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2023 Supreme(Online)(KER) 4169
HIGH COURT OF KERALA
Devan Ramachandran, J
ABDUL MAJEED A. T – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 21173/2022
BABU KARUKAPADATH, M.A.VAHEEDA BABU, P.U.VINOD KUMAR, ARYA RAGHUNATH, VAISAKHI V.T., M.MUHAMMED MUSTHAQ, AJWIN P, LALSON KARUKAPADATH, WAZIM BABU, P.LAKSHMI, AYSHA E., M.MOHAMMED JAMAL, TITUS MANI VETTOM, SC, P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES, M.K.ABDUL RAUF, E.C.AHAMED FAZIL, P.M.SANEER, S.VINOD BHAT, ARUN.B.VARGHESE, MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES, ABDUL RAOOF PALLIPATH, K.R.AVINASH (KUNNATH)(K/1364/2003), GEORGE POONTHOTTAM (SR.), K.M.FIROZ, TONY GEORGE KANNANTHANAM, ANAGHA LAKSHMY RAMAN, GREESHMA CHANDRIKA.R, AISWARYA V.S., R.GITHESH, S.SREEKUMAR (SR.)(S-571)
The court established that transfer of medical students for clinical training can be mandated to ensure educational standards, prioritizing student welfare over institutional constraints.
Headnote:
Education - Medical Training - Kerala University of Health Sciences - Medical Colleges - Transfer of Students - Interim Orders
Fact of the Case:
The petitioners, MBBS students from Kannur Medical College, sought proper clinical training after the college was deemed inadequate. They were proposed for transfers to other medical colleges for essential clinical training.
Finding of the Court:
The court confirmed the necessity of transferring students for adequate clinical training, emphasizing that the quality of education must not be compromised. Steps were mandated to ensure their timely transfer and placement in suitable colleges.
Issues: Whether the students could be adequately trained at Kannur Medical College and if transfers to other colleges were justified to fulfill their training requirements.
Ratio Decidendi: The court held that adequate clinical training is essential for medical students and that interim measures should be taken to ensure their education is not jeopardized, confirming the transfer of students to other institutions.
Final Decision: The petitions were disposed of with directions to the Kerala Admission Supervisory and Fee Regulatory Committee to assess and modulate the fees associated with the students' transfer.
JUDGMENT
The petitioners in these cases stand similarly, if not identically; and hence, all the matters are being considered and disposed of together.
2. Various interim orders have already been issued by this Court, after hearing the parties in detail. It is, therefore, sufficient that some of them are alluded to, which will give an insight to the factual circumstances involved and the controversy projected.
3. On 29.06.2022, after hearing both sides in detail, the following order was issued:
The focal issue in these cases is whether the petitioners and similarly situated students, who are all pursuing III Professional MBBS – Part II, have been able to obtain proper clinical training from the Kannur Medical College.
2. While the University takes the stand that the College is lacking in clinical material and faculty so as to provide proper training to the students; the College vehemently affirms contentions to the contrary.
3. I, therefore, asked the learned Government Pleader – Smt.Parvathy K., views of the Government in this regard.
4. The learned Government Pleader submitted that since the clinical training of the petitioners and other students is at stake, if the University agrees, they can be allowed to complete it in one of the nearby Medical Colleges, namely, those at Kannur, Calicut, Palakkad and Trissur.
5. I have no doubt that this Court must accept the afore suggestion of the learned Government Pleader because, whatever be the rival position that the parties may take, the educational excellence of the students cannot be, in any manner, compromised. To obtain efficient and good doctors, they must certainly go through necessary and imperative clinical training, which is one of the important components of the entire process.
I, therefore, adjourn this matter to be called on
04.07.2022; within which time, the learned Government Pleader will obtain instructions from the competent Authorities as to in which manner and in which colleges the students of the III Professional MBBS Part II of the Kannur Medical College can be shifted, solely for the purpose of clinical training of subjects within that part.
I make it clear that the issues relating to payment of fee etc. will be decided by this Court later, subject to the submissions of the stakeholders.
4. Subsequently, on 18.07.2022, adverting to the afore order, following directions were again issued:
Read order dated 29.06.2022.
2. The learned Government Pleader –
Smt.Parvathy.K, submitted that the petitioners or such other deserving students can be admitted to Self Financing Colleges for the purpose of completing their clinical training, provided a list is made available by the Kerala University of Health Sciences (KUHS). She added that transfer of the students to Government Colleges may not be possible because by doing so, the “concept of merit” will be “overturned”.
3. I must say that the afore submissions of Smt.Parvathy.K regarding the “overturning of merit” cannot be countenanced at all because the students of the college in question were also admitted by the Commissioner of Entrance Examinations, based on the merit list prepared by him.
4. I am certain, therefore, that to avoid controversy relating to payment of fees, it is better to have the students accommodated for clinical training in the Government Colleges, or Institutions over its the Government has full control.
Resultantly, I direct the University to furnish a list of students - not confined to the petitioners herein above, but also all other deserving ones - who will require to be transferred for the purpose of clinical training, within a period of ten days from the date of receipt of a copy of this order. On such order being received, the Commissioner will allow the students to the apposite Government Colleges/Self Financing Colleges, however, on condition that no fees will be allowed to be additionally charged from them.
Obviously, as said already, it would be desirable than the students are admitted to the Government Colle
