Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, WP(C) NO. 1653 OF 2022 PETITIONER/S: PRINCIPAL KANNUR MEDICAL COLLEGE AGED 45 YEARS KANNUR MEDICAL COLLEGE, ANJARAKANDY, P.O. KANNUR-670612, PIN - 670612 BY ADVS. ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) RESPONDENT/S: 1 FAIZAL. N
AGED 24 YEARS SON OF NAZURDHEEN.A, AGED 24 YEARS, RESIDING AT STAR MANZIL, INCHAVILA. P.O, PERINAD, KOLLAM-691601, PIN - 691601 2 THE ADMISSION SUPERVISORY COMMITTEE, FOR PROFESSIONAL COLLEGES IN KERALA, T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014, REPRESENTED BY THE CHAIRMAN , PIN - 695014 BY ADVS. SUNIL V.MOHAMMED SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES P.KULUSU(K/253/2010) MANOJ N.(K/1497/2020) AJITHA APPU(K/393/2014) M.S.NEETHUMOL(K/000181/2017) AADIL SHAH A.S.(K/000465/2020)
..2.. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.11.2022, ALONG WITH WP(C).1420/2022, 2421/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, WP(C) NO. 1420 OF 2022 PETITIONER/S: THE PRINCIPAL, KANNUR MEDICAL COLLEGE ANJARAKANDY, PO., KANNUR, PIN - 670612 BY ADVS. ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) RESPONDENT/S:
1 BINU SAMUEL AGED 50 YEARS S/O K.SAMUEL, VILLA 14, PALACE GARDEN, SVM POST, KARUNAGAPALLY, KOLLAM, PIN - 690518 2 THE ADMISSION SUPERVISORY COMMITTEE, FOR PROFESSIONAL COLLEGES IN KERALA T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, HIRUVANANTHAPURAM - 695 014, REPRESENTED BY THE CHAIRMAN BY ADVS. SMT.MARY BENJAMIN-SC SUNIL V.MOHAMMED P.KULUSU(K/253/2010) MANOJ N.(K/1497/2020) AJITHA APPU(K/393/2014) M.S.NEETHUMOL(K/000181/2017) AADIL SHAH A.S.(K/000465/2020)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ..4.. ON 03.11.2022, ALONG WITH WP(C).1653/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, WP(C) NO. 2421 OF 2022 PETITIONER/S: THE PRINCIPAL AGED 46 YEARS KANNUR MEDICAL COLLEGE, ANJARAKANDY POST, KANNUR, PIN - 670612 BY ADV ABDUL RAOOF PALLIPATH RESPONDENT/S:
1 N.C. ANILKUMAR AGED 55 YEARS SON OF NARAYANA PILLAI, AMBRUTHAM, PADINJATTAKIZHAKKU, SOORANADU NORTH POST, KOLLAM, PIN - 690561 2 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA, T.C 15/1553-4, PRASHANTHI BUILDINGS, M.P APPAN ROAD, VAZHUTHACADU, THIRUVANANTHAPURAM, REPRESENTED BY THE CHAIRMAN, PIN - 695014 BY ADVS. SUNIL V.MOHAMMED SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES MANOJ N.(K/1497/2020) AJITHA APPU(K/393/2014) M.S.NEETHUMOL(K/000181/2017) AADIL SHAH A.S.(K/000465/2020)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ..6.. ON 03.11.2022, ALONG WITH WP(C).1653/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..7..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, WP(C) NO. 2535 OF 2022 PETITIONER/S: THE PRINCIPAL, AGED 46 YEARS KANNUR MEDICAL COLLEGE, ANJARAKANDY.P.O, KANNUR, PIN - 670612 BY ADVS. ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) RESPONDENT/S:
1 MOHAMMED RUFIN.M.S. AGED 24 YEARS SON OF SUDHEER SHAMSUDHEEN, SABEER NIVAS, VADAKKEVILA POST, KOLLAM, PIN - 691010 2 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA T C 15/1553-4, PRASHANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY THE CHAIRMAN, PIN - 695014 BY ADVS. SUNIL V.MOHAMMED SMT.MARY BENJAMIN, SC, DENTAL COUNCIL OF INDIA M.S.NEETHUMOL(K/000181/2017)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.11.2022, ALONG WITH WP(C).1653/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..8..
JUDGMENT
These matters - which have been heard together taking note of the fact that they challenge the same order of the statutory Admission Supervisory & Fee Regulatory Committee (AFRC) constituted under Act 15/2017 - have been filed with the assertion that the findings of the said Committee are in error, primarily because, they were clubbed with another batch of matters incorrectly.
2. Sri. Abdul Raoof Pallipath - learned counsel for the
petitioner, conceded that the Hon’ble Supreme Court had directed the AFRC to reconsider a batch of 92 matters and that they have proceeded on the assumption that these cases also fell into that. He alleged that, even though his client had made an effort before the AFRC to point out to the contrary, it was not heeded and that the impugned orders were thus issued.
3. Smt.Mary Benjamin - learned counsel for the AFRC,
on the other hand, vehemently submitted that there can be no doubt that these matters are also part of the batch of 92 matters as ordered by the Hon’ble Supreme Court and that the
list of cases include them explicitly. She added that, in any
..9.. event, the petitioner never had any case before the AFRC to the contrary; and therefore, that impugned orders are irreproachable.
4. Sri.Sunil Muhamed - learned counsel appearing for
some of the party respondents in these matters, also asserted that AFRC has acted correctly in having issued the impugned orders because, they were bound to do so under the directions of the Hon’ble Supreme Court. He vehemently asserted that these cases are part of the 92 matters, which were directed by the Hon’ble Supreme Court to be reconsidered by the AFRC.
5. When I evaluate and consider the afore submissions, it is indubitable that, if these cases are part of the 92 cases as ordered by the Hon’ble Supreme Court, then the
judgment of this Court in W.P.(C)No.18471/2022 would cover
the same. In fact, this is uncontested; but the argument of Sri.Abdul Raoof Pallipath is that these cases are different from the afore batch.
6. Obviously, therefore, if the petitioner has any such
case, it is up to him to bring the same to the notice of the AFRC appropriately, particulary when, what is under challenge are ..10.. orders of their’s, which can only be tested based on the documents and materials relied upon by it; and this Court is incapacitated from doing so, while acting under Article 226 of the Constitution of India.
7. That being said, I am fully aware that AFRC is not
vested with any power of review, but certainly, it can correct its mistakes, if it is brought to their notice appropriately. The petitioner certainly can do so, if they are able to establish that these matters were not part of the 92 cases; and if the AFRC also is to find so, then necessary further orders can also be issued by them on merits. In the afore circumstances, leaving the afore liberty open to the petitioner, I close these writ petitions without any further orders. Sd/- DEVAN RAMACHANDRAN, JUDGE ACR ..11.. APPENDIX OF WP(C) 1653/2022 PETITIONER’S EXHIBITS Exhibit.P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C)No23225/2018 DATED 29.08.2018 Exhibit.P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA No.2354/18 IN SLP (C)NO.23225/2018 DATED 04.10.2018 Exhibit.P3 TRUE COPY OF THE SUPREME COURT
JUDGMENT IN CIVIL APPEAL NO.596/2021
AND CONNECTED CASES DATED 18.02.2021 Exhibit.P4 TRUE COPY OF THE COMPLAINT DATED 02.02.2017 FILED BY THE 1ST PETITIONER Exhibit.P5 TRUE COPY OF THE LETTER NO.ASC(P)184/17/HO/TVPM/MBBS/KMC ISSUED BY THE 2ND RESPONDENT DATED 11.09.2017 Exhibit.P6 TRUE COPY OF THE AFFIDAVIT DATED 03.10.2017 Exhibit.P7 TRUE COPY OF THE PETITION DATED 03.10.2017 FILED BEFORE THE 2ND RESPONDENT Exhibit.P8 TRUE COPY OF THE MINUTES OF THE MEETING DATED 26.10.2017 Exhibit.P9 TRUE COPY OF THE OBJECTION STATEMENT DATED 28.11.2018 Exhibit.P10 TRUE COPY OF THE MINUTES DATED 07.01.2019 Exhibit.P11 TRUE COPY OF THE ORDER DATED 22.01.2019 OF THE 2ND RESPONDENT Exhibit.P12 TRUE COPY OF THE ORDER DATED 16.10.2021 OF THE 2ND RESPONDENT Exhibit.P13 TRUE COPY OF THE PROOF AFFIDAVIT AND DEPOSITIONS. Exhibit.P14 TRUE COPY OF THE ORDER DATED 10.11.2021 OF THE 2ND RESPONDENT. ..12.. APPENDIX OF WP(C) 1420/2022 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C)NO.23225/2018 DATED 29.08.2018 Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO.2353/18 IN SLP (C)NO.23225/2018 DATED 04.10.2018 Exhibit P3 TRUE COPY OF THE SUPREME COURT
JUDGMENT IN CIVIL APPEAL NO.596/2021
AND CONNECTED CASES DATED 18.02.2021 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 08.09.2017 FILED BY THE 1ST PETITIONER Exhibit P5 TRUE COPY OF THE LETTER NO.ASC(P)183/17/HO/TVPM/MBBS/KMC ISSUED BY THE 2ND RESPONDENT 11.09.2017 Exhibit P6 TRUE COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT DATED 03.10.2017 Exhibit P7 TRUE COPY OF THE PETITION DATED 03.10.2017 FILED BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 26.10.2017 Exhibit P9 TRUE COPY OF THE OBJECTION STATEMENT FILED BY THE PETITIONER DATED 28.11.2018 BEFORE THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE MINUTES DATED 07.01.2019 OF THE 2ND RESPONDENT
Exhibit P11 TRUE COPY OF ORDER
NO.ASC(P)222,184,227,186,217,218,251,1 83,231,221/17/HO/TVPM/MBBS/KMC DATED 22.01.2019 Exhibit P12 TRUE COPY OF THE NOTICE NO.ASC(P)183/17/HO/TVPM/MBBS/KMC DATED 16.10.2021 Exhibit P13 TRUE COPY OF THE PROOF AFFIDAVIT, DOCUMENTS AND DEPOSITION
Exhibit P14 TRUE COPY OF THE ORDER
NO.ASC(P)183/17/HO/TVPM/MBBS/KMC DATED 09.11.2021 ..13.. APPENDIX OF WP(C) 2421/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) NO. 23225/2018 DATED 29.08.18 Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO. 2354/18 IN SLP (C) NO. Exhibit P3 TRUE COPY OF THE SUPREME COURT
JUDGMENT IN CIVIL APPEAL NO. 596/2021
AND CONNECTED CASES DATED18.2.2021 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 21.9.17 FILED BY THE 1STPETITIONER Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 22.9.2017 Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 4.10.2017 Exhibit P7 TRUE COPY OF THE PETITION DATED 4.10.2017 Exhibit P8 TRUE COPY OF THE AFFIDAVIT DATED 12.6.2018 Exhibit P9 TRUE COPY OF THE MINUTES OF MEETING DATED 12.6.2018 Exhibit.P10 TRUE COPY OF THE OBJECTION/STATEMENT DATED 28.11.2018 Exhibit P11 TRUE COPY OF THE MINUTES DATED 7.1.2019 Exhibit P12 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 22.1.2019 Exhibit P13 TRUE COPY OF THE NOTICE DATED 16.10.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P14 TRUE COPY OF THE PROOF AFFIDAVIT DOCUMENTS, AND DEPOSITION Exhibit P15 TRUE COPY OF THE ORDER NO. ASC (P) 16.11.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P16 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO. 14970/2021 DATED 4.8.2021 OF THIS HON'BLE COURT ..14.. APPENDIX OF WP(C) 2535/2022 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) NO. 23225/2018 DATED 29.08.18 Exhibit P2 EXHIBIT.P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO. 2354/18 IN SLP (C) NO. 23225/2018 DATED 4.10.2018 Exhibit P3 TRUE COPY OF THE SUPREME COURT
JUDGMENT IN CIVIL APPEAL NO. 596/2021
AND CONNECTED CASES DATED18.2.2021 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 2.9.17 FILED BY THE 1STPETITIONER Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 11.9.2017 Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 3.10.2017 Exhibit P7 TRUE COPY OF THE OF THE PETITION DATED 3.10. 2017 FILED BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE ORDER DATED 21.12.2017 PASSED BY THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF AFFIDAVIT DATED 13.12.2017 Exhibit.P10 TRUE COPY OF THE OBJECTION/STATEMENT FILED BY THE PETITIONER DATED 28.11.2018 Exhibit P11 TRUE COPY OF THE MINUTES DATED 7.1.2019 Exhibit P12 TRUE COPY OF THE ORDER DATED 22.1.2019 PASSED BY THE 2ND RESPONDENT Exhibit P13 TRUE COPY OF THE NOTICE DATED 16.10.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P14 TRUE COPY OF THE PROOF AFFIDAVIT DOCUMENTS, AND DEPOSITION Exhibit P15 TRUE COPY OF THE ORDER NO. ASC (P) 18.11.2021 Exhibit P16 TRUE COPY OF THE INTERIM ORDER IN WP(C ..15.. )NO. 14970/2021 DATED 4.8.2021 OF THIS HON'BLE COURT.