVS.
SRI.MAHESH V RAMAKRISHNAN
SRI.K.PRAMOD
RESPONDENTS:
1 STATE OF KERALA
REP BY ITS SECRETARY TO GOVERNMENT,HEALTH &
FAMILY WELFARE (S) DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM 695 001.
2 ADMISSION AND FEE REGULATORY COMMITTEE FOR
PROFESSIONAL COLLEGES IN KERALA,TC 15/1553-4,
PRASANTHI BUILDINGS, M.P APPAN ROAD,
VAZHUTHAKKAD, THIRUVANANTHAPURAM 695 014.
3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM 695 001.
4 ACADEMY OF MEDICAL SCIENCES PARIYARAM
KANNUR 670 503, REPRESENTED BY ITS
CHAIRMAN,BOARD OF CONTROL APPOINTED BY THE
GOVERNMENT OF KERALA.
5 THE PRINCIPAL, ACADEMY OF MEDICAL
SCIENCES,PARIYARAM, KANNUR- 670 503.
R4, R5 BY ADV. SRI.B.S.SYAMANTHAK
R2 SMT. MARY BENJAMIN, SC
R1,R3 SRI. M.A. ASIF SPL GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-01-2020, ALONG WITH WP(C).16897/2018 AND CONNECTED
CASES, THE COURT ON 19-05-2020 DELIVERED THE FOLLOWING:
WP(C) No.16897/18 & conn.cases
-: 16:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.1468 OF 2019(G)
PETITIONERS:
1 VRINDA MOHAN
AGED 19 YEARS
D/O V.P.MOHANAN,
VALIYAPURAYIL, PAZHASSI P.O.,
PAVANNOOORMOTTA,
KANNUR - 670 602.
2 KARTHIKA S,
AGED 21 YEARS
D/O SMITHA P.S.,
VYSHNAVAM HOUSE,
MALLIKA, THATTAYIL P.O.
ADOOR, PATHANAMTHITTA - 691 525.
3 VIJITH VICTOR,
AGED 21 YEARS
S/O VICTOR
PUTHUVILA KIZHAKKATHIL,
MYLAKKADU (P.O.) KOTTIYAM,
KOLLAM - 691 571.
4 NIVYA K.,
AGED 20 YEARS
D/O PRAJOSHKUMAR T.
SAGARKA, ERUVATTY (P.O),
KADIRUR (VIA),
KANNUR - 670 642
WP(C) No.16897/18 & conn.cases
-: 17:-
5 MANISHA K.M.,
AGED 19 YEARS
D/O MANI,
KUNNATHULLY HOUSE,
KOONAMMOOCHI P.O.,
THRISSUR - 680 504.
6 SHIVANI S. PILLAI,
AGED 19 YEARS
D/O K. SADASIVAN PILLAI,
B-1/311 ARAVALI APARTMENTS SECTOR - 34,
NOIDA - 201 301.
7 SHABANA JASMIN P.C.,
AGED 20 YEARS
D/O UMMER P.C.,
PERAPURATH CHENIPARAMBIL HOUSE,
MUTHIRIPARAMBA VALLUVAMRAM P.O.,
MALAPPURAM - 673 642.
8 SHABEENA V.S.,
AGED 20 YEARS
D/O SULAIMAN V.H.,
VETTITHULATHIL HOUSE,
PRADHANI, VADAKKANCHERRY P.O., PALAKKAD - 678
683,
9 KRISHNA C.S.,
AGED 21 YEARS
D/O C.S. SACHIDANANDAN,
CHEMMALA HOUSE,
KUDAVECHOOR .P.O.,
VAIKOM, KOTTAYAM - 686 144.
10 FENNY ANTO MARIYA,
AGED 21 YEARS
D/O ANTONY P.,
PERUMPANACHY HOUSE, MATTARAKKAL P.O.,
PERINTHALMANNA (VIA),
MALAPPURAM - 679 322.
WP(C) No.16897/18 & conn.cases
-: 18:-
11 K.M. LAKSHMI PRIYA,
AGED 20 YEARS
D/O MANI K.R.,
KUNNAPPILLY HOUSE, CHERAI P.O.,
CHERAI, ERNAKULAM - 683 514.
12 GOPIKA C. MENON,
AGED 21 YEARS
D/O SANTHOSH K. MENON,
NARAYANEEYAM, ANNARA,
THIRUR (P.O)
MALAPPURAM - 676 101.
13 FIDHA AZEEZ,
AGED 21 YEARS
D/O ABDUL AZEEZ,
KANJIRATHODI HOUSE,
MAVOOR P.O., KOZHIKODE - 673 661.
14 HAJARA C.,
AGED 19 YEARS
D/O SULAIMAN C.,
CHERUVATH HOUSE, PANOOR (P.O.)
KANNUR - 670 692.
15 KRISHNA RAJASEKHARAN,
AGED 32 YEARS
KRISHNA KRIPA,
KPNRA - 32, VATTEKUNNAM,
EDAPPALLY NORTH P.O.,
ERNAKULAM - 682 024.
16 FATHIMA MUSTHAFA,
AGED 20 YEARS
D/O MUSTHAFA P.,
SHAN'S, ATHAZHAKUNNU,
P.O. KOTTALI, KANNUR - 670 005.
17 AFNITHA A.,
AGED 21 YEARS
D/O ABOOBACKER,
ALAN HOUSE, CHENNALODE,
ARAMBATTUKUNNU P.O. WAYANAD - 673 575.
WP(C) No.16897/18 & conn.cases
-: 19:-
18 MARIA MARTIN,
AGED 20 YEARS
D/O MARTIN K.M.,
KADAKUZHA HOUSE,
THADIKKADAVU P.O,
KANNUR - 670 581.
19 DANIYA SHYAMAHU M.,
AGED 21 YEARS
D/O SIDDIQUE M,
MACHINCHERY HOUSE,
PALATHINGAL HOUSE,
PALATHINGAL, ULLANAM (P.O.)
PARAPPANANGADI, MALAPPURAM - 676 303.
20 ASHLY VIJAYAN,
AGED 21 YEARS
D/O VIJAYAN,
ROHINI NILAYAM,
T.V.PURAM P.O.,
VAIKOM, KOTTAYAM - 686 606.
21 SANA V.,
AGED 21 YEARS
D/O HAMSA V.,
SANAM, GREEN GARDENS,
NEAR HOMEO COLLEGE,
KARAPARAMBA P.O.,
KOZHIKODE - 673 010.
22 HIBA FATHIMA C.,
AGED 20 YEARS
D/O ABDUL SALAM C.,
REGALO, NEAR POST OFFICE,
THANGAL VAYAL, VALAPATTANAM P.O.,
KANNUR - 670 010.
23 AMRUTHA SIVAN,
AGED 20 YEARS
D/O P.M. SADASIVAN,
SIVA BHAVANAM, KUTTEMPEROOR P.O.,
MANNAR, ALAPPUZHA - 689 623.
WP(C) No.16897/18 & conn.cases
-: 20:-
24 FATHIMA FEMINA,
AGED 20 YEARS
D/O ABDUL GAFOOR,
CHULLIYUAKANDY HOUSE,
POONATH P.O.,
NADUVANNUR (VIA),
KOZHIKODE - 673 614.
25 SHAMHA T.M.,
AGED 20 YEARS
D/O ABDUL RAHMAN M.,
SAFA MAHAL, THALICHALAM,
ELAMBACHI P.O., KASARGOD - 671 311.
BY ADVS.
SRI.MAHESH V RAMAKRISHNAN
SRI.K.PRAMOD
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE (S) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 ADMISSION AND FEE REGULATORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, TC
15/1553-4,
PRASANTHI BUILDINGS, M.P.APPAN ROAD,
VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.
3 THE COMMISSIONER FOR ENTRANCE EXAMIONATIONS,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001.
4 PARIYARAM DENTAL COLLEGE,PARIYARAM, KANNUR -
670 503 REPRESENTED BY ITS CHAIRMAN, BOARD OF
CONTROL APPOINTED BY THE GOVERNMENT OF KERALA.
5 THE PRINCIPAL,
PARIYARAM DENTAL COLLEGE,
PARIYARAM, KANNUR - 670 503.
WP(C) No.16897/18 & conn.cases
-: 21:-
R4-5 BY ADV. SRI.B.S.SYAMANTHAK
R1 & R3 SRI. M.A. ASIF SPL GP
R2 BY SMT. MARY BENJAMIN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-01-2020, ALONG WITH WP(C).16897/2018 AND CONNECTED
CASES, THE COURT ON 19-05-2020 DELIVERED THE FOLLOWING:
WP(C) No.16897/18 & conn.cases
-: 22:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.26777 OF 2019(V)
PETITIONERS:
1 SAURABH M.SUDHEESH
AGED 20 YEARS
MANIYALIL, MRRA NO. 59
MANNAM ROAD, EDAPPALLY NORTH P.O, KOCHI 682 024
2 NEERAJA KRISHNAN,
NIKUNJAM, KUDAMALOOR P.O, KOTTAYAM 686 017
3 VIJAY A. NAIR,
RAGAMALIKA , NEAR RAILWAY STATION, KOTTARAKKARA
P.O, KOLLAM 691 506
4 ANJANA J,
AYICKATTU THEKKETHIL, AMBATTUBHAGOM,
MADATHUMBHAGOM NORTH P.O, PURAMATTOM,
THIRUVALLA , PATHANAMTHITTA 689 543
5 ALEN ABRAHAM VARUGHESE,
MARUKKUMMOOTTIL HOUSE, CHEERNCHIRA P.O,
CHANGANASSERY, KOTTAYAM 686 106
6 GAUTHAMI S,
KALAPPURATHOTTIYIL, VEZHAPPARAMBU,
MULANTHURUTHY P.O, ERNAKULAM 682 314
WP(C) No.16897/18 & conn.cases
-: 23:-
7 GADHA JITHESH,
GADHA GOKULAM, NAGAMPADAM, KOTTAYAM 686 001
BY ADVS.
SRI.T.B.HOOD
SMT.M.ISHA
SRI.AMAL KASHA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE PRINCIPAL SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM 695 001
3 THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, (FORMERLY THE
ACADEMY OF MEDICAL SCIENCES)
PARIYARAM, KANNUR 670 503
4 ADMISSION AND FEE REGULATORY COMMITTEE
FOR MEDICAL EDUCATION IN KERALA, REPRESENTED BY
ITS SECRETARY, T.C 15/1553-3, PRASANTHI
BUILDINGS, M.P APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014
R1-3 BY SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE
GENERAL
BY SRI. M.A. ASIF SPL. G.P
R4 BY SMT.MARY BENJAMIN, SC, ADMISSION
SUPERVISORY COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-01-2020, ALONG WITH WP(C).16897/2018 AND CONNECTED
CASES, THE COURT ON 19-05-2020 DELIVERED THE FOLLOWING:
WP(C) No.16897/18 & conn.cases
-: 24:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.26872 OF 2019(H)
PETITIONERS:
1 ANUSREE.V
D/O. P.M. VIJAYAKUMAR SREE SOUPARNIKA,
THAYINERI, ANNUR P.O. KANNUR 67 0307.
2 JUMANA.K.M.,
D/O. HAMZAKUTTY K.M. KAPPUMUGATH HOUSE,
MANIMOOLY P.O. MALAPPURAM 679 333.
3 AYSWARYA VINOD,
D/O. R VINOD, KRISHNANJALI, KOWDIAR P.O.
THIRUVANANTHAPURAM 695 003.
4 BRIGIT SUNNY,
D/O. SUNNY KURUVLA. KIRAN, PIPELINE ROAD, EAST
FOR P.O. THRISSUR 680 001.
5 MEGHA ANN JOSE,
D/O. JOSE IGNATIUS, 7/546, OTTATHENGUMKAL,
MARADU P.O. ERNAKULAM 682 304.
6 HASEENA HAMEED,
D/O. SHAHUL HAMMED, HAYAT HOUSE MAVELIPURAM,
KAKKANAD, KOCHI 682 021.
7 AIME.S.,
D/O. SATHEESH KUMAR, SUARABHI HOUSE,
KOLAVALLOOR, KANNUR 673 525.
WP(C) No.16897/18 & conn.cases
-: 25:-
8 ANOSHIMA.K.K.
D/O. VALSAN K.K. KARIMAM KUNNUMMAL HOUSE,
CHENOLI P.O. PERAMBRA 673 525.
9 NIHA.S.
D/O. M. SALIM, SHYNU MANZIL HOUSE, VALAVIL
PONNAMKARIKKAKOM, POOVANCHAL P.O.
THIRUVANANTHAPURAM 695 575.
10 SUBY SABU MATHEW,
D/O. SABU MATHEW, MADAPPALLIMATTOM HOUSE,
MOOZHOOR P.O. KOTTAYAM 686 503.
11 SMERA JOSHI,
D/O. JOSHI P.T. PULIKKOTTU HOUSE,
VANDASSANAAVIL, THRISSUR 650 613.
12 NASREENA.P.
D/O. SAJID .P. PAKKADA HOUSE, MATTILPPALLY,
VENGARA P.O. 676 304.
13 GAYATHRI.S.
D/O. SURESH BABU, PARVATHI POOKOM, PANOOR P.O.
THALASSERY 670 692.
14 NAMITHA.H. PRASAD,
D/O. HARIPRASAD P.G., PALLIPURATH HOUSE,
JAGATHY, TYCAUD P.O. THIRUVANANTHAPURAM 695
014.
15 NAVNEETH.V.G.
S/O. VIJAYAKUAMR. M. V. NAVANEETHAM HOUSE,
KOYILANDI P.O. MELLUR 673 306.
16 PRAVEEN RAPHEL
S/O. RAPHEL KAVALAKKAT KAVALAKKAT HOUSE, MUNDUR
P.O. THRISSUR 680 541.
17 MUHAMMED THABSHEER,
S/O.K. ABOOBAKAR, PPK HOUSE, MANANTHERI P.O.
MANATHERI, KANNUR 670 643.
WP(C) No.16897/18 & conn.cases
-: 26:-
18 MUHAMMED ANAS.P. P.
S/O. N.K. BASHEER, AYSHA MANZIL, MATTANNUR P.O.
KANNUR 670 702.
19 SHANID ANWAR,
S/O. ANWAR SADATH, MAVULLA PARAMBATH, VANIMEL
P.O. KOZHIKODE 673 506.
20 SHANKAR.H.,
S/O. HARIKUMAR.G. GANGADHARA GARDENS, POONTHI
ROAD, THIRUVANANTHAPURAM 645 011.
21 VAISHAKH. V.,
S/O. VIJAYAKUMAR S.S.,
V.S. NIVAS, SABITHAVATTOM, THIRUVANANTHAPURAM
695 305.
22 SAMEEHA.V.,
D/O. IBARHIM .V. VEETILAYIL HOUSE, KALADITHARA,
SUKAPURAM P.O. EDAPPAL, MALAPPURAM 679 576.
23 SHAHANAZ KANNANTHODI,
D/O. MOHAMMED YOONOS SALIM, KANNANTHODI HOUSE,
PONNIYAKURSSE, PERUNTHALMANNA, MALAPPURAM 679
322.
24 SMRITHI VIJAY,
D/O. K. VIJAYAKUMAR, VIJAYARESMY HOUSE,
AVANAVANCHERY P.O. ATTINGAL, THIRUVANANTHAPURAM
695 103.
25 SREERAJ S.,
S/O. SREEKUMAR.B. SREENIKETHAN CHIRAKKADAVU,
KAYAMKULAM 690 502.
26 ARUN RAJ G.V.,
KELAPPAN NIVAS, NEAR S. N. COLLEGE, THOTTADA
P.O. KANNUR 670 007.
27 VARUN KRISHNAN.S.
S/O. SAJITH.VK. KRISHNA, 7/193 E, LAKEVIEW
GARDENS, PALLIMATTOM, EROOR 682 306.
WP(C) No.16897/18 & conn.cases
-: 27:-
28 AKASH.T.
S/O. RAVEENDRAN.T. THALAKKATT HOUSE, EDAPPAL
P.O. THUVVAM 679 576.
29 SHARATHMAHADEVAN,
S/O. D.S. MAHADEVAN TC 15/1647 (1) MINCHIN
ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.
30 RITHIK JOSHY,
S/O. JOSHY M.R. MULANGIL HOUSE, PADINHARE
VEMBALLUR, VIA KODUNGALLUR, THRISSUR 650 671.
31 MOHAMMED ARIF,
S/O. KUTTIMOOSA MANAF, ANSIF NIVAS, THAZHAMEL,
ANCHAL P.O. KOLLAM 690 521.
32 AJITH P PILLAI,
S/O. PRASANNAN PILLAI, K.B. KALLELIL VEEDU,
VENGA P.O. SASTHAMKOTTA, KOLLAM 690 521.
33 AFSINA ARAFA,
D/O. ABDU SATHAR V.E.SHUKRIYA, P.O. PARAPPUR,
MALAPPURAM 676 503.
34 NEETHA.M.
D/O. UNNIKRISHNAN M, MANJEERAM, MANIYAN ROAD,
PAYYANNUR, KANNUR 670 307.
35 ACHYUTH M NAIR,S/O. MANOJ G NAIR, VAIAYANTHI
HILL VIWW LANE, ARAPPURA ROAD, VATTIYOORKKAVU
P.O. THIRUVANANTHAPURAM 695 013.
36 ABHINAV. P.V.
S/O. E.V. SASI, NAVARANG, UDINOOR P.O. KASARGOD
671310.
BY ADVS.
SRI.MAHESH V RAMAKRISHNAN
SRI.K.PRAMOD
SMT.MARY LIYA SABU
WP(C) No.16897/18 & conn.cases
-: 28:-
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH AND
FAMILY WELFARE (S) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 ADMISSION AND FEE REGULATORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA, TC
15/1553-4
PRASANTHI BUILDINGS, M.P. APPAN ROAD,
VAZHUTHAKKAD, THIRUVANANTHAPURAM 695014.
3 THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS, HOUSING BOARD BUILDING SANTHI
NAGAR, THIRUVANANTHAPURAM 695 001.
4 ACADEMY OF MEDICAL SCIENCES,
PARIYARAM, KANNUR 670 503, REPRESENTED BY ITS
CHAIRMAN, BOARD OF CONTROL APPOINTED BY THE
GOVERNMENT OF KERALA.
5 THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, PARIYARAM, KANNUR
670 503.
R1, R3, R5 BY SRI.K.K.RAVINDRANATH,
ADDL.ADVOCATE GENERAL, SRI. M.A. ASIF , SPL GP
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION
SUPERVISORY COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-01-2020, ALONG WITH WP(C).16897/2018 AND CONNECTED
CASES, THE COURT ON 19-05-2020 DELIVERED THE FOLLOWING:
WP(C) No.16897/18 & conn.cases
-: 29:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.32850 OF 2019(E)
PETITIONER:
B.SREENANDANA
AGED 21 YEARS
D/O SURESH BABU, RESIDING AT JAITHRAM HOUSE,
AYANCHERI , P.O KOZHIKODE , KERALA.
BY ADVS.
SRI.ABRAHAM MATHEW (VETTOOR)
SMT.ELIZABETH OLIVER
SRI.ANIL ABEY JOSE
SMT.ARYA B.
SMT.MERLY THOMAS
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE DEPARTMENT ,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE PRINCIPAL
GOVERNMENT MEDICAL COLLEGE, (FORMERLY ACADEMY
OF MEDICAL SCIENCES), PARIYARAM , KANNUR- 670
503.
WP(C) No.16897/18 & conn.cases
-: 30:-
4 ADMISSION AND FEE REGULATORY COMMITTEE
FOR MEDICAL EDUCATION IN KERALA, REPRESENTED BY
ITS SECRETARY , T.C 15/1553-3, PRASANTHI
BUILDINGS, M.P APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM- 695014.
5 MEDICAL COUNCIL OF INDIA
DADA DEV MANDIR ROAD, DWARAKA PHASE-I, POCKET
14, SECTOR -8, DWARAKA, NEW DELHI- 110077
R1 TO R3 BY SRI. M.A. ASIF, SPL. G.P
R4 BY SMT.MARY BENJAMIN, SC, ADMISSION
SUPERVISORY COMMITTEE FOR PROF. COLLEGES
R5 BY SRI.TITUS MANI VETTOM, SC, MEDICAL
COUNCIL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-01-2020, ALONG WITH WP(C).16897/2018 AND CONNECTED
CASES, THE COURT ON 19-05-2020 DELIVERED THE FOLLOWING:
WP(C) No.16897/18 & conn.cases
-: 31:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.32993 OF 2019(Y)
PETITIONERS:
1 SREELEKSHMI P
AGED 20 YEARS
D/O. MADHAVAN PRAVEEN, PRANAVAM, MERA 34,
ENTHIVILA LANE, MURINJAPALAM, MEDICAL COLLEGE
P. O., THIRUVANANTHAPURAM - 695 011.
2 SANDRA C. PILLAI, AGED 20 YEARS
D/O. MURALIDHARAN PILLAI, SANDRAM, AQRA 26, NCC
ROAD, PEROORKADA P. O., THIRUVANANTHAPURAM -
695 005.
3 ANAGHA VENUGOPAL
AGED 21 YEARS
D/O. SAPNA VENUGOPAL, KALLERI HOUSE, KOTTILA P.
O., EZHOME, KANNUR - 670334.
4 APARNA SASI
AGED 21 YEARS
D/O. SASI C. SURENDRAN, AYODHYA, AYILKAD,
CHEPPAD P. O., ALAPPUZHA - 690 507.
5 ABHISHA FEMIN
AGED 21 YEARS
D/O. KOYAMU KUNNATH, KUNNATH HOUSE,
KUMBALAMOOLA, KALPETTA P. O., WAYANAD - 673
121.
WP(C) No.16897/18 & conn.cases
-: 32:-
6 SANGEETHA K. S.
AGED 21 YEARS
D/O. JAYAMONY E. V., KALCHIRA GREEN VALLY
RUBBER BOARD HOUSING COLONY, RUBBER BOARD P.
O., PUTHUPPALLY - 686009.
7 GIREESH V. P.
AGED 21 YEARS
S/O. VENUGOPAL S., SREESANKARAM, KRA -A- 57,
CHETTIKULANGARA, THIRUVANANTHAPURAM - 695 001.
8 MILU P. ANIL
AGED 20 YEARS
D/O. ANILKUMAR P. S., NIRMALYAM HOUSE,
KOLAPPURAM, A. R. NAGAR P. O., MALAPPURAM -
676305.
9 ARYA GOPAN, AGED 19 YEARS
D/O. GOPAKUMAR, NIRACHARTHU, ANCHALUMOODU,
PERINADU P. O., KOLLAM - 691 601.
10 NIBA AMAL, D/O. SIDDIQUE A., AMMARAMBATH HOUSE,
ULLANAM NORTH, PARAPPANANGADI, MALAPPURAM - 676
303.
11 SUDEEP V. S., AGED 20 YEARS
S/O. SUNESH KUMAR V. K., VARAKUMCHERY HOUSE,
KUNDALIYUR P. O., THRISSUR - 680 616.
12 AJIN A., AGED 20 YEARS
S/O. ASHOKAN P., SATHISADANAM, MUKOODU,
MULAVANA P. O., KOLLAM - 691503.
13 RUSMIN NIHALA V.
AGED 20 YEARS
D/O. RAHMATH, VADAKAYIL HUSE, NOCHAD P. O.,
NADUVANUR, KOZHIKODE - 673614.
14 MEGHA SHAIN
AGED 20 YEARS
D/O. SHAIN SHIVAPRASAD, PUSHPA VILASAM,
PUTHERVAL, VARKALA,
THIRUVANANTHAPURAM - 695 310.
WP(C) No.16897/18 & conn.cases
-: 33:-
15 HARITHA P. ANIL
AGED 20 YEARS
D/O. BINU V. P., PALLIPURATH HOUSE, EDAYUR
NORTH P. O., VALANCHERY, MALAPURAM - 676552.
16 REJLA KUNNOMPURATH PALANGAT
AGED 20 YEARS
D/O. RAHEEMA HUSSAIN, RAHEEMA MANZIL, KANDAKKAI
ROAD P. O., MAYYIL, KANNUR - 670602.
17 RAHIMA
AGED 20 YEARS
D/O. KHYRUNNISSA EBRAHIM, MALOT, KANNADIPARAMBU
P. O., KANNUR - 670604.
18 SILPA S.
AGED 20 YEARS
D/O. MADHUSOODHANAN NAIR, VEMPINATHU PUTHEN
VEEDU, OMALLOR P. O., MANJINIKKARA,
PATHANAMTHITTA - 689647.
19 ALAKA DAS A. K.
AGED 20 YEARS
D/O. U. K. DASAN, AMMA NIVAS, NEAR RAILWAY
STATION, KOYILANDI P. O., KOZHIKODE - 673305.
20 SNEHA MURALIDHARAN
AGED 20 YEARS
D/O. MURALIDHARAN C. P., GEETHALAYAM, KALLEKAD,
PALAKKAD - 678015.
21 RAMSHIDA K. P.
AGED 20 YEARS
D/O. ABDUL NAZAR K. P., KALARI POYIL HOUSE,
PANDIKADAVU, MANANTHAVADY P. O., WAYANAD -
670645.
22 RONJI M. ROY
AGED 20 YEARS
S/O. SHERLET ROY, RONJI VILLA, KALLUM KADAVU,
PATHANAPURAM P.O., KOLLAM - 689695.
WP(C) No.16897/18 & conn.cases
-: 34:-
23 ANU NITTA JENSHU
AGED 20 YEARS
KAIMATHURUTHIL HOUSE, PUTHENVELIKARA P. O.,
ERNAKULAM - 683594.
BY ADVS.
SRI.MAHESH V RAMAKRISHNAN
SMT.MARY LIYA SABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE (S) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 ADMISSION AND FREE REGULATORY COMMITTEE FOR
MEDICAL EDUCATION IN KERALA
TC 15/1553-4, PRASANTHI BUILDINGS, M. P. APPAN
ROAD, VAZHUTHAKKAD, THIRUVANANTHAPURAM -
695014.
3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001.
4 THE PRINCIPAL
GOVERNMENT DENTAL COLLEGE, PARIYARAM MEDICAL
COLLEGE P. O., KANNUR - 670 503.
R1, 3 & 4 BY GOVERNMENT PLEADER
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION
SUPERVISORY COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-01-2020, ALONG WITH WP(C).16897/2018 AND CONNECTED
CASES, THE COURT ON 19-05-2020 DELIVERED THE FOLLOWING:
WP(C) No.16897/18 & conn.cases
-: 35:-
JUDGMENT
WP(C) Nos.16897, 16936, 17071, 17420 & 24954/2018, 1468, 26777, 26872, 32850 & 32993/2019 Shaffique, J.
These writ petitions concern common questions relating to fixation of fee of MBBS/BDS students in the Academy of Medical Sciences, Pariyaram (hereinafter referred as the 'Academy'). The Academy and Co-operative Hospital Complex started functioning as a self financing institution. The Kerala Co-operative Hospital Complex and the Academy of Medical Sciences (Taking over the Management and Administration) Ordinance No.33 of 2018, came into effect on 14/4/2018, by which the Government took over the management and administration of the Academy. Later by virtue of the Kerala Co-operative Hospital Complex, The Academy of Medical Sciences and Allied Institutions (Taking over and Administration) Ordinance No.20 of 2019, which came into effect on 2/3/2019, the Government took over the aforesaid institutions, and it vested in the Government. The Ordinance 20/2019 has since been replaced by Kerala Co-operative Hospital WP(C) No.16897/18 & conn.cases -: 36:- Complex, The Academy of Medical Sciences and Allied Institutions (Taking over and Administration) Act, 2019. The college is renamed as Government Medical College, Kannur. The moot question in these cases is regarding the fee that could be collected from the students. Petitioners contention is twofold. They challenge the fee fixed by the Admission and Fee Regulatory Committee (hereinafter referred as the 'Committee') and secondly it is their case that once the Academy has been taken over by the Government, only the fee prescribed for students in other Government colleges could be collected for students admitted in the Academy. We shall, for clarity, consider the facts of each case.
2. In WP(C) No. 16897/2018, petitioners are students admitted to MBBS Course under the merit quota in the 50% of Government seats. The Government by its order dated 25/7/2017 had fixed the fee for such students at `2,50,000/-. Government Order dated 25/7/2017 has been issued based on a consensual agreement between the Government and the Management. For management quota students, the fee charged for MBBS Course was `10 lakh and for BDS Course `4 lakh. For students of MBBS WP(C) No.16897/18 & conn.cases -: 37:- Course under the NRI quota, the fee was `14 lakhs and for BDS course, it was `5 lakhs. A writ petition came to be filed by certain students who got admission under the management quota as W.P.(c)No.33336/2017 challenging the fee. This court directed the Committee to consider the complaint. The Committee by its order dated 13/4/2018 reduced the fee to `4,86,000/- and in the process directed that the students admitted in merit quota under the Government seats have to remit `2,36,000/- being the balance amount payable after reckoning the fee as `4,86,000/-. Ext.P3 is the said circular issued by the college pursuant to the direction issued by the Committee. The petitioners took up the matter before the competent authority by submitting a representation as Ext.P4. But, there was no response. According to the petitioners, the Committee had fixed the fee only in respect of students who were admitted in the 35% management quota and it cannot have any effect on the fee charged to students who got admission under the merit quota. The other contention urged by the petitioners is that fee applicable for MBSS Courses in Government Medical College is only `25,000/- per year. In the light of the aforesaid factual situation, petitioners WP(C) No.16897/18 & conn.cases -: 38:- have approached this Court inter alia seeking for a declaration that they should not be mulcted with the liability to pay any fee other than the fee fixed as per Government Order dated 25/7/2017 during the academic year 2017-18 and for a declaration that the College is entitled to collect only the tuition fee for the MBSS Course 2018-19 at the rate fixed for similar institutions run by the State and also for setting aside Ext.P3 as illegal and arbitrary.
3. Counter affidavit has been filed on behalf of the State inter alia stating that admissions were completed in the college as per Ext.P1 agreement dated 25/7/2017. But later, by virtue of judgment of a Division Bench of this Court reported in Kerala Self Financing Dental College Management Consortium v. State of Kerala (2017 (4) KLT 809), it was held that Government has no power to enter into any agreement with the Management. Ext.P1, therefore, has no consequence and the Admission and Fee Regulatory Committee is the competent body to approve the fee proposed by the Management. It is therefore the contention of the Government that when the Admission and Fee Regulatory Committee had decided to fix the fee based on the directions of WP(C) No.16897/18 & conn.cases -: 39:- this Court, uniform fee at the rate of `4,85,000/- was fixed for the 85% of the intake and for the remaining 15% NRI seats an annual fee of `14 lakhs was fixed. It was contended that the fee in other Government colleges cannot be adopted for fixing the fee in the above college. All the assets and liabilities of the college had been taken over by the Government. It is further contended that being a self financing college and when Ext.P1 agreement specifically indicates that the fee is subject to the decision of the Fee Regulatory Committee/competent Court, the students will have to pay the fee fixed by the Committee. Though the college has been taken over by the Government, it remains as a self financing institution of the Government and the petitioner cannot take any advantage of the same.
4. Petitioners in WP(C) Nos.16936/2018, 17071/2018 and 17420/2018 are similarly situated persons, having obtained admission under the 50% merit quota.
5. WP(C) No. 24954/2018 has also been filed by students who were admitted to the first year MBBS Course during the year 2017-18. Petitioners are persons who obtained admission under the management quota. At the time of admission, they have paid WP(C) No.16897/18 & conn.cases -: 40:- `5 lakhs and furnished a bank guarantee for `5 lakh. In the writ petition, they have sought for setting aside Ext.P6, the order passed by the Committee fixing the fee at `4,85,000/- for the academic year 2017-18. The contention is that in so far as the college had been taken over by the Government, the principle evolved in fixing fee for self financing colleges should not be adopted. Hence they seek for a direction to the 2nd respondent viz, the Committee to fix the tuition fee during the said academic year for MBBS Course after considering the parameters specified u/s 11 of the Kerala Medical Education (Regulation and Control of Admission to Private Medical Institutions) Act, 2017.
6. WP(C) No. 26872/2019 has been filed by the students who were also admitted to MBBS course in the year 2016-17. They have filed the writ petition inter alia challenging Ext.P2 by which the Committee had approved the prospectus for the academic year 2016-17. Ext.P3 is the Government Order dated 1/9/2016 fixing the fee for management quota students at `11 lakhs. Ext.P4 is the Government Order dated 9/9/2016 wherein it was inter alia provided that the Academy of Medical Sciences, Pariyaram shall be entitled to collect uniform fee approved by the WP(C) No.16897/18 & conn.cases -: 41:- Committee in the State from all students excluding those admitted in the NRI quota. They have also sought for fixing the tuition fee from the academic year 2016-17 based on the income- expenditure of the 4th respondent (Academy of Medical Sciences, Pariyaram) in the light of the judgment of this Court in Kerala Self Financing Dental College Management Consortium's case (supra). They also have sought for a direction to adjust the amount so far paid towards fee to be fixed by the 2 nd respondent and to refund the balance. Yet another relief sought for is to direct the Government to collect only the tuition fee for MBBS course from 2018-19 onwards, at the rate applicable for similar institutions run by the Government in the State.
7. WP(C) No. 26777/2019 has been filed by the students who got admission during academic year 2018-2019, under the State merit quota. Petitioners challenge Ext.P8 order by which the Committee in its proceedings dated 13/4/2018 had fixed the fee for the academic year 2018-19 giving an increase of 10% from the fee fixed for academic year 2017-18, and accordingly fixed the fee at `5,60,000/-. It is inter alia contended that as per Ext.P9 Government Order dated 5/6/2018, the fee fixed by the WP(C) No.16897/18 & conn.cases -: 42:- college for the academic year 2018-19 is `5,60,000/-. Being a Government college, Government is not entitled to fix such exorbitant fee in line with the fee fixed for other Self financing colleges. While impugning Ext.P8 decision of the Committee on different grounds, petitioners sought for a declaration that they are liable to pay only the fees prescribed for the MBBS students of the other Government Medical Colleges in the State and seek for a direction to return the excess fee or to adjust the amount in the fees payable in future.
8. WP(C) No. 32850/2019 has been filed by a 2 nd year MBBS Student of Government Medical College, Kannur, formerly Academy of Medical Science, Pariyaram. She got admission during the academic year 2018-19 and was called upon to pay a fee of `5,60,000/-. She challenges the order passed by the Committee on 13/4/2018 and also seeks for relief as sought for by the petitioner in WP(C) No. 26777/2019.
9. WP(C) No. 1468/2019 has been filed by students who had joined the BDS Course during the academic year 2017-18 at Pariyaram Dental College. Petitioners were admitted to the BDS Course under the Government merit quota in the 50% of WP(C) No.16897/18 & conn.cases -: 43:- Government seats and the fee fixed was `2,10,000/-. By virtue of orders passed by the Committee, all the students have been asked to pay `2,90,000/- except NRI quota students. The petitioners also challenge the fixation of fee by the Committee and seeks a declaration that they are liable to collect only the tuition fee for BDS Course from 2018-19 onwards at the rate fixed for similar institutions run by the Government. They also seek for a direction that the tuition fee of the State merit students of BDS course of the college should be considered afresh after considering the specific parameters fixed in terms of S.11 of the Act.
10. In WP(C) No. 32993/2019, the petitioners are BDS students who got admission to the course during 2017-18. They got admission under the management quota. They challenge Ext.P5, the order dated 26/11/2018 issued by the Committee fixing the fee of the 2017-18 batch at `2,70,000/-. Other contentions are similar to that in WP(C) No. 1468/2019.
11. The Academy was a self financing institution at the relevant time when all the students were admitted to the college. Subsequently, the Academy was taken over by the Government. WP(C) No.16897/18 & conn.cases -: 44:- The fee that is to be paid by the students concerned should be the contractual fee.
12. WP(C) No. 26872/2019 has been filed by the students who were admitted to MBBS course during the academic year 2016-17, under the management quota. The fee fixed at the relevant time was `11 lakhs. There was no challenge to the fee fixed during the relevant time and therefore they cannot seek any adjustment of the fee already paid. But in respect of the fee payable for future years, if they have a case that the same is exorbitant, nothing prevents them from approaching the Committee, if so advised.
13. Petitioners in WP(C) Nos. 16897/2018, 16936/2018, 17071/2018 and 17420/2018 are students admitted to MBBS Course during academic year 2017-2018, under the 50% merit seats, and the fee fixed for such students was at `2,50,000/-, of course subject to the conditions imposed in the Government order dated 25/7/2017. WP(C) No. 1468/2019 has been filed by students who got admission to the BDS Course during the academic year 2017-18, under the 50% of merit seats and the fee fixed was `2,10,000/-. WP(C) No. 24954/2018 has also been WP(C) No.16897/18 & conn.cases -: 45:- filed by students who were admitted to the MBBS Course during the year 2017-18, under the management quota. At the time of admission, they paid `5 lakhs and furnished a bank guarantee for `5 lakh. In WP(C) No. 32993/2019, the petitioners are BDS students who got admission to the course during 2017-18, under the management quota and paid `4,00,000/-. The Committee fixed the fee at `4,85,000/- for MBBS batch and at `2,70,000/- for the BDS batch admitted during the academic year 2017-18, except for NRI category students.
14. There is no dispute about the fact that during the academic year 2017-2018, at the time of admitting 50% of the MBBS students under merit quota, the fee fixed by the Government was `2,50,000/-. Similarly for BDS students coming under the 50% category of merit quota students, the fee fixed by the Government was `2,10,000/-. Clause (xii) of the Government Order dated 25/7/2017, on the basis of which the fee had been fixed, further indicated that the Management shall be entitled to collect tuition fees approved/endorsed for MBBS by the Committee in the State from all the students in the event the consensual agreement is not approved as stipulated in clause WP(C) No.16897/18 & conn.cases -: 46:-
(xi), or the agreement is declared to be void or not enforceable by the Court or any authority competent to declare so. Clause (xi) indicated that the consensual agreement shall be submitted before the Committee constituted by the State Government and shall be subject to their approval. As per the said Government Order, the Management was entitled to collect a fee of `10 lakhs from MBBS students admitted in the 35% seats and `14 lakhs from the students admitted under the 15% seats allotted to children/dependents of Non Resident Indian (NRI) candidates. By judgment in Kerala Self Financing Dental College Management Consortium's case (supra), a Division Bench of this Court had set aside the Government Order dated 25/7/2017. In the aforesaid judgment, the Division Bench has declared S.17 of the 2017 Act as ultra vires and unenforceable. The consensual agreement entered into between the Government and the Colleges, pursuant to the Government Order dated 25/7/2017 has therefore become non est. As far as the fee fixed by the Committee is concerned, this Court had directed the Committee to finalise the fee immediately, after following the procedure prescribed. It is pursuant to the aforesaid direction that the WP(C) No.16897/18 & conn.cases -: 47:- Committee had by its order dated 13/4/2018 fixed the fee for all 85% MBBS students, at `4,85,000/- for the academic year 2017- 18 and `5,60,000/- during the academic year 2018-19. The fee for NRI quota category was fixed at `14 lakhs during the academic year 2017-18 and `20 lakhs during the academic year 2018-19. Similarly for the BDS students excluding NRI category fee was fixed at `2,70,000/- for the academic year 2017-18.
15. Students who were admitted under the merit quota as prescribed by the Government in the 50% merit quota, during the academic year 2017-2018, for MBBS and BDS courses have a contention that their fee structure could not have been changed by the Committee, as their fee had already been fixed by the Government at `2,50,000/- for MBBS students and at `2,10,000/- for BDS students.
16. As far as the existing students are concerned, the Committee had already fixed the fee for 85% of the students. The Committee while considering the claim of the college based on the documents produced by them observed that the documents called for from the college which were essential for the fee regulation had not been submitted by the Principal of the College. WP(C) No.16897/18 & conn.cases -: 48:- Therefore, the Committee found it difficult to calculate and regulate the tuition fee as per the principles and methodology being followed by the Committee in respect of other Medical Colleges and in the order relating to MBBS course, it was held as under:-
"The Committee, in order to regulate the tuition fee structure of the Medical College has called for certain additional information/documents vide its letter AFRC 50/18/MBBS/ACME dated 01.03.2018 from the Medical College. But the documents called for which are essential for the fee regulation has not been submitted by the Principal of the Medical College before the committee on or before the hearing scheduled. So the committee found it difficult to calculate and regulate the tuition fee of the medical college as per the principles and methodology being followed by the Committee in respect of the other Medical Colleges. The said limitation was discussed with the representatives, who attended the hearing. The Committee also pointed out the representatives that as per the audited accounts of the Medical College for the year ended 31.03.2017, it shows an "Excess of income over expenditure" to the tune of Rs.73,39,720.39. The committee on the basis of the records made available so far by the Medical College has meticulously scrutinised each and every expenditure shown in the financial statement. It has been observed that the Medical College has debited a huge amount of Rs.5,50,00,000/- in the income and expenditure account by way of development WP(C) No.16897/18 & conn.cases -: 49:- fund. When the same was discussed with the representatives, they submitted that the said amount is an appropriation out of the surplus earned by the Medical College during the period. This is not a cash expenditure and the same is not allowed.
The Committee also noticed that there are certain other items of expenditure debited in the income and expenditure account, which is common to PG and other courses, eg: stipend paid Rs.6,96,36,815. Similarly, affiliation fee and application fee includes amount spend towards PG B.Sc MLT etc. If the surplus is regulated after eliminating those expenditure attributable to courses other than MBBS, the reported surplus of Rs.73,39,720.39 will be increased drastically.
The above findings show that the Medical College has no allocable deficit, which contributes to an increase in MBBS tuition fee. Therefore, the development reserve is also not warranted.
In view of the above discussion, it is clear that the Medical College has not produced the accounts and supporting documents in the manner in which it is required by the committee for the purpose of fee regulation. Hence, the accounts submitted lacks clarity for want of evidence for the purpose of fee regulation. In P.A. Inamdar Vs State of Maharashtra [(2005) 6 SCC 537], the Hon'ble Supreme Court of India held that "We expect the Committees, so long as they remain functional, to be more sensitive and to act rationally and reasonable with due regard for realities. They should refrain from generalising fee structures and, where needed, should go into accounts, schemes, plans and WP(C) No.16897/18 & conn.cases -: 50:- budgets of an individual institution for the purpose of finding out what would be an ideal and reasonable fees structure for that institution."
In view of the above discussions, findings and the legal position, the Committee found that there is no allocable deficit in the fee regulation. On this basis, the Committee observes that the existing average tuition fee collected @ Rs.10,00,000/- per student for the academic year 2017-18 was also very high.
As there is a regulated surplus to the Medical College, as discussed above, the Committee decided to permit the Medical College to collect a tuition fee at the rate of Rs.4,85,000/- per student per annum for the academic year 2017-18 being the fees permitted to be collected by the KCPCMF Medical College. The Committee has also decided to give an increase @ 10% per annum for future development expenditure and growth of the Medical Colleges for the next academic year 2018-19 and the AFRC allowed indexation (WPI) at the rate of 5% p.a. for the next academic year".
17. The Committee having found that the demand for `10 lakhs for MBBS course was exorbitant, has not stated on what basis the fee had been arrived at. Similar view is expressed while considering the fixation of fee for BDS course as well. Therefore, there is justification on the part of some of the petitioners to contend that the Committee had not properly evaluated the determination of fee. Though the order passed by the Committee WP(C) No.16897/18 & conn.cases -: 51:- does not disclose the manner in which they have arrived at the annual fee, the projection given by the Management was substantially reduced. The Management has not come forward to challenge the fee fixed by the Committee. In fact, the Committee had given a substantial reduction to the fee claimed by the Management. Under such circumstances, we do not find any reason to interfere with the fee fixed for MBBS and BDS courses during the academic year 2017-2018.
18. All the students in the 2017-2018 batch have been admitted taking into account the Government Order dated 25/7/2017 and the prospectus published by the College pursuant to the said Government Order. Though the consensual agreement with the management had been set aside by this Court declaring S.17 of the 2017 Act as ultra vires, in so far as 50% of the students had been admitted on the basis that only `2,50,000/- and `2,10,000/- will be collected from them, it is not appropriate to collect a larger fee from them. Therefore, as far as the students who were admitted for the MBBS and BDS courses under the 50% merit seats as contemplated in Government Order dated 25/7/2017 are concerned, when the Government had already WP(C) No.16897/18 & conn.cases -: 52:- taken over the said institution, it is not appropriate for the Government to collect any other amount from them as fee during the academic year 2017-2018, on the basis of the order passed by the Committee. But, necessarily during the subsequent academic years, they will be under obligation to pay the fee fixed by the Committee. In respect of students who were admitted under the management quota, they are bound by the decision of the Committee and cannot claim any concession.
19. WP(C) No. 26777/2019 and WP(C) No. 32850/2019 has been filed by the students who got admission during academic year 2018-2019, under the State merit quota. The Committee in its proceedings dated 13/4/2018 fixed the fee for the academic year 2018-19 at `5,60,000/-, by adding 10% from the fee fixed for academic year 2017-18, and accordingly fixed the fee. In so far as we have already upheld the decision of the Committee, there is nothing wrong in the Committee adopting such a method to arrive at the fee during the academic year 2018-2019. Students admitted during the academic year 2018-2019 cannot claim the benefit given to the students who got admission in the 50% merit quota during the academic year 2017-18. Such a differentiation WP(C) No.16897/18 & conn.cases -: 53:- was not available during the academic year 2018-19.
20. The claim of the students that only the fee charged by the Government in other institutions alone should be charged cannot be accepted. The students joined the college when it was a self financing institution and there is nothing wrong in the Government to continue the said institution as a self financing institution. There is no obligation on the part of the Government to provide any subsidised fee for the students studying in the said institution. Providing a reduced fee structure for students studying in a particular institution is definitely a policy matter of the Government, for which the Government itself has to take a decision and this Court cannot call upon Government to take any such policy decision in favour of the petitioners.
In the result:-
(i) WP(C) Nos. 16897, 16936, 17071, 17420/2018 and 1468/2019 are partly allowed and disposed of as under:-
Students who were admitted to the MBBS and BDS courses during the academic year 2017-18 in the 50% merit quota need pay only `2,50,000/- and `2,10,000/- respectively, as fee during the said academic year. However, they shall be bound to pay the WP(C) No.16897/18 & conn.cases -: 54:- fee fixed by the Committee from the next academic year onwards.
(ii) WP(C) Nos. 24954/18, 26777, 26872, 32850 and 32993/19 are dismissed.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
T.V.ANILKUMAR
Rp JUDGE
WP(C) No.16897/18 & conn.cases
-: 55:-
APPENDIX OF WP(C) 16897/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT- P1 TRUE COPY OF THE GOVERNMENT ORDER DATED
25.07.2017.
EXHIBIT- P2 TRUE COPY OF THE NEWS ITEM APPEARED IN
DESHABHIMANI DAILY 28.04.2018.
EXHIBIT- P3 TRUE COPY OF THE CIRCULAR DATED
05.05.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT- P4 TRUE COPY OF THE PETITION DATED 09.05.2018 ALONG WITH THE POSTAL ACKNOWLEDGEMENT EVIDENCING ITS RECEIPT. EXHIBIT- P5 TRUE COPY OF THE ORDER DATED 13.04.2018 OF THE ADMISSION AND FEE REGULATORY COMMITTEE.
EXHIBIT- P6 TRUE COPY OF THE ORDINANCE NAMELY, THE KERALA CO-OPERATIVE HOSPITAL COMPLEX AND THE ACADEMY OF MEDICAL SCIENCES (TAKING OVER THE MANAGEMENT AND ADMINISTRATION) ORDINANCE, 2018 PUBLISHED IN KERALA GAZETTE DATED 14.04.2018.
WP(C) No.16897/18 & conn.cases -: 56:- APPENDIX OF WP(C) 16936/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER DATED 25.7.2017 EXHIBIT P2 TRUE COPY OF THE NEWS ITEM APPEARED IN DESHABHIMANI DAILY ON 28.4.2018 EXHIBIT P3 TRUE COPY OF THE CIRCULAR DATED 5.5.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE PETITION DATED 9.5.2018 ALONG WITH THE POSTAL ACKNOWLEDGMENT EVIDENCING ITS RECEIPT EXHIBIT P5 TRUE COPY OF THE ORDER DATED 13.4.2018 OF THE ADMISSION AND FEE REGULATORY COMMITTEE EXHIBIT P6 TRUE COPY OF THE ORDINANCE NAMELY, THE KERALA CO-OPERATIVE HOSPITAL COMPLEX AND THE ACADEMY OF MEDICAL SCIENCES (TAKING OVER THE MANAGEMENT AND ADMINISTRATION)ORDINANCE, 2018 PUBLISHED IN KERALA GAZETTE DATED 14.4.2018 WP(C) No.16897/18 & conn.cases -: 57:- APPENDIX OF WP(C) 17071/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER DATED 25-07-2017.
EXHIBIT P2 TRUE COPY OF THE NEWS ITEM APPEARED IN DESHABHIMANI DAILY DATED 28-4-2018.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR DATED 5-5- 2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE PETITION DATED 9-5- 2018 ALONG WITH THE POSTAL ACKNOWLEDGEMENT EVIDENCING ITS RECEIPT.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 13-4-2018 OF THE ADMISSION AND FEE REGULATORY COMMITTEE.
EXHIBIT P6 TRUE COPY OF THE ORDINANCE NAMELY, THE KERALA COOPERATIVE HOSPITAL COMPLEX AND THE ACADEMY OF MEDICAL SCIENCES (TAKING OVER THE MANAGEMENT AND ADMINISTRATION) ORDINANCE, 2018 PUBLISHED IN KERALA GAZETTE DATED 14-04-2018.
WP(C) No.16897/18 & conn.cases -: 58:- APPENDIX OF WP(C) 17420/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER DATED 25.7.2017.
EXHIBIT P2 TRUE COPY OF THE NEWS ITEM APPEARED IN DESHABHIMANI DAILY DATED 28.4.2018.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR DATED 5.5.2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE SAID PETITION DATED 9.5.2018 ALONG WITH THE POSTAL ACKNOWLEDGEMENT EVIDENCING ITS RECEIPT. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 13.4.2018 OF THE ADMISSION AND FEE REGULATORY COMMITTEE.
EXHIBIT P6 TRUE COPY OF THE ORDINANCE NAMELY, THE KERALA COOPERATIVE HOSPITAL COMPLEX AND THE ACADEMY OF MEDICAL SCIENCES (TAKING OVER THE MANAGEMENT AND ADMINISTRATION) ORDINANCE, 2018 PUBLISHED IN KERALA GAXETTE AND 14.04.2018.
WP(C) No.16897/18 & conn.cases -: 59:- APPENDIX OF WP(C) 24954/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION FOR ADMISSION DATED 08-08-2017 PUBLISHED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE DATA SHEET DATED 21-
08-2017 OF THE 2ND PETITIONER EXHIBIT P3 TRUE COPY OF THE G.O(RT) 2004/2017/H&FWD DATED 17-07-2017.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 20-07-2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE COMMON JUDGMENT DATED 04-01-2018 IN W.P(C) NO. 33336 OF 2017 EXHIBIT P6 TRUE COPY OF THE ORDER IN AFRC 50/17/MBBS/ACME DATED 13-04-2018 ISSUED BY THE 2ND RESPONDENT COMMITTEE EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED 23- 05-2018 ISSUED BY THE 5TH RESPONDENT EXHIBIT P8 TRUE COPY OF GO(MS) NO. 126/2017/H&FWD DATED 26-08-2017.
EXHIBIT P9 TRUE COPY OF THE SUBMISSION OF THE HON'BLE MINISTER OF HEALTH & FAMILY WELFARE IN THE LEGISLATIVE ASSEMBLY ON 07-03-2018 EXHIBIT P10 TRUE COPY OF THE SUBMISSION OF THE HON'BLE MINISTER OF HEALTH & FAMILY WELFARE IN THE LEGISLATIVE ASSEMBLY ON 04-06-2018.
EXHIBIT P11 TRUE COPY OF ORDINANCE NO. 33 OF 2018 DATED 14-04-2018 ISSUED BY THE FIRST RESPONDENT WP(C) No.16897/18 & conn.cases -: 60:- EXHIBIT P12 TRUE COPY OF THE ORDER DATED 15-05-2018 ISSUED BY THE ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA.
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 08-01-2018 ISSUED BY THE 2ND RESPONDENT COMMITTEE IN RESPECT OF SUT MEDICAL COLLEGE,VATAPPARA EXHIBIT P14 TRUE COPY OF THE ORDER DATED 08-01-2018 ISSUED BY THE 2ND RESPONDENT COMMITTEE IN RESPECT OF MOUNT ZION MEDICAL COLLEGE, ADOOR.
EXHIBIT P15 TRUE COPY OF THE NOTICE DATED 27.09.2019 ISSUED BY THE 5TH RESPONDENT.
WP(C) No.16897/18 & conn.cases -: 61:- APPENDIX OF WP(C) 1468/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION FOR ADMISSION DATE 08.08.2017 PUBLISHED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE GO(RT)NO.2040/2017/H&FWD DATED 20.07.2017 EXHIBIT P3 TRUE COPY OF THE ORDER IN AFRC 50/17/BDS/ACME DATED 26/11/2018 ISSUED BY THE 2ND RESPONDENT COMMITTEE.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 05.07.2018 IN W.P.(C) NO.16897 OF 2018 EXHIBIT P5 TRUE COPY OF GO(MS)NO.126/2017/H&FWD DATED 26.08.2017.
EXHIBIT P6 TRUE COPY OF THE SUBMISSION OF THE HON'BLE MINISTER OF HEALTH & FAMILY WELFARE IN THE LEGISLATIVE ASSEMBLY ON 07.03.2018.
EXHIBIT P7 TRUE COPY OF THE SUBMISSION OF THE HON'BLE MINISTER OF HEALTH & FAMILY WELFARE IN THE LEGISLATIVE ASSEMBLY ON 04.06.2018.
EXHIBIT P8 TRUE COPY OF ORDINANCE NO.33 OF 2018 DATED 14.04.2018 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF G.O(RT) NO.2040/2017/H&FWD DATED 20.07.2017.
EXHIBIT R1(b) TRUE COPY OF THE ORDINANCE NO.20 OF 2019 DATED 2.03.2019.
WP(C) No.16897/18 & conn.cases -: 62:- EXHIBIT R1(c) TRUE COPY OF G.O(MS) NO.44/2019/H& FWD DATED 18.03.2019.
EXHIBIT R1(d) TRUE COPY OF THE G.O(MS) NO.55/2019/ H& FWD DATED 8.04.2019.
WP(C) No.16897/18 & conn.cases -: 63:- APPENDIX OF WP(C) 26777/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE KERALA CO-OPERATIVE HOSPITAL COMPLEX AND ACADEMY OF MEDICAL SCIENCES (TAKING OVER THE MANAGEMENT ) ACT, 1997 EXHIBIT P2 TRUE COPY OF THE PARIYARAM INSTITUTE OF MEDICAL SCIENCES AND ADVANCED STUDIES IN TUBEERCULOSIS AND CHEST DISEASES ORDINANCE, 2000 EXHIBIT P3 TRUE COPY OF THE PARIYARAM MEDICAL COLLEGE AND HOSPITAL (TRANSFER FOR ADMINISTRATION) ACT , 2001 EXHIBIT P4 TRUE COPY OF G.O(MS) NO. 126/2017/H&FWD DATED 26-08-2017 EXHIBIT P5 TRUE COPY OF THE KERALA CO-OPERATIVE HOSPITAL COMPLEX AND ACADEMY OF MEDICAL SCIENCES (TAKING OVER THE MANAGEMENT AND ADMINISTRATION) ORDINANCE, 2018 EXHIBIT P6 TRUE COPY OF THE KERALA CO-OPERATIVE HOSPITAL COMPLEX, ACADEMY OF MEDICAL SCIENCES AND ALLIED INSTITUTIONS (TAKING OVER AND ADMINISTRATION) ORDINANCE, 2019 EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES, 2018 EXHIBIT P8 TRUE COPY OF THE ORDER DATED 13-04-2018 PASSED BY THE 4TH RESPONDENT COMMITTEE EXHIBIT P9 TRUE COPY OF G.O(P) NO. 83/2018/H&FWD DATED 05-06-2018 WP(C) No.16897/18 & conn.cases -: 64:- EXHIBIT P10 TRUE COPY OF G.O(RT) NO.
2040/2017/H&FWD DATED 20-07-2017 EXHIBIT P11 TRUE COPY OF G.O(RT) NO 2089/2017/H&FWD DATED 25-07-2017 EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 04-01- 2018 IN WRIT PETITION (C) NO. 33336/2017 EXHIBIT P13 TRUE COPY OF THE KERALA MEDICAL EDUCATION (REGULATION AND CONTROL OF ADMISSION TO PRIVATE MEDICAL EDUCATIONAL INSTITUTIONS) ACT 2017 EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 04-09- 2019 ISSUED BY THE PRINCIPAL IN THE LETTERHEAD OF THE ACADEMY OF MEDICAL SCIENCES EXHIBIT P15 TRUE COPY OF THE NOTICE DATED 04-10- 2019 ISSUED BY THE PRINCIPAL IN THE LETTERHEAD OF THE ACADEMY OF MEDICAL SCIENCES.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R2(a) TRUE COPY OF THE G.O(Rt) NO.39/2019/H AND FWD DATED 8/3/2019 EXHIBIT R2(b) TRUE COPY OF THE G.O.(Rt) NO.44/2019/H AND FWD DATED 18/3/2019 EXHIBIT R2(c) TURE COPY OF THE G.O.(Rt) NO.55/2019/H AND FWD DATED 8/4/2019 WP(C) No.16897/18 & conn.cases -: 65:- APPENDIX OF WP(C) 26872/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROSPECTUS FOR ADMISSION 2016 PUBLISHED BY THE 4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 1.9.2016 OF THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF GO (RT) NO. 2463/2016/H &FWD DATED 1.9.2016 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE G.O. (RT) NO.
2547/2016/H & FWD DATED 9.9.2016 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
5.7.2018 SUBMITTED BY THE PETITIONER HEREIN TO THE HONBLE MINISTER OF HEALTH OF KERALA.
EXHIBIT P6 TRUE COPY OF THE ORDER IN AFRC 50/17/MBBS/ACME DATED 13.4.2018 ISSUED BY THE 2ND RESPONDENT COMMITTEE.
EXHIBIT P7 TRUE COPY OF GO (MS) NO. 126/2017/H & FWD DATED 26.8.2017.
EXHIBIT P8 TRUE COPY OF ORDINANCE NO. 33 OF 2018 DATED 14.4.218 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE ORDINANCE 20 OF 2019 DATED 2.3.2019 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 27/9/2019 ISSUED BY THE 4TH RESPONDENT WP(C) No.16897/18 & conn.cases -: 66:- EXHIBIT P11 TRUE COPY OF THE NOTICE DATE 19/11/2019 ISSUED BY THE 5TH RESPONDENT WP(C) No.16897/18 & conn.cases -: 67:- APPENDIX OF WP(C) 32850/2019 PETITIONER'S/S EXHIBITS:
XHIBIT P1 A TRUE COPY OF KERALA CO-OPERATIVE HOSPITAL COMPLEX AND ACADEMY OF MEDICAL SCIENCES (TAKING OVER THE MANAGEMENT ) ACT,1997.
EXHIBIT P2 A TRUE COPY OF THE PARIYARAM INSTITUTE OF MEDICAL SCIENCES AND ADVANCED STUDIES IN TUBERCULOSIS AND CHEST DISEASES ORDINANCE,2000.
EXHIBIT P3 A TRUE COPY OF THE PARIYARAM MEDICAL COLLEGE AND HOSPITAL (TRANSFER OF ADMINISTRATION) ACT 2001.
EXHIBIT P4 A TRUE COPY OF THE GO.
(MS)NO.126/2017/H&FWD DATED 26.08.2017.
EXHIBIT P5 A TRUE COPY OF KERALA CO-OPERATIVE HOSPITAL COMPLEX AND ACADEMY OF MEDICAL SCIENCES (TAKING OVER THE MANAGEMENT AND ADMINISTRATION) ORDINANCE,2018 EXHIBIT P6 A TRUE COPY OF KERALA CO-OPERATIVE HOSPITAL COMPLEX , ACADEMY OF MEDICAL SCIENCES AND ALLIED INSTITUTIONS(TAKING OVER AND ADMINISTRATION) ORDINANCE,2019 EXHIBIT P7 A TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES,2018.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 13.04.2018 PASSED BY THE 4TH RESPONDENT COMMITTEE.
EXHIBIT P9 A TRUE COPY OF THE G.O(P)NO.83/2018/H&FWD DATED 05.06.2018 WP(C) No.16897/18 & conn.cases -: 68:- EXHIBIT P10 A TRUE COPY OF THE G.O (Rt) NO.2040/2017/H&FWD DATED 20.07.2017.
EXHIBIT P11 A TRUE COPY OF THE G.O (Rt) NO.2089/2017/H&FWD DATED 25.07.2017.
EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED 04.01.2018 IN WPC NO. 33336/2017.
EXHIBIT P13 A TRUE COPY OF THE KERALA MEDICAL EDUCATION (REGULATION AND CONTROL OF ADMISSION TO PRIVATE MEDICAL EDUCATIONAL INSTITUTIONS ACT,2017.
EXHIBIT P14 A TRUE COPY OF THE NOTICE DATED 04.09.2019 ISSUED BY THE PRINCIPAL IN THE LETTER HEAD OF THE ACADEMY OF MEDICAL SCIENCES.
EXHIBIT P15 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT IN THE LETTER HEAD OF THE ACADEMY OF MEDICAL SCIENCE DT.4.10.19.
EXHIBIT P16 A TRUE COPY OF CERTIFICATE DATED 15.11.2019 ISSUED BY THE PRINCIPAL , ACADEMY OF MEDICAL SCIENCES TO THE PETITIONER.
EXHIBIT P17 A TRUE COPY OF THE NOTICE DATED 19.11.2019 ISSUED TO THE PETITIONER.
EXHIBIT P18 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, ACADEMY OF MEDICAL SCIENCES, DATED 24.10.2018.
EXHIBIT P19 A TRUE COPY OF THE OPTIONS REGISTERED BY THE PETITIONER FOR THE PARTICIPATION IN THE COUNSELING.
EXHIBIT P20 A TRUE COPY OF THE STATEMENT RECEIVED FROM ACADEMY OF MEDICAL SCIENCE SHOWING THE TOTAL AMOUNT RECEIVED BY THEM TOWARDS TUITION FEE UNDER VARIOUS QUOTA. WP(C) No.16897/18 & conn.cases -: 69:- APPENDIX OF WP(C) 32993/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION FOR ADMISSION DATED 8.8.2017 PUBLISHED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ADMISSION MEMO DATED 3.9.2017 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER NO.1.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20.7.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 12.8.2018 IN W.P.(C) NO.29443 OF 2018.
EXHIBIT P5 TRUE COPY OF THE ORDER IN AFRC 50/17/BDS/ACME DATED 26.11.2018 ISSUED BY THE 2ND RESPONDENT COMMITTEE.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 18.7.2019 ISSUED BY THE 4TH RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE ORDINANCE NO.20 OF 2019 DATED 2.03.2019.
EXHIBIT R1(B) TRUE COPY OF G.O.(MS) NO.44/2019/H&FWD DATED 18.03.2019.
EXHIBIT R1(C) TRUE COPY OF THE G.O.(MS) NO.55/2019/H&FWD DATED 8.04.2019.