High Court of KeralaSingle Judge2022-06-17Disposal: (1) W.P.(C) Nos. 8878/2022, 8851/2022...

In the High Court of Kerala at Ernakulam - WP(C) No. 21486 of 2021 & conn. Cases and connected petitions

Case / Petition Number:WP(C) No. 21486 of 2021 & conn. Cases

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2022-06-17
Court Decision / Holding: The Court disposed of the petitions by grouping them into three bundles. It allowed the second and third bundles, directing SR Medical College to deposit the amounts quantified by AFRC within one month. The first bundle petitions (8878/2022, 8851/2022, 8832/2022) were dismissed. The Government was directed to initiate revenue recovery for amounts payable under AFRC orders, with credit to AFRC from any recovered sums, and to remit security deposits to AFRC. The KUHS was directed to transfer security deposits after adjustments, and the NMC was to return bank guarantees to the SR Medical College within two weeks, with banks releasing funds to AFRC within two weeks thereafter. The judgment also directs the AFRC to reconsider enhanced claims in several connected petitions after hearing the parties, and to ensure petitioners are not coerced for seven months. The decision follows Najma v. UOI’s directions and the earlier WPC 21352/2020 judgment as background.
Final Disposition: Disposal: (1) W.P.(C) Nos. 8878/2022, 8851/2022, 8832/2022 dismissed; (2) W.P.(C) Nos. 21486/2021 and connected petitions allowed in part: SR Medical College to deposit AFRC-quantified amounts within one month; Government to initiate revenue recovery if amounts are not paid; KUHS to remit security deposit to AFRC; NMC to return bank guarantees; AFRC to review and re-quantify for certain petitions after hearing; protection from coercive action for seven months; refunds and reliefs to be processed with priority to specific named petitioners.

Parties to the Case

Appellants / Petitioners

S.R. Medical College and Research Centre (SRMCRC) represented by its Principal
SR Educational and Charitable Trust
Believers Church Medical College
Dr. Somervell Memorial CSI Medical College
Sayanamol S.
Reshma G.S.
Hasna
Anjana C. P.
Vishnu S.
Tijin Thomas
Bensen Thomas
Shijin K
Sheensha Shajahan
Nayana A. Sajeev
Jose Jolly
Lekshmi D.
Theres Jolly
Niran? Niranjan?
Malavika V. Nair
Johhn Nelson
Swathi Krishnan
Niranjana CA

Respondents

State of Kerala represented by the Principal Secretary to Government, Health and Family Welfare Department
Director of Medical Education
Admission Supervisory and Fee Regulatory Committee for Medical Education (Kerala)
Kerala University of Health Sciences
National Medical Commission
S.R. Medical College and Research Centre (SRMCRC) represented by its Principal
S.R. Educational and Charitable Trust
Believers Church Medical College
Dr. Somervell Memorial CSI Medical College

Legal Representation & Advocates

Counsels for Petitioners

• P. M. Saneer
• Tony George Kannant hanam

Counsels for Respondents

• P. Sreekumar
• P. G. Pramod
• Smt. Mary Benjamin
• S. Ganesh

Case Synopsis & Summary

The judgment consolidates several writ petitions (W.P.(C) Nos. 21486/2021 and connected cases) filed by SR Medical College and various students challenging orders of the Admission Supervisory and Fee Regulatory Committee (AFRC) directing refund or payment of tuition/lag fees. The Court groups the petitions into three “bunches.” The first bunch comprises writ petitions filed by SR Medical College challenging AFRC orders; the second and third bunches involve students seeking refunds or enhanced refunds and, in some cases, challenging calculation of lag fees when semesters were not cleared. After hearing counsels and considering submissions, the Court reiterates the framework of the Kerala Medical Education Act (2017) and the AFRC orders, and notably relies on Najma & others v. Union of India to direct revenue recovery actions if debts are not paid, while also directing refunds where appropriate. The judgment ultimately disposes of the second and third bunch petitions in petitioners’ favour by directing SR Medical College to deposit AFRC-quantified amounts within one month and disposing of other petitions (8878/2022, 8851/2022, 8832/2022) by dismissal, with further directions to recover amounts and to protect petitioners from coercive actions for a minimum period. The decision provides a structured mechanism to resolve refunds, recoveries, and future payments.

Provisions of Law Cited

Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017Revenue Recovery Act (Kerala)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that AFRC orders imposing or adjusting fees were miscalculated, particularly regarding lag fees when students do not clear earlier semesters. They contended that continuation in the same professional course due to non-clearance of semesters should be accommodated by charging a lag fee only for the period the student remained in the course, and that refunds should be provided promptly for amounts already paid where the college was closed. They urged the Court to apply Najma v. Union of India and direct the government to recover funds through revenue authorities if required, and to ensure students receive refunds with priority, including status reports and time-bound measures for refund.

Contentions of Respondents

Respondents argued that AFRC orders were within statutory authority, that students continued to utilize college facilities and therefore were liable to pay dues; the AFRC’s calculations were correct or to be adjusted as per KUHS guidance; government mechanisms (revenue recovery) should be used to recover funds where refunds are ordered; KUHS to remit deposits; NMC to return bank guarantees. They submitted that any enhanced refund or waiver should be decided by AFRC after considering all liabilities and security interests.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Najma & others v. Union of India & others	W.P.(C) No.18834 of 2021	Positive	Court relied on Najma to direct refunds and revenue recovery measures and to ensure timely payment to petitioners; used as a guiding precedent for refund and recovery framework.
W.P.(C) No. 21352 of 2020	Noted as Judgment in this Hon’ble Court dated 04.10.2021	Mentioned Only	Cited as background judgment referenced in the present proceedings and exhibits; used for context but not the decisive basis for the primary reliefs granted.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 21486 OF 2021** ## **PETITIONER:** SAYANAMOL. S AGED 23 YEARS D/O.SAKTHIDHARAN K.S., 2ND YEAR (III SEMESTER MBBS STUDENT, DM WIMS MEDICAL COLLEGE, WAYANAD, RESIDING AT KIZHAMANA HOUSE, NADAKKAV P.O., UDAYAMPEROOR, ERNAKULAM-682307. BY ADVS. C.UNNIKRISHNAN UTHARA A.S ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, TRIVANDRUM-695001. 2 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., TRIVANDRUM-695001. - 3 THE PRINCIPAL S.R.MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA, TRIVANDRUM-695301. - 4 THE CHAIRMAN S.R.MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA, TRIVANDRUM-695301 RUN BY SR 2 W.P.(C)No. 21486 of 2021 & conn. Cases. EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., AKATHUMURI, VARKALA. - 5 S.R.MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA, TRIVANDRUM-695301 RUN BY S.R.EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., AKATHUMURI, VARKALA, REPRESENTED BY ITS CHAIRMAN. - 6 THE ADMISSION SUPERVISORY AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION, KERALA, REPRESENTED BY ITS SECRETARY, TC 15/15534, PRASANTHI BUILDING, M.P.APPAN ROAD, VAZHUTHACAUD, TRIVANDRUM-695014. - 7 THE PRINCIPAL/DEAN, - DM WIMS MEDICAL COLLEGE, WAYANAD-673593. - 8 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR-695034. BY ADVS. P.M.SANEER SHRI.R.T.PRADEEP, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA S.SREEKUMAR (SR.) SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA HANI P.NAIR 3 W.P.(C)No. 21486 of 2021 & conn. Cases. R.GITHESH HARIKRISHNAN S. SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES TONY GEORGE KANNANTHANAM SRI P G PRAMOD-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).5353/2022, 8832/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 4 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 8832 OF 2022** ## **PETITIONER:** THE CHAIRMAN S.R.MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURY, VARKALA, THIRUVANANTHAPURAM, RUN BY SR EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O.VARKALA, THIRUVANANTHAPURAM, PIN-695 318 BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. - 2 THE DIRECTOR OF MEDICAL EDUCATION, 5 W.P.(C)No. 21486 of 2021 & conn. Cases. MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM-695 001. - 3 THE ADMISSION SUPERVISORY AND FEE REGULATORY COMMITTEE, FOR MEDICAL EDUCATION, REP BY ITS SECRETARY, T.C.15/1553-4, MP APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. - 4 NIRANJANA C.A, D/O N CHITHARANJAN, 3RD YEAR MBBS STUDENT, BELIEVERS CHURCH MEDICAL COLLEGE, THIRUVALLA, PIN-689 103. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 6 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 8851 OF 2022** ## **PETITIONER:** THE CHAIRMAN S R MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURY, VARKALA, THIRUVANANTHAPURAM RUN BY SR EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O, VARKALA, THIRUVANANTHAPURAM PIN 695 318 BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 - 2 THE DIRECTOR OF MEDICAL EDUCATION 7 W.P.(C)No. 21486 of 2021 & conn. Cases. MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM 695 001 - 3 THE ADMISSION SUPERVISORY AND FEE REGULATORY COMMITTEE - FOR MEDICAL EDUCATION, REPRESENTED BY ITS SECRETARY, T.C 15/1553-4, MP APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014 - 4 SWATHI KRISHNAN D/O. DR. PADMAKUMAR, 3RD YEAR MBBS STUDENT, BELIEVERS CHURCH MEDICAL COLLEGE, THIRUVALLA PIN 689 103 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 8 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 8878 OF 2022** ## **PETITIONER:** THE CHAIRMAN. S.R. MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURY, VARKALA, THIRUVANANTHAPURAM, RUN BY SR EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P. O. VARKALA, THIRUVANANTHAPURAM, PIN - 695 318. BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. - 2 THE DIRECTOR OF MEDICAL EDUCATION 9 W.P.(C)No. 21486 of 2021 & conn. Cases. MEDICAL COLLEGE P. O., THIRUVANANTHAPURAM - 695001. - 3 THE ADMISSION SUPERVISORY AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION REP. BY ITS SECRETARY, T.C.15/1553-4, MP APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695014. - 4 SAYANAMOL S. D/O. SHAKTHIDHARAN K.S., KIZHAMANA HOUSE, NADAKAVU P. O., UDAYAMPEROOR, ERNAKULAM, PIN - 682307. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 10 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 11610 OF 2022** ## **PETITIONER:** RESHMA G.S AGED 24 YEARS D/O P GURULAL, R/O VRINDAVANAM, UMMANNOOR P O, KOTTARAKKARA, KOLLAM-691520. BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE P O, THRISSUR-680596. 11 W.P.(C)No. 21486 of 2021 & conn. Cases. - 3 THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARAKA PHASE 1, NEW DELHI-110077. - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA - T C 15/1553-4, PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. - 5 S R MEDICAL COLLEGE AND RESEARCH INSTITUTE REPRESENTED BY ITS PRINCIPAL, VENNICODE P O, CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695318. - 6 THE CHAIRMAN S R EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P O, CHIRAYINKEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695318. BY ADVS. ADVOCATE GENERAL OFFICE KERALA P.SREEKUMAR SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50) TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 12 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 11638 OF 2022** ## **PETITIONERS:** - 1 TIJIN THOMAS AGED 24 YEARS S/O THOMAS B, PARAVILA HOUSE, PALLICKAL P.O. KOTTARAKARA, KOLLAM-691 566. - 2 BENSEN THOMAS, - AGED 25 YEARS - S/O P.K.THOMAS, POTHUMURIYIL HOUSE, PUTTUMANOOR, PUTHENCRUZ P.O. ERNAKULAM-682 308 - 3 SHIJIN K, - AGED 25 YEARS S/O KRISHNAN V SREE VIHAR, SOORYA NAGAR, KAKKANNI, NSS ENGINEERING COLLEGE P.O. PALAKKAD678 008 - 4 SHEENSHA SHAJAHAN, AGED 26 YEARS D/O MOHAMMED SHAJAHAN, KOTTAYIL HOUSE, P V NORTH THAZHAVA P.O. KARUNAGAPPALLY, KOLLAM-690 13 W.P.(C)No. 21486 of 2021 & conn. Cases. 523. BY ADVS. S.GANESH(K/428-E/1998) PEARL K.DAVIS M.A.ANZAR ## **RESPONDENT:** - 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANNTHAPRUAM-695 001 - 2 KERALA UNIVERISTY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE, P.O.THRISSUR-680 596. - 3 THE NATIONAL MEDICAL COMMISSION, POCKET-14, SECTOR-8, DWARKA PHASE-1, NEW DELHI110 077 - 4 THE ADMISSION SUPERVISORY COMMITTEE, FOR MEDICAL COLLEGES IN KERALA, T.C. 15/1553-4, PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 5 S.R.MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS PRINCIPAL, VENNICODE P.O. CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695 318 14 W.P.(C)No. 21486 of 2021 & conn. Cases. 6 THE CHAIRMAN, S.R.EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O.CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANNTHAPURAM-695 318 BY ADVS. ADVOCATE GENERAL OFFICE KERALA SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50) TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 15 W.P.(C)No. 21486 of 2021 & conn. Cases. # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 11642 OF 2022** ## **PETITIONERS:** - 1 NAYANA A SAJEEV AGED 25 YEARS - D/O. SAJEEV KUMAR, AVITTOM, KATTAKADA P.O., THIRUVANANTHAPURAM-695572. - 2 JOSE JOLLY, AGED 25 YEARS S/O. JOLLY M.V., MALIYECKAL HOUSE, VATTAPPARA P.O., THIRUVANANTHAPURAM-695028. - 3 LEKSHMI D., AGED 25 YEARS - D/O. DEVARAJAN G., THENGUVILAYIL, L.S.P.O. NOORANADU, ALAPPUZHA DISTRICT-690571. - 4 CHAITHANYA D.A. AGED 24 YEARS - D/O. ANIL KUMAR V., NH ROAD, KAZHAKUTTAM, TRIVANDRUM-695582. BY ADVS. - S.GANESH 16 W.P.(C)No. 21486 of 2021 & conn. Cases. ## PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE P.O., THRISSUR-680596. - 3 THE NATIONAL MEDICAL COMMISSION, POCKET-14, SECTOR-8, DWARKA PHASE-1, NEW DELHI110077. - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA, - T.C.15/1553-4 PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. - 5 S.R.MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS PRINCIPAL, VENNICODE P.O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695318. - 6 THE CHAIRMAN, - S.R.EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., CHIRAYINKEEZHU TALUK, 17 W.P.(C)No. 21486 of 2021 & conn. Cases. CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695318. BY ADVS. ADVOCATE GENERAL OFFICE KERALA SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50) TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 18 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 11655 OF 2022** ## **PETITIONERS:** - 1 LAKSHMI GOPINATH AGED 24 YEARS D/O GOPINATHAN PILLAI, MALAMPARA HOUSE, KAITHAKODI AYROOR, PATHANAMTHITTA-689 614. - 2 NIKHIL R, AGED 24 YEARS S/O REMESH, NANDANAM, PERUNGALA, KAYAMKULAM690 559 - 3 G. HARISHANKAR, AGED 23 YEARS S/O GOPAKUMAR G, MANIMURALI, KOLLAKONAM, PAYATTUVILA P.O. THIRUVANANTHAPURAM-695 014. - 4 THERES JOLLY, AGED 25 YEARS - D/O JOLLY M.V, MALIYECKAL HOUSE, VATTAPARA P.O. THIRUVANANTHAPURAM-695 028 BY ADVS. - S.GANESH 19 W.P.(C)No. 21486 of 2021 & conn. Cases. PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANAANTHAPURAM-695 001 - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE P.O.THRISSUR-680 596 - 3 THE NATIONAL MEDICAL COMMISSION, POCKET-14 SECTOR-8 DWARKA PHASE-1, NEW DELHI110 077 - 4 THE ADMISSION SUPERVISORY COMMITTEE, FOR MEDICAL COLLEGE IN KERALA, T.C 15/1553-4 PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-605036 - 5 S.R.MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS PRINCIPAL, VENNICODE P.O. CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYATH, AKKATHUMURI, THIRUVANANTHAPURAM-695 318 - 6 THE CHAIRMAN, S.R.EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O. CHIRAYINKEEZHU TALUK, 20 W.P.(C)No. 21486 of 2021 & conn. Cases. CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695 318 BY ADVS. SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 21 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 11682 OF 2022** ## **PETITIONER:** HASNA AGED 25 YEARS D/O UMMER AK, APPAMKANDATHIL HOUSE, CHERUKODE P.O.VALLAPPUZHA, PALAKKAD-679 336. BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE P.O. THRISSUR-680 596 22 W.P.(C)No. 21486 of 2021 & conn. Cases. - 3 THE NATIONAL MEDICAL COMMISSION, POCKET-14, SECCTOR-8, DWARKAPHASE-1, NEW DELHI110 077 - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGE IN KERALA, - T.C.15/1553-4 PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 5 S.R.MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS PRINCIPAL, VENNICODE P.O. CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695 318 - 6 THE CHAIRMAN, S.R.EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O. CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPAURAM-695 318 BY ADVS. ADVOCATE GENERAL OFFICE KERALA SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50) TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 23 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 11689 OF 2022** ## **PETITIONERS:** - 1 ASLAM ABDUL LATHEEF AGED 25 YEARS KUNNEL PUTHENVEEDU, P V NORTH, THADIYOOR, THAZHAVA P O, KARUNAGAPPALLY, KOLLAM-690523. - 2 SHABNAM S S. AGED 26 YEARS D/O SHAREEF M, SHABNAM COTTAGE, PERUMALA, VELLUMANNADI POST, VENGARUMOODU, THIRUVANANTHAPURAM. - 3 NISANTH A S. AGED 24 YEARS S/O AJAYAKUMAR G, DEEPARADHANA, THALAVOOR, NADUTHERI, KOLLAM-691514. BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR 24 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE P O, THRISSUR-680596. - 3 THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARAKA PHASE -1, NEW DELHI-1100077. - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGE IN KERALA, T C 15/553-4, PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. - 5 S.R.MEDICAL COLLEGE AND RESEARCH INSTITUTE REPRESENTED BY ITS PRINCIPAL VENNICODE P O, CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695318. - 6 THE CHAIRMAN S R EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P O, CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695318. BY ADVS. 25 W.P.(C)No. 21486 of 2021 & conn. Cases. ## P.SREEKUMAR TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 26 W.P.(C)No. 21486 of 2021 & conn. Cases. # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 11921 OF 2022** ## **PETITIONER:** VISHNU .S AGED 26 YEARS S/O. SOMARAJAN PILLAI.R., R/O. VAISHNAVAM , KAMPALADY, PORUVAZHY .P.O., KOLLAM-690 520 BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE P.O., THRISSUR-680 596 27 W.P.(C)No. 21486 of 2021 & conn. Cases. - 3 THE NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR8, DWARAKA PHASE -1, NEW DELHI-110 077 - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA, REPRESENTED BY ITS CHAIRMAN, T.C. 15/1553 -4 PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-605 036 - 5 S.R.MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS PRINCIPAL, VENNICODE P.O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695 318 - 6 THE CHAIRMAN, S.R.EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695 318 BY ADVS. SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES P.M.SANEER TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 28 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 11961 OF 2022** ## **PETITIONER:** MALAVIKA V NAIR AGED 25 YEARS D/O. VINOD.A, R/O. PUTHEN VEEDU, CHAVARA P.O, KOLLAM - 691583. BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE 29 W.P.(C)No. 21486 of 2021 & conn. Cases. - P.O, THRISSUR - 680596. - 3 THE NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS SECRETARY, POCKET -14, SECTOR - 8, DWARKA PHASE - 1, NEW DELHI - 110077. - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA, REPRESENTED BY ITS CHAIRMAN, TC. 15/1553-4 PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695036. - 5 S.R. MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS PRINCIPAL, VENNICODE P.O, CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM -695318. - 6 THE CHAIRMAN, S.R. EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O, CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM -695318. BY ADVS. P.SREEKUMAR TONY GEORGE KANNANTHANAM 30 W.P.(C)No. 21486 of 2021 & conn. Cases. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 31 W.P.(C)No. 21486 of 2021 & conn. Cases. # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 11968 OF 2022** ## **PETITIONER:** A.U.JAYALAKSHMI AGED 24 YEARS D/O.AJITH K.S., R/O USHUS, VAZHAVILAKOM, GOVERNMENT HOSPITAL ROAD, BALARAMAPURAM, THIRUVANANTHAPURAM - 695 501. BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE 32 W.P.(C)No. 21486 of 2021 & conn. Cases. - P.O., THRISSUR - 680 596. - 3 THE NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY, POCKET- 14, SECTOR -8, DWARKA PHASE-1, NEW DELHI - 110 077. - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA - REPRESENTED BY ITS CHAIRMAN, T.C.15/1553-4, PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 605036. - 5 S.R.MEDICAL COLLEGE AND RESEARCH INSTITUTE REPRESENTED BY ITS PRINCIPAL, VENNICODE P.O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM - 695 318. - 6 THE CHAIRMAN S.R.EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM - 695 318. BY ADVS. SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND 33 W.P.(C)No. 21486 of 2021 & conn. Cases. CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 34 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 18170 OF 2022** ## **PETITIONER:** ANJANA C. P. AGED 24 YEARS D/O. K. CHNDRASEKHARAN NAIR, CHEMPAKAMANGALAM MARUTHOOR, NEYATTINKARA, THIRUVANANTHAPURAM-695121. BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE 35 W.P.(C)No. 21486 of 2021 & conn. Cases. - P. O., THRISSUR-680596. - 3 THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR - 8, DWARKA PHASE -1, NEW DELHI - 110077. - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA - T. C. 15/1553-4 PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. - 5 S. R. MEDICAL COLLEGE AND RESEARCH INSTITUTE REPRESENTED BY ITS PRINCIPAL, VENNICODE P. O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIURUVANANTHAPURAM-695 318. - 6 THE CHAIRMAN S. R. EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P. O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695318. ## BY ADV P.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 36 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 18184 OF 2022** ## **PETITIONER:** JOHNH NELSON AGED 24 YEARS S/O FR. NELSON JOHN, KINATTINKARA KIZHAKKETHIL, JO BHAWAN PUTHOOR, PUTHOOR- PO, KOLLAM-691507 BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE P.O, THRISSUR-680596. 37 W.P.(C)No. 21486 of 2021 & conn. Cases. - 3 THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR 8, DWARKA PHASE -1, NEW DELHI - 110077. - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA, T.C. 15/1553-4 PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. - 5 S. R. MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS PRINCIPAL. VENNICODE P.O CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI THIURUVANANTHAPURAM-695 318. - 6 THE CHAIRMAN S.R.EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI THIURUVANANTHAPURAM-695 318. BY ADVS. P.SREEKUMAR P.M.SANEER TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 38 W.P.(C)No. 21486 of 2021 & conn. Cases. # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 18206 OF 2022** ## **PETITIONERS:** - 1 JANCY J AGED 25 YEARS D/O. JOHNSON. C J.J HOUSE, ARRINALLOOR PO. THEVALLAKKARA, KOLLAM-690538. - 2 DARSHAN J AGED 25 YEARS, S/O JAYAPRAKASH R DARSHANAM, POOVATTOOR EAST, KULAKKADA P.O, KOTTARAKKARA KOLLAM-691521. BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** 1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO 39 W.P.(C)No. 21486 of 2021 & conn. Cases. GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE P.O, THRISSUR-680596. - 3 THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR - 8, DWARKA PHASE -1, NEW DELHI - 110077. - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA, - T.C. 15/1553-4 PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. - 5 S. R. MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS PRINCIPAL. VENNICODE P.O CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI ,THIURUVANANTHAPURAM-695 318. - 6 THE CHAIRMAN - S.R. EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIRUVANANTHAPURAM-695318. BY ADVS. P.SREEKUMAR TONY GEORGE KANNANTHANAM 40 W.P.(C)No. 21486 of 2021 & conn. Cases. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 41 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 18212 OF 2022** ## **PETITIONER:** M.PARVATHY NAIR AGED 24 YEARS D/O J.R.PRADEEP, T C 86/189, PADMANABHA VADAKKE VILAKAM ROAD, NEAR CHACKA ITI JN, PETTAH P O, THIRUVANANTHAPURAM-695024. BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE 42 W.P.(C)No. 21486 of 2021 & conn. Cases. ## P.O, THRISSUR-680596. - 3 THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR - 8, DWARKA PHASE -1, NEW DELHI - 110077. - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA, - T.C. 15/1553-4, PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. - 5 S. R. MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS PRINCIPAL, VENNICODE P.O CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI, THIURUVANANTHAPURAM-695 318. - 6 THE CHAIRMAN - S.R. EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, AKKATHUMURI THIRUVANANTHAPURAM-695318. BY ADVS. SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES TONY GEORGE KANNANTHANAM 43 W.P.(C)No. 21486 of 2021 & conn. Cases. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 44 W.P.(C)No. 21486 of 2021 & conn. Cases. # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 18223 OF 2022** ## **PETITIONER:** AYANA EDWIN. AGED 26, D/O EDWIN.S CHURCH VIEW, AMBALATHINKARA KAZHAKUTTOM PO THIRUVANANTHAPURAM-695582. BY ADVS. S.GANESH PEARL K.DAVIS M.A.ANZAR ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. - 2 KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY THE REGISTRAR, MEDICAL COLLEGE P.O, THRISSUR-680596. 45 W.P.(C)No. 21486 of 2021 & conn. Cases. - 3 THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR - 8, DWARKA PHASE -1, NEW DELHI - 110077. - 4 THE ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL COLLEGES IN KERALA, - T.C. 15/1553-4 PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. - 5 S. R. MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS PRINCIPAL. VENNICODE P.O CHIRAYINKEEZHU TALUK, PANCHAYAT, AKKATHUMURI CHERUNNIYOOR THIRUVANANTHAPURAM-695 318. - 6 THE CHAIRMAN - S.R. EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., CHIRAYINKEEZHU TALUK, CHERUNNIYOOR PANCHAYAT, THIRUVANANTHAPURAM695318. AKKATHUMURI, BY ADVS. SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES P.M.SANEER TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 46 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 22215 OF 2021** ## **PETITIONER:** SWATHI KRISHNAN AGED 23 YEARS S/O. DR. PADMAKUMAR S. K., 3RD YEAR (7TH SEMESTER MBBS STUDENT, BELIEVERS CHURCH MEDICAL COLLEGE, THIRUVALLA. BY ADVS. C.UNNIKRISHNAN (KOLLAM) UTHARA A.S ANANDA PADMANABHAN MAHESH CHANDRAN ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE 47 W.P.(C)No. 21486 of 2021 & conn. Cases. GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, TRIVANDRUM - 695 001. - 2 THE DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE P. O., TRIVANDRUM - 695 001. - 3 THE PRINCIPAL - S. R. MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA, TRIVANDRUM - 695301. - 4 THE CHAIRMAN - S. R. MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA, TRIVANDRUM - 695301 RUN BY SR EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P. O., AKATHUMURI, VARKALA. - 5 S. R. MEDICAL COLLEGE AND RESEARCH CENTRE AKATHUMURI, VARKALA, TRIVANDRUM - 695301 RUN BY S.R. EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P. O., AKATHUMURI, VARKALA, REPRESENTED BY ITS CHAIRMAN. - 6 THE ADMISSION SUPERVISORY AND FEE 48 W.P.(C)No. 21486 of 2021 & conn. Cases. REGULATORY COMMITTEE FOR MEDICAL EDUCATION KERALA, REPRESENTED BY ITS SECRETARY, TC 15/1553-4, PRASANTHI BUILDING, M P APPAN ROAD, VAZHUTHACAUD, TRIVANDRUM - 695014. - 7 THE PRINCIPAL / DEAN BELIEVERS CHURCH MEDICAL COLLEGE, THIRUVALLA - 689101. - 8 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR - 695034. BY ADVS. SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL P.M.SANEER SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES E.M.MURUGAN SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES P.R.PRATEESH(K/331/2010) P.RAKESH (VAIKOM)(K/1184/2012) TONY GEORGE KANNANTHANAM 49 W.P.(C)No. 21486 of 2021 & conn. Cases. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 50 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 21952 OF 2021** ## **PETITIONER:** NIRANJANA C A AGED 23 YEARS D/O. N.CHITHARANJAN, 3RD YEAR (7TH SEMESTER) MBBS STUDENT, BELIEVERS CHURCH MEDICAL COLLEGE, THIRUVALLA. BY ADVS. C.UNNIKRISHNAN (KOLLAM) UTHARA A.S ANANDA PADMANABHAN MAHESH CHANDRAN ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, TRIVANDRUM-695001. 51 W.P.(C)No. 21486 of 2021 & conn. Cases. - 2 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., TRIVANDRUM-695001. - 3 THE PRINCIPAL, - S.R.MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA,TRIVANDRUM-695301. - 4 THE CHAIRMAN, - S.R.MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA,TRIVANDRUM-695301, RUN BY SR EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., AKATHUMURI, VARKALA. - 5 S.R.MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA,TRIVANDRUM-695301, RUN BY S.R.EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., AKATHUMURI, VARKALA, REPRESENTED BY ITS CHAIRMAN. - 6 THE ADMISSION SUPERVISORY AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION, KERALA, REPRESENTED BY ITS SECRETARY, TC 15/15534, PRASANTHI BUILDING, M P APPAN ROAD, VAZHUTHACAUD, TRIVANDRUM-695014. - 7 THE PRINCIPAL/DEAN, BELIEVERS CHURCH MEDICAL COLLEGE, - THIRUVALLA. - 8 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR. BY ADVS. 52 W.P.(C)No. 21486 of 2021 & conn. Cases. SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL P.M.SANEER SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES E.M.MURUGAN SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 53 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 22941 OF 2021** ## **PETITIONER:** FATHIMA SHANAVAS AGED 23 YEARS D/O.ABDUL MAJEED SHANAVAS, 3RD YEAR (7TH SEMESTER MBBS STUDENT), DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE, KARAKKONAM, THIRUVANANTHAPURAM DISTRICT-695504. BY ADVS. C.UNNIKRISHNAN (KOLLAM) ANANDA PADMANABHAN UTHARA A.S MAHESH CHANDRAN VIJAYKRISHNAN S. MENON M.R.SUDHEENDRAN 54 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, TRIVANDRUM695001. - 2 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., TRIVANDRUM-695001. - 3 THE PRINCIPAL - S.R.MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA, TRIVANDRUM-695301. - 4 THE CHAIRMAN - S.R.MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA, TRIVANDRUM-695301 RUN BY SR EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., AKATHUMURI, VARKALA. - 5 S.R.MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI, VARKALA, TRIVANDRUM-695301 RUN BY SR EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., AKATHUMURI, VARKALA, 55 W.P.(C)No. 21486 of 2021 & conn. Cases. ## REPRESENTED BY ITS CHAIRMAN. - 6 THE ADMISSION SUPERVISORY AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION, KERALA, REPRESENTED BY ITS SECRETARY, TC 15/1553-4, PRASANTHI BUILDING, M.P.APPAN ROAD, VAZHUTHACAUD, TRIVANDRUM-695014. - 7 THE PRINCIPAL/DEAN, DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE, KARAKKONAM, THIRUVANANTHAPURAM-695318. - 8 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., THRISSUR, PIN-680596. BY ADVS. SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL GOVERNMENT PLEADER P.M.SANEER SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES ARUN.B.VARGHESE AISWARYA V.S. VARNA MANOJ TONY GEORGE KANNANTHANAM 56 W.P.(C)No. 21486 of 2021 & conn. Cases. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).21486/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 57 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **JUDGMENT** ## **Dated this the 17th day of June, 2022 .** The afore cases are being considered together, but grouped into three bunches since, though the basic factual edifice is common in all of them, there are subtle differences. 2. The first bunch will comprise of W.P. (C)No.8878/2022, W.P.(C)No.8851/2022 and W.P. (C)No.8832/2022, which are all writs filed by “S.R.Medical College and Research Institute”. 3. The second bunch takes in W.P(C)Nos.11610/2022, 11638/2022, 11642/2022, 11655/2022, 11682/2022, 11689/2022, 11921/2022, 58 W.P.(C)No. 21486 of 2021 & conn. Cases. 11961/2022, 11968/2022, 18170/2022, 18184/2022, 18206/2022, 18212/2022 and 18223/2022, which are all writ petitions filed by the erstwhile students of “S.R.Medical College and Research Institute”, who seeks quick implementation of certain orders of the “Admission and Fee Regulatory Committee” (hereinafter referred to as “AFRC” for short), ordering return of fees earlier paid by them to the said College. 4. The third bunch comprises W.P.(C)Nos. 21486/2021, 22215/2021, 21952/2021 and 22941/2021, which are also writ petitions filed by the students of the afore College, seeking to enforce the orders of the AFRC; but impugning them in part, asserting the amounts ordered to be refunded by the College is woefully insufficient. 59 W.P.(C)No. 21486 of 2021 & conn. Cases. 5. Most of the facts in these cases are admitted and, therefore, it would not require me to deal with them in detail. 6. Compendiously, the students – who are petitioners in the 2[nd] and 3[rd] Bunches – were studying in the “S.R. Medical College and Research Institute” (hereinafter referred to as “S.R.Medical College”), which was closed down on account of lack of facilities, under the orders of the National Medical Commission (NMC) [which was earlier called the Medical Council of India(MCI)]. 7. Obviously, the question arose as to the refund of fees collected by the “S.R.Medical College” and the matter reached the AFRC, constituted under the provisions of the _**Kerala Medical Education**_ 60 W.P.(C)No. 21486 of 2021 & conn. Cases. _**(Regulation and Control of Admission to Private**_ _**Medical Educational Institutions) Act, 2017**_ (hereinafter referred to as the “Act” for short). 8. The AFRC passed orders in the case of each student, directing “S.R.Medical College” to return certain amounts to them. 9. “S.R.Medical College” has filed the 1[st] Bunch of cases, challenging some of the afore orders of the AFRC; while, as stated above, the 2[nd] Bunch of cases are filed by the students seeking that said orders be implemented; and the 3[rd] Bunch contains an additional contention that the amounts quantified by the AFRC are inadequate. 10. I have heard Sri.Kurian George Kannanthanam – learned Senior Counsel, instructed by Sri.P.M.Saneer – 61 W.P.(C)No. 21486 of 2021 & conn. Cases. learned counsel appearing for the “S.R.Medical College”; Sri.C.Unnikrishnan – learned counsel appearing for the petitioners in Bunch No.3 writ petitions; Sri.S.Ganesh – learned counsel for the petitioners in Bunch No.2 cases; Sri.Titus Mani Vettam – learned Standing Counsel for the National Medical Commission (NMC); Sri.P.Sreekumar – learned Standing Counsel for the Kerala University of Health Sciences; Sri.Thomas P.Kuruvila and Sri.Arun B Varghese, appearing for certain colleges, to which the students have been subsequently admitted; and Sri. Pramod P.G. – learned Government Pleader appearing for the official respondents. 11. I must record upfront that the learned Senior Counsel, Sri.Kurian George Kannanthanam, conceded that his client is not pressing the 1st Bunch of cases on its 62 W.P.(C)No. 21486 of 2021 & conn. Cases. merits, provided they are given some time to pay off the liabilities, as determined against them. He submitted that though there are valid reasons for his client to impugn the orders of the AFRC, they are choosing not to do so in fairness and so that the students will be put to no further prejudice. 12. As a consequence, it becomes perspicuous that the orders of the AFRC now remain without contest and hence 2nd and 3rd Bunches of writ petitions become deserving of grant of reliefs as sought for; and the sole issue left for consideration by this Court on its merits, is the plea of the petitioners in the 3rd Bunch, for enhancement of the amounts quantified therein by the Committee. 13. Sri.C.Unnikrishnan – learned counsel appearing 63 W.P.(C)No. 21486 of 2021 & conn. Cases. for the petitioners in the 3[rd] Bunch, submitted that in each of the impugned orders issued by the AFRC, it has unfortunately assumed that since the petitioners therein did not clear their semesters in time, they should be construed to have been continuing their studies, along with their batch mates. The learned counsel contented that this view has been arrived at by the AFRC without adverting to the undisputed fact that, when students fail to clear the 1[st] and 2[nd] semesters, they have to continue in the same semester, along with the next batch of students, by paying a “ lag fee”. He submitted that, therefore, their liability to pay the fee for the next semester/year would only arise after they clear the semesters/years which they have not passed, for which purpose alone, the “lag fee” is imposed and collected. 64 W.P.(C)No. 21486 of 2021 & conn. Cases. He contented that, however, the AFRC did not advert to this crucial aspect and has issued the orders partly impugned, ordering refund of only amounts that were found due for the succeeding years. 14. Pertinently, Sri.P.Sreekumar – learned Standing Counsel for the KUHS, argued more or less on the same lines of Sri.C.Unnikrishnan, explaining that, as far as the First Professional MBBS is concerned, it takes only the 1[st] and 2[nd] semesters, and that if the students did not clear it, they would not go to the next semester/year. He agreed that, in such cases, the students will continue to be in the first Professional MBBS Course and will have to do the semesters again, for which, a “lag fee” is collected. He thus submitted in favour of the petitioners that, in such a scenario, they could not be mulcted with 65 W.P.(C)No. 21486 of 2021 & conn. Cases. the fees for the subsequent years, since their continuation in the First Professional MBBS would be edificed on the “lag fee”, which is only marginally lower than the normal fee for that course. 15. Sri.P.M.Saneer – learned Standing Counsel for the “S.R.Medical College”, however, controverted the afore submissions, contending that the AFRC has correctly found that the petitioners in the 3[rd] Bunch writ petitions were enjoying the facilities of the College until it was closed down; and, therefore, that they are liable to pay the fees for the said duration. He, therefore, prayed that the writ petitions in this Bunch be dismissed, to the extent to which it impugns the orders of the AFRC. 16. As I have said prefatorily, this Court is not required to enter into the merits of the orders of the 66 W.P.(C)No. 21486 of 2021 & conn. Cases. AFRC, except to the extent it is impugned in the 3[rd] Bunch. The specific issue in controversy, in my view, needs to be reconsidered by the AFRC because of the stand taken by the KUHS. As seen above, the learned Standing Counsel for the University makes an affirmative submission that a student, who continues to be in the First Professional MBBS (which is to mean the 1[st] and 2[nd] semesters), does so by paying a “lag fee”, would not be liable to pay the fees for the next semester or year, unless the said course is cleared. If that be so, certainly, the AFRC has to decide whether the students who pay the “lag fee” and continue in the First Professional MBBS, would require to pay the fee for the subsequent years or semesters, because they were using the facilities of the college under the strength of such additional fee. This 67 W.P.(C)No. 21486 of 2021 & conn. Cases. decision will have to be taken by the AFRC being cognizant of the fact that “lag fee” has been charged by the College from the petitioners as per their orders itself. 17. That being so said, the sole other responsibility of this Court is to ensure that the petitioners in 2[nd] and 3[rd] Bunches receive the amounts ordered by the AFRC, or to be ordered by them in future, from the “S.R.Medical College” without delay. 18. In the afore endeavour, I am guided by the judgment of a learned Division Bench of this Court in **Najma & others v. Union of India & others** ( **W.P.(C) No.18834 of 2021)** . 19. The learned Division Bench, in the afore judgment, after analysing the attributes of the “Essentiality Certificate” issued by the Government 68 W.P.(C)No. 21486 of 2021 & conn. Cases. before a Private Self Financing College is sanctioned to operate, issued the following directions wherein fees had been ordered to be refunded to the students: “ _`11. Government has authorised, as per order No. G.O. (Ms)No. 82/2021/H&FWD dated, Thiruvananthapuram, 3-4-2021, the Director of Medical Education (DME) as the Requisition Authority to initiate revenue recovery proceedings by placing requisition before the concerned District Collector, in terms of the provisions of the Revenue Recovery Act.`_ ``` Intheaforesaid circumstances, we direct the following:- ``` ``` i) The petitioners shall pay the fees to the 6th respondent College ininstalmentsbeforethe completion of their course. ii) we also direct the Government (2nd respondent) to initiate revenue recovery proceedings to recover the amounts paid by the petitioners as fee for the II year MBBS Course to the 5th respondent ``` 69 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` college. If such amounts are not recovered within six months , the Government shall pay the amounts to the petitioners and then recover the said amounts from the 5th respondent college pursuant to the revenue recovery proceedings against them.” ``` 20. I am certain that this Court will be justified in following the afore directions, since it is conceded by all sides that the judgment has been approved by the Honourable Supreme Court subsequently. 21. Before I do so, I must record that Sri.S.Ganesh – learned counsel for the petitioners in Bunch No.2 writ petitions submitted that some of his clients are in deep financial crisis, thus being unable to remit the fees in the Colleges to which they have been transferred and admitted. He prayed that, hence, this Court make 70 W.P.(C)No. 21486 of 2021 & conn. Cases. specific provisions in their favour urgently. Sri.Ganesh listed such students as under: (1) A.U.Jayalakshmi, petitioner in W.P.(C).No.11968 of 2022. (2) Theres Jolly, 4[th] petitioner in W.P.(C).No.11655 of 2022, (3) Jose Jolly, 2[nd] petitioner in W.P.(C).No.11642 of 2022, (4) Lekshmi D., 3[rd] Petitioner in W.P.(C).No.11642 of 2022. (5) Nayana A.Sajeev, 1[st] Petitioner W.P. (C).No.11642 of 2022, (6) Nisanth A.S., 3[rd] Petitioner in W.P.(C).No.11689 of 2022, (7) Tijin Thomas, 1[st] petitioner W.P.(C).No.11638 of 71 W.P.(C)No. 21486 of 2021 & conn. Cases. 2022, (8) Sheensha Shajahan, 4[th] petitioner in W.P. (C).No.11638 of 2022 and (9) Aslam Abdul Latheef, 1[st] Petitioner W.P. (C).No.11689 of 2022. 22. At this time, Sri.M.S.Unnikrishan – learned counsel for the petitioner in W.P.(C).No.21486 of 2021 interjected to say that his client in this case, namely Kum.Sayanamol S., also is faced with the afore predicament; thus praying that “S.R.Medical College” be directed to pay her the eligible amounts without any further delay. 23. On this aspect, I sought the response of the learned Senior Counsel – Sri.Kurian George Kannanthanam, who replied saying that an amount of 72 W.P.(C)No. 21486 of 2021 & conn. Cases. Rs.20 Lakhs is still remaining with the KUHS as security deposit, which, if ordered to be returned to the AFRC, can be used by the said committee to pay the afore petitioners, along with others. He added that two Bank Guarantees have been offered by his client to the NMC, to facilitate which, an amount of nearly Rs.1.25 crores has been maintained by them in accounts with the Banks and that if the same is directed to be returned, those amounts could be obtained and remitted to the AFRC. He added that this will possibly take care of the emergency of the afore students. 24. On hearing the learned Senior Counsel as afore, Sri.P.Sreekumar – learned Standing Counsel for KUHS, submitted that the security deposit will certainly be remitted to AFRC, after adjusting any liability from 73 W.P.(C)No. 21486 of 2021 & conn. Cases. the “S.R.Medical College”; and similar submissions were made by Sri.Titus Mani Vettom – learned Standing Counsel for the NMC, as regards the Bank Guarantees above mentioned. In the afore circumstances, these writ petitions are disposed of in the following manner: (a) All the writ petitions in “Bunch Nos.2 and 3 are allowed and the “SR Medical College” shall deposit the amounts, quantified by the AFRC in the orders involved in these cases, before the said Committee within a period of one month from the date of receipt of a copy of this judgment. (b) The writ petition filed by the “S.R.Medical College”, namely W.P.(C)Nos.8878 of 2022, 8851 of 2022 and 8832 of 2022 are dismissed. 74 W.P.(C)No. 21486 of 2021 & conn. Cases. (c) The Government is directed to initiate revenue recovery proceedings to recover the amounts covered by the orders of the AFRC forthwith, in the event the “S.R.Medical College” do not abide by the directions (a) above. Such recovery action shall be continued, giving credit to any amounts that may be received by the AFRC in terms of directions (d) and (e) below; and remitted to the AFRC without delay, in whole or in tranches, depending up on the actual recovery. If the said amounts or parts thereof are not recovered within six months from the date on which Revenue Recovery proceedings are initiated, the Government shall remit the same to the AFRC and then proceed to recover it from the “S.R.Medical College” under the Revenue Recovery Act. 75 W.P.(C)No. 21486 of 2021 & conn. Cases. (d) The Kerala University of Health Sciences will, after adjustment of all liabilities of the “S.R. Medical College”, if any, remit the security deposit to the AFRC, which shall be done not later than two weeks from the date of receipt of a copy of this judgment. (e) The NMC will, subject to any liability that may be due from the “S.R. Medical College” to them, will return the Bank Guarantees to the “S.R Medical College” within a period of two weeks from today. On the Bank Guarantees being so received by the “S.R Medical College”, they will immediately approach the Banks and obtain back the amounts maintained as security for its issue and remit it to the AFRC, within a period of two weeks thereafter. (f) As and when amounts are received by AFRC in 76 W.P.(C)No. 21486 of 2021 & conn. Cases. terms of the afore directions, steps will be taken to release it to the students, with priority being shown to the ten, whose names are shown afore, so that they can pay the fees to the colleges to which they have been transferred. (g) The Government shall, to protect the various petitioners in these cases, instruct the colleges into which they have been transferred, not to take any coercive action against them for the delay in paying the fees and this shall be ensured for a minimum period of seven months from the date of receipt of a copy of this judgment. Needless to say, said colleges will also be directed to allow the petitioners to attend the classes and to take examinations as per their entitlement. (h) Finally, as far as W.P.(C).No.21486 of 2021, W.P. 77 W.P.(C)No. 21486 of 2021 & conn. Cases. (C).No.22941 of 2021, W.P.(C).No.22215 of 2021 and W.P. (C).No.21952 of 2021 are concerned, in addition to the afore directions, they are allowed to the extent to which the AFRC has limited the claims of the petitioners therein to the figures mentioned in the respective orders; with a consequential direction to the said Committee to reconsider their contentions regarding the enhancement of the amounts due to them, which shall be done after hearing them, the College, as also the KUHS. For this purpose, all contentions of the rival parties in such regard are left open to be decided appropriately by the Committee. Needless to say, if, after this exercise, the AFRC is to find more amounts are due to the petitioners in these cases, recovery of the same will be as per the afore directions, save with appropriate modifications of 78 W.P.(C)No. 21486 of 2021 & conn. Cases. the time frames and schedules, which will commence from the date of the fresh order of the AFRC. **Sd/-** **DEVAN RAMACHANDRAN JUDGE** Raj/18.06.2022. 79 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 8832/2022`** ## `PETITIONER EXHIBITS` ``` Exhibit P1 ``` - `A TRUE COPY OF THE` ``` REPRESENTATION/REQUEST DATED 27.7.2020 SUBMITTED BY THIS RESPONDENT BEFORE THE GOVERNMENT ``` - `Exhibit P2 A TRUE COPY OF THE REPLY DATED 25.8.2020 GIVEN BY THE PRINCIPAL OF THE COLLEGE TO THE 3RD RESPONDENT` - `Exhibit P3 A TRUE COPY OF THE GO (RT) NO 2546/2016 DATED 19.9.2016 ISSUED BY THE GOVERNMENT` - `Exhibit P4 A TRUE COPY OF THE APPROVAL ORDER NO ASC 100/16/MBBS/SRMC DATED 27.2.2017 OF THE 3RD RESPONDENT` - `Exhibit P5 A TRUE COPY OF THE EXAMS RESULTS OF THE 1ST PROFESSIONAL MBBS DEGREE REGULAR EXAMINATION JULY 2017 DATED 4.11.2017 OF THE 4TH RESPONDENT` - `Exhibit P6 A TRUE COPY OF THE EXAMINATION RESULTS OF THE 1ST PROFESSIONAL SUPPLEMENTARY` 80 W.P.(C)No. 21486 of 2021 & conn. Cases. - `EXAMINATION DATED 10.4.2018 OF THE 4TH RESPONDENT` - `Exhibit P7` - `A TRUE COPY OF THE ATTENDANCE EXTRACT PREPARED BY THE COLLEGE IN ORTHO CLINIC GENERAL MEDICINE, PEDIATRICS GENERAL SURGERY OBG COMMUNITY MEDICINE OF THE 4TH RESPONDENT` - `Exhibit P8` - `A TRUE COPY OF THE REMARKS FILED BY THE COLLEGE BEFORE THE 3RD RESPONDENT DATED 31.3.2021` - `Exhibit P9 A TRUE COPY OF THE ORDER NO ASC(P) 24/HO/TVM/MBBS/SRMCRC OF THE 3RD RESPONDENT DATED 14.7.2021` - `Exhibit P10 THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT OF OPHTHALMOLOGY DATED 21.12.2019` - `Exhibit P11 THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT OF OTORHINOLARYNGOLOGY DATED 21.12.2019` - `Exhibit P12 THE COMPUTER GENERATED INTERNAL` 81 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` ASSESSMENT BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT OF AND COMMUNITY MEDICINE DATED 21.12.2019 ``` ``` Exhibit P13 ``` ``` Exhibit P14 ``` ``` Exhibit P15 ``` ``` A TRUE COPY OF THE EXAMINATION REGISTRATION REPORT GENERATED ON 26.12.2019 IN THE WEB SITE OF THE UNIVERSITY ``` - `A TRUE COPY OF THE INSPECTION REPORTED DATED 13.8.2019 OF THE UNIVERSITY` ``` A TRUE COPY OF STATEMENT SHOWING THE THE FEES CALCULATION INCLUDING THE 4TH RESPONDENT ``` 82 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 8851/2022`** - `PETITIONER EXHIBITS` - `Exhibit P1 A TRUE COPY OF THE` - `REPRESENTATION/REQUEST DATED 27-072020 SUBMITTED BY THIS RESPONDENT BEFORE THE GOVERNMENT` - `Exhibit P2 A TRUE COPY OF THE ORDER REPLY DTD 2508-2020 GIVEN BY THE PRINCIPAL OF THE COLLEGE TO THE 3RD RESPONDENT.` - `Exhibit P3 A TRUE COPY OF THE GO(RT) NO. 2546/2016 DTD 19-09-2016 ISSUED BY THE GOVERNMENT.` - `Exhibit P4 A TRUE COPY OF THE APPROVAL ORDER NO ASC 100/16/MBBS/SRMC DTD 27-02-2017 OF THE 3RD RESPONDENT` - `Exhibit P5 A TRUE COPY OF THE EXAMS RESULTS OF THE 1ST PROFESSIONAL MBBS DEGREE REGULAR EXAMINATION JULY 2017 DATED 4- 11-2017 OF THE 4TH RESPONDENT` - `Exhibit P6` - `A TRUE COPY OF THE EXAMINATION RESULTS OF THE 1ST PROFESSIONAL SUPPLEMENTARY EXAMINATION DATED 10-04-2018 OF THE 4TH RESPONDENT` - `Exhibit P7` - `A TRUE COPY OF THE ATTENDANCE EXTRACT PREPARED BY THE COLLEGE IN ORTHO` 83 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` CLINIC, GENERAL MEDICINE PEDIATRICS, GENERAL SURGERY, OBG, COMMUNITY MEDICINE OF THE 4TH RESPONDENT. ``` - `Exhibit P8` - `A TRUE COPY OF THE REMARKS FILED BY THE COLLEGE BEFORE THE 3RD RESPONDENT DTD 28-11-2020` ``` Exhibit P9 ``` - `A TRUE COPY OF THE ORDER NO ASC (P) 21/HO/TVPM/MBBS/SRMCRC OF THE 3RD RESPONDENT DTD 16-02-2021` - `Exhibit P10 A TRUE COPY OF THE ORDER IN THE REVIEW PETITION DTD 24-06-2021 OF THE 3RD RESPONDENT` - `Exhibit P11 THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED FROM THE WEBSITE OF THE UNIVERSITY IN THE SUBJECT OF OPTHALMOLOGY, DTD 21-122019` - `Exhibit P12 THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY KUHS, WHICH WAS DOWNLOADED FROM THE WEBSITE OF THE UNIVERSITY IN THE SUBJECT OF, OTORHINOLARYNGOLOGY DTD 21-12-2019` - `Exhibit P13 THE COMPUTER GENERATED INTERNAL` 84 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` ASSESSMENT BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY KUHS, WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT OF AND COMMUNITY MEDICINE DTD 21-12-2019 ``` ``` Exhibit P14 ``` ``` Exhibit P15 ``` ``` Exhibit P16 ``` ``` A TRUE COPY OF THE EXAMINATION REGISTRATION REPORT GENERATED ON 26- 12-2019 IN THE WEB SITE OF THE UNIVERSITY ``` ``` A TRUE COPY OF THE INSPECTION REPORT DTD 13-08-2019 OF THE UNIVERSITY ``` ``` A TRUE COPY OF STATEMENT SHOWING THE FEES CALCULATION INCLUDING THE 4TH RESPONDENT. ``` 85 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 8878/2022`** - `PETITIONER EXHIBITS` - `Exhibit P1 A TRUE COPY OF THE REPRESENTATION / REQUEST DATED 27.07.2020 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT.` - `Exhibit P2 A TRUE COPY OF THE REPLY DATED 25.08.2020 GIVEN BY THE PRINCIPAL OF THE COLLEGE TO THE 3RD RESPONDENT.` - `Exhibit P3 A TRUE COPY OF THE GO(RT) NO.2546/2016 DATED 19.09.2016 ISSUED BY THE GOVERNMENT.` - `Exhibit P4 A TRUE COPY OF THE APPROVAL ORDER NO.ASC 100/16/MBBS/SRMC DATED 27.02.2017 OF THE 3RD RESPONDENT.` - `Exhibit P5 A TRUE COPY OF THE EXAMS RESULTS OF THE 1ST PROFESSIONAL MBBS DEGREE REGULAR EXAMINATION JULY 2017 DATED 4.11.2017 OF THE 4TH RESPONDENT.` - `Exhibit P7 A TRUE COPY OF THE ATTENDANCE REPORT FORWARDED AND GENERATED IN THE WEB SITE OF THE UNIVERSITY IN THE SUBJECTS ANATOMY, PHYSIOLOGY, BIOCHEMISTRY FOR THE SUPPLEMENTARY EXAMINATION AUGUST 2018 AND THE EXAMS RESULTS OF THE 1ST PROVISIONAL MBBS DEGREE SUPPLEMENTARY` 86 W.P.(C)No. 21486 of 2021 & conn. Cases. ## `EXAMINATION JANUARY 2018.` - `Exhibit P7` - `A TRUE COPY OF THE EXAMINATION RESULTS OF THE SUPPLEMENTARY EXAMINATION AUGUST 18 DATED 03.11.2018 OF THE 4TH RESPONDENT.` - `Exhibit P8 A TRUE COPY OF THE EXAMINATION RESULT OF THE 4TH RESPONDENT FOR THE FIRST PROFESSIONAL DEGREE SUPPLEMENTARY EXAMINATION JANUARY 2019 DATED 25.03.2019.` - `Exhibit P9 A TRUE COPY OF THE ATTENDANCE EXTRACT FORWARDED BY THE COLLEGE TO THE UNIVERSITY AND APPROVED BY THE UNIVERSITY GENERATED ON 10.07.2019 FOR MBBS SUPPLEMENTARY EXAMINATION AUGUST 2019.` - `Exhibit P10 A TRUE COPY OF THE EXAMINATION RESULT OF THE 4TH RESPONDENT DATED 30.10.2019 ISSUED BY THE UNIVERSITY.` - `Exhibit P11 A TRUE COPY OF THE EXAMINATION RESULT OF THE 4TH RESPONDENT DATED 08.05.2020 ISSUED BY THE UNIVERSITY.` - `Exhibit P12` - `A TRUE COPY OF THE ORDER` - `NO.ASC(P)21/201/HO/TVPM/MBBS/SRMCRC DATED 11.02.2021 OF THE 3RD RESPONDENT.` - `Exhibit P13 A TRUE COPY OF THE ORDER IN THE REVIEW` 87 W.P.(C)No. 21486 of 2021 & conn. Cases. - `PETITION DATED 23.06.2021 OF THE 3RD RESPONDENT.` - `Exhibit P14` - `A TRUE COPY OF THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT OF OPTHALMOLOGY, DATED 21.12.2019.` - `Exhibit P15` - `A TRUE COPY OF THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT OF OTORHINOLARYNGOLOGY, DATED 21.12.2019.` - `Exhibit P16 A TRUE COPY OF THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT COMMUNITY MEDICINE, DATED 21.12.2019.` - `Exhibit P17 A TRUE COPY OF THE EXAMINATION` - `REGISTRATION REPORT GENERATED ON 26.12.2019 IN THE WEBSITE OF THE UNIVERSITY.` - `Exhibit P18` - `A TRUE COPY OF THE INSPECTION REPORT` 88 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` Exhibit P19 ``` ``` DATED 13.08.2019 OF THE UNIVERSITY. A TRUE COPY OF STATEMENT SHOWING THE FEES CALCULATION INCLUDING THE 4TH RESPONDENT. ``` 89 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 11610/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.21352 OF 2020 DATED 04.10.2021. Exhibit P2TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 19.07.2021. ``` 90 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 11638/2022`** ``` PETITIONER EXHIBITS ``` - `Exhibit P1` - `TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO 21352 OF 2020 DATED 4.10.2021` - `Exhibit P2 TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 10.1.2022` - `Exhibit P3 TRUE COPY OF THE EMAIL DATED 9.3.2022 SENT TO THE 6TH RESPONDENT` - `Exhibit P4 TRUE COPY OF THE EMAIL DATED 19.3.2022 OF THE 1ST PETITIONER TO THE 4TH RESPONDENT` - `Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE NEWLY ALLOCATED COLLEGE WHERE 4TH PETITIONER IS PRESENTLY STUDYING` - `Exhibit P6 TRUE COPY OF THE LETTER DATED 13/06/2022 ISSUED BY DM WIMS MEDICAL COLLEGE, WAYANAD` - `Exhibit P7 TRUE COPY OF THE CHART SHOWING THE STATUS OF THE PENDENCY OF FEE` 91 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 11642/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.21352 OF 2020 DATED 4.10.2021. ``` ``` Exhibit P2TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 4.1.2022. ``` ``` Exhibit P3TRUE COPY OF THE LETTER/UNDERTAKING GIVEN BY THE 3RD PETITIONER. ``` ``` Exhibit P4TRUE COPY OF THE NOTICE ISSUED BY THE NEWLY ALLOCATED COLLEGE. ``` ``` Exhibit P5TRUE COPY OF THE CHART SHOWING THE STATUS OF PENDENCY OF FEE ``` 92 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 11655/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO 21352 OF 2020 DATED 4.10.2021 Exhibit P2TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 28.12.2021 Exhibit P3TRUE COPY OF THE CHART SHOWING THE STATUS OF THE PENDENCY OF FEE ``` 93 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 11682/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BE COURT IN WPC NO 21352 OF 2020 DATED 4.10.2021 Exhibit P2TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 11.01.2022 Exhibit P3TRUE COPY OF THE NOTICE ISSUED BY THE COLLEGE WHERE THE PETITIONER IN PRESENTLY STUDYING ``` 94 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 11689/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.21352 OF 2020 DATED 04.10.2021. Exhibit P2TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 12.01.2022. Exhibit P3TRUE COPY OF THE NOTICE DATED 29.12.21 ISSUED BY THE NEWLY ALLOCATED COLLEGE WHERE 3RD PETITIONER IS STUDYING. Exhibit P4TRUE COPY OF THE CHART SHOWING THE STATUS OF THE PENDENCY OF FEE ``` 95 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 11921/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.21352 OF 2020 DATED 04.10.2021 Exhibit P2TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 19.07.2021 ``` 96 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 11961/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 21352 OF 2020 DATED 04.10.2021. ``` ``` Exhibit P2TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 19.07.2021. Exhibit P3TRUE COPY OF THE EMAIL DATED 22.09.2021 OF THE PETITIONER TO 5TH RESPONDENT. ``` ``` Exhibit P4TRUE COPY OF THE EMAIL DATED 06.10.2021 OF THE PETITIONER ADDRESSED TO THE 4TH RESPONDENT COMMITTEE. ``` 97 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 11968/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.21352 OF 2020 DATED 04/10/2021. ``` ``` Exhibit P2TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 12/07/2021. ``` ``` Exhibit P3TRUE COPY OF CHART SHOWING THE STATUS OF THE PENDENCY OF FEE ``` 98 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 18170/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.21352 OF 2020 DATED 04.10.2021. Exhibit P2TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 14.07.2021. ``` 99 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 18184/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN WP(C) NO. 21352 OF 2020 DATED 04/10/2021. ``` ``` Exhibit P2TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 14/07/2021. ``` ``` Exhibit P3TRUE COPY OF THE REPRESENTATION OF PETITIONER DATED 07/03/2022 SUBMITTED BEFORE THE 4TH RESPONDENT. ``` 100 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 18206/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 21352 OF 2020 DATED 04/10/2021. Exhibit P2TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 4.1.2022 ``` 101 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 18212/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP (C) NO. 21352 OF 2020 DATED 04/10/2021. Exhibit P2TRUE COPY OF ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 02/04/2022. ``` 102 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 18223/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 21352 OF 2020 DATED 04.10.2021. Exhibit P2TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT COMMITTEE DATED 23.07.2021. ``` 103 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 22215/2021`** ``` PETITIONER EXHIBITS ``` - `Exhibit P1` ``` TRUE COPIES OF THE EMAIL APPLICATION DATED 20.08.2020 & 24.12.2020 SUBMITTED BY THE PETITIONER. ``` - `Exhibit P2 TRUE COPY OF THE ORDER DATED 16.02.2021 ISSUED BY THE 6TH RESPONDENT ASC.` - `Exhibit P3 TRUE COPY OF THE ORDER DATED 24.06.2021 ISSUED BY THE 6TH RESPONDENT ASC.` - `Exhibit P4 TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA TO SR MEDICAL COLLEGE IN 2016.` - `RESPONDENT EXHIBITS` - `Exhibit R4(A) A TRUE COPY OF THE REPRESENTATION/REQUEST DATED 27-7-2020 SUBMITTED BY THIS RESPONDENT BEFORE THE GOVERNMENT.` - `Exhibit R4(B) A TRUE COPY OF THE ORDER DATED 24-082020 ISSUED BY THE ADMISSION AND FEE REGULATORY COMMITTEE.` - `Exhibit R4(C) A TRUE COPY OF THE ORDER REPLY DATED 25-08-2020 GIVEN BY THE PRINCIPAL OF` 104 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` THE COLLEGE TO THE 6TH RESPONDENT. ``` - `Exhibit R4(D)` - `A TRUE COPY OF THE GO(RT) NO.2546/2016 DTD 19-9-2016 ISSUED BY THE GOVERNMENT.` - `Exhibit R4(E)` - `A TRUE COPY OF THE APPROVAL ORDER NO. ASC 100/16/MBBS/SRMC DTD 27-2-2017 OF THE 6TH RESPONDENT.` - `Exhibit R4(F)` - `A TRUE COPY OF THE EXAMS RESULTS OF THE 1ST PROFESSIONAL MBBS DEGREE REGULAR EXAMINATION JULY 2017 DATED 4-11-2017 OF THE PETITIONER.` - `Exhibit R4(G) A TRUE COPY OF THE EXAMINATION RESULTS OF THE 1ST PROFESSIONAL SUPPLEMENTARY EXAMINATION DATED 10-4-2018 OF THE PETITIONER.` - `Exhibit R4(H)` - `A TRUE COPY OF THE ATTENDANCE EXTRACT PREPARED BY THE COLLEGE IN ORTHO CLINIC, GENERAL MEDICINE, PEDIATRICS, GENERAL SURGERY, OBG, COMMUNITY MEDICINE OF THE PETITIONER.` - `Exhibit R4(I)` - `A TRUE COPY OF THE REMARKS FILED BY THE COLLEGE BEFORE THE 6TH RESPONDENT DTD 28-11-2020.` - `RESPONDENT EXHIBITS` - `Exhibit R4(J) THE COMPUTER GENERATED INTERNAL` ``` ASSESSMENT SUBMITTED BY THE COLLEGE ``` 105 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT OF OPHTHALMOLOGY, DTD 21-12- 2019 ``` ## `RESPONDENT EXHIBITS` ``` Exhibit R4(K) ``` ``` THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT OF, OTORHINOLARYNGOLOGY DTD 21-12-2019. ``` ``` RESPONDENT EXHIBITS ``` ``` Exhibit R4(L)THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT OF AND COMMUNITY MEDICINE DTD 21-12-2019. ``` ``` Exhibit R4(M)A TRUE COPY OF THE EXAMINATION REGISTRATION REPORT GENERATED ON 27- 12-2019 IN THE WEB SITE OF THE UNIVERSITY. ``` ``` RESPONDENT EXHIBITS ``` ``` Exhibit R4(N)A TRUE COPY OF THE INSPECTION REPORT ``` 106 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` DTD 13-8-2019 OF THE UNIVERSITY. Exhibit R4(O)A TRUE COPY OF STATEMENT SHOWING THE FEES CALCULATION INCLUDING THE PETITIONER. ``` 107 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 21952/2021`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE APPLICATION DATED 3.3.2021 SUBMITTED BY THE PETITIONER'S FATHER. ``` ``` Exhibit P2TRUE COPY OF THE ORDER DATED 14.7.2021 ISSUED BY THE 6TH RESPONDENT ASC. ``` ``` Exhibit P3TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA TO SR MEDICAL COLLEGE IN 2016. ``` 108 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 22941/2021`** ## `PETITIONER EXHIBITS` ``` Exhibit P1TRUE COPY OF THE ORDER DATED 31.12.2020 ISSUED BY THE 6TH RESPONDENT ASC. ``` ``` Exhibit P2TRUE COPY OF THE ORDER DATED 26.07.2021 ISSUED BY THE 6TH RESPONDENT ASC. ``` ``` Exhibit P3TRUE COPY OF THE JUDGMENT DATED 04.10.2021 IN WP 21352/2020. ``` ``` Exhibit P4TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA TO SR MEDICAL COLLEGE IN 2016. ``` 109 W.P.(C)No. 21486 of 2021 & conn. Cases. ## **`APPENDIX OF WP(C) 21486/2021`** ``` PETITIONER EXHIBITS ``` - `Exhibit P1 TRUE COPY OF THE RECEIPT DATED 27.09.2016 ISSUED BY THE S.R. EDUCATIONAL AND CHARITABLE TRUST.` - `Exhibit P2 TRUE COPY OF THE APPLICATION DATED 03.11.2020 SUBMITTED BY THE PETITIONER.` - `Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 29.12.2020 SUBMITTED BY THE PETITIONER.` - `Exhibit P4 TRUE COPY OF THE ORDER DATED 11.02.2021 ISSUED BY THE 6TH RESPONDENT.` - `Exhibit P5 TRUE COPY OF THE REVIEW PETITION FILED BY THE 5TH RESPONDENT.` - `Exhibit P6 TRUE COPY OF THE OBJECTION TO THE REVIEW PETITION FILED BY THE PETITIONER.` - `Exhibit P7 TRUE COPY OF THE ORDER DATED 23.06.2021 ISSUED BY THE 6TH RESPONDENT.` - `Exhibit P8 TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA TO SR MEDICAL COLLEGE IN` 110 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` 2016. ``` ``` Exhibit P9 ``` ``` TRUE COPY OF THE REPRESENTATION DATED / /2021 SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT. ``` ``` RESPONDENT EXHIBITS ``` - `EXHIBIT R4(a)` - `A TRUE COPY OF THE` - `REPRESENTATION/REQUEST DATED 27.7.2020 SUBMITTED BY THIS RESPONDENT BEFORE THE GOVERNMENT.` - `Exhibit R4(b)` - `A TRUE COPY OF THE ORDER DATED` - `24.8.2020 ISSUED BY THE ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA.` - `Exhibit R4(c) A TRUE COPY OF THE REPLY DTD 25/8/2020 GIVEN BY THE 4TH RESPONDENT TO THE COMMITTEE.` - `Exhibit R4(d) A TRUE COPY OF THE GO(RT) NO 2546/2016 DTD 19/9/2016 ISSUED BY THE GOVERNMENT.` - `Exhibit R4(e) A TRUE COPY OF THE APPROVAL ORDER NO ASC 100/16/MBBS/SRMC DTD 27/2/2017 OF THE 6TH RESPONDENT.` - `Exhibit R4(f)` - `A TRUE COPY OF THE EXAMS RESULTS OF THE 1ST PROFESSIONAL MBBS DEGREE REGULAR EXAMINATION JULY 2017 DATED 4/11/2017 OF THE PETITIONER.` 111 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` Exhibit R4(g) ``` - `A TRUE COPY OF THE ATTENDANCE REPORT FORWARDED AND GENERATED IN THE WEB SITE OF THE 8TH RESPONDENT UNIVERSITY IN THE SUBJECT ANATOMY, PHYSIOLOGY, BIOCHEMISTRY FOR THE SUPPLEMENTARY EXAMINATION AUGUST 2018 AND THE EXAMS RESULTS OF THE 1ST PROVISIONAL MBBS DEGREE SUPPLEMENTARY EXAMINATION JANUARY 2018.` - `Exhibit R4(h) A TRUE COPY OF THE EXAMINATION RESULTS OF THE SUPPLEMENTARY EXAMINATION AUGUST 18 DATED 3/11/2018 OF THE PETITIONER.` - `Exhibit R4(i) A TRUE COPY OF THE EXAMINATION RESULT OF THE PETITIONER FOR THE FIRST PROFESSIONAL DEGREE SUPPLEMENTARY EXAMINATION JANUARY 2019 DTD 25/3/2019.` - `Exhibit R4(j) A TRUE COPY OF THE ATTENDANCE EXTRACT FORWARDED BY THE COLLEGE TO THE 8TH RESPONDENT UNIVERSITY AND APPROVED BY THE UNIVERSITY GENERATED ON 10/7/2019 FOR MBBS SUPPLEMENTARY EXAMINATION AUGUST 2019.` - `Exhibit R4(K) A TRUE COPY OF THE EXAMINATION RESULT OF THE PETITIONER DTD 30/10/2019 ISSUED BY THE UNIVERSITY.` - `Exhibit R4(I) A TRUE COPY OF THE EXAMINATION RESULT` 112 W.P.(C)No. 21486 of 2021 & conn. Cases. - `OF THE PETITIONER DTD 8/5/2020 ISSUED BY THE UNIVERSITY.` ``` Exhibit R4(m) ``` ``` Exhibit R4(n) ``` ``` Exhibit R4(o) ``` - `Exhibit R4(P)` - `Exhibit R4(q)` - `A TRUE COPY OF THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED FROM THE WEB SITE OF THE UNIVERSITY IN THE SUBJECT OF OPHTHALMOLOGY, DTD 21/12/2019.` - `A TRUE COPY OF THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED WEBSITE OF THE UNIVERSITY IN THE SUBJECT OF OTORHINOLARYNGOLOGY 21/12/2019.` - `A TRUE COPY OF THE COMPUTER GENERATED INTERNAL ASSESSMENT SUBMITTED BY THE COLLEGE AND THE ACCEPTANCE OF THE SAME BY THE KUHS, WHICH WAS DOWNLOADED WEBSITE OF THE UNIVERSITY IN THE SUBJECT. COMMUNITY MEDICINE 21/12/2019.` - `A TRUE COPY OF THE EXAMINATION REGISTRATION REPORT GENERATED ON 26/12/2019 IN THE WEB SITE OF THE UNIVERSITY.` - `A TRUE COPY OF THE INSPECTION REPORT` 113 W.P.(C)No. 21486 of 2021 & conn. Cases. ``` DTD 13/8/2019 OF THE UNIVERSITY. Exhibit R4(r)A TRUE COPY OF THE STATEMENT SHOWING THE FEES CALCULATION INCLUDING THE PETITIONER. ```