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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944 WP(C) NO. 18790 OF 2022 PETITIONERS:
1 NIHAL HABEEB AGED 24 YEARS S/O. HABEEB MOHAMMED, RABIA MAHAL, JUBILEE ROAD, THALASSERY, KANNUR DISTRICT, PIN- 670101, REG: NO. 150011693.
2 GOPIKA AJITH AGED 25 YEARS, D/O. A.V.AJITH, GOKULAM, MUNDAYAD P.O, POTHERIPARAMB, KANNUR DISTRICT, PIN670594. REG:NO. 150011753.
3 HARIKRISHNAN.C., AGED 25 YEARS, S/O. SUBASH KUMAR, CHATTOTHAYIL HOUSE, ERAMANGALAM P.O., MALAPPAURAM DISTRICT, PIN- 679587.
REG:NO.150011758.
4 DEEPIKA DINESH, AGED 26 YEARS, D/O. DINESAN, "SREESHYLAM" CH MUKKU P.O., PINARAYI, KANNUR DT. PIN670741, REG: NO. 150011738.
5 MOHAMMED ABDULLA FAVAS, AGED 26 YEARS, S/O. UMMER, ETTILAN HOUSE, THACHAPARAMB, MAITHRA, AREACODE, MALAPPURAM DT.PIN- 673639. REG:NO.150011781.
6 RUKKSANA KARIM AGED 26 YEARS, D/O. V.A.ABDUL KARIM, NIHAR NEAR ARS FARM, KOODAPUZHA, CHALAKUDY P.O., THRISSUR DISTRICT, PIN- 680307 REG:NO. 150011697.
7 JADEER ALI U.K.
AGED 27 YEARS, S/O. KABEER U.K., U.K HOUSE, PUTHAMKULAM, PONNANI P.O., MALAPPURAM679586.REG:NO. 150011765.
8 ARCHA K.ANIL AGED 27 YEARS, D/O. A.V.ANIL KUMAR, "ARCHA BHAVAN" 121.C., REPUBLIC ROAD,, PAMBOOR, KUTOOR P.O., THRISSUR DISTRICT, PIN-
680013. REG:NO.130011527.
9 GEETHANJALI.D., AGED 30 YEARS, D/O. K.V.DAMODARAN, KOLAKKOT HOUSE, NADUVANNUR P.O., KOZHIKODE DISTRICT, PIN673614. REG:NO. 130011551.
10 HAYASH RAHMAN C., AGED 27 YEARS, S/O HAMZA C., PALAKKI, CHALINGAL, HARIPURAM P.O, KASARAGOD DISRICT, PIN671531.REG:NO. 120011556.
BY ADVS.
B.S.SIVAJI DHANYA SREENIVASAN RESPONDENTS:
1 NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8 DWARAKA PHASE-1, NEW DELHI - 110077, REPRESENTED BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES MULANKUNNATHUKAVU, THRISSUR, PIN - 680596, REPRESENTED BY ITS REGISTRAR.
3 THE PRINCIPAL KANNUR MEDICAL COLLEGE, ANJARAKANDI P.O., KANNUR DISTRICT, PIN-
670612.
4 THE DIRECTOR OF HEALTH SCIENCES DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, PIN- 695035.
5 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT ANNEXE-2, THIRUVANANTHAPURAM-695001.
SMT.PARVATHY – GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944 WP(C) NO. 16511 OF 2022 PETITIONERS:
1 RINCY.C., AGED 25 YEARS D/O. DR. CHANDRASEKHAR P., GOVINDA QUARTERS, CHOOTAKADAVU ROAD, MANANTHAVADY, WAYANAD DISTRICT, PIN- 670645, TCMC NO. 70872.
2 DEEPAK K.S., AGED 26 YEARS S/O. K.S. SURESH BABU, KOLLAMPARAMBIL HOUSE, PUTHENCHIRA P.O., THRISSUR DISTRICT, PIN- 680682, TCMC NO. 70925.
3 MOHAMED SHIHAS M.A., AGED 25 YEARS S/O. M.ABDU, MADAKKATTAYIL HOUSE, SUKAPURAM P.O., EDAPPAL, MALAPPURAM DISTRICT, PIN- 679576, TCMC NO. 70776.
4 MUNAVAR ALI V.P., AGED 27 YEARS S/O. MOIDU V.P., VADAKKE PUTHIYEDATH HOUSE, THIRUVALUR P.O., VADAKARA, KOZHIKODE DISTRICT, PIN- 673541, TCMC NO. 70843.
5 NOORA BASHEER AHAMMED, AGED 25 YEARS D/O. BASHEER AHAMMED, SAYANORA, AZHIYUR, NEAR MANAYIL TEMPLE, AZHIYUR P.O., KOZHIKODE DISTRICT, PIN- 673309, TCMC NO. 70791.
6 SHIJO C KURIAN, AGED 28 YEARS S/O. DR. KURIAN, SHAJU NIVAS, PALAMUKKU, KANNANALLOOR P.O., KOLLAM DISTRICT, PIN691576 TCMC NO. 70905.
BY ADVS.
B.S.SIVAJI DHANYA SREENIVASAN RESPONDENTS:
1 NATIONAL MEDICAL COMMISSION, POCKET-14, SECTOR-8 DWARAKA PHASE-1, NEW DELHI - 110077, REPRESENTED BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES, MULANKUNNATHUKAVU, THRISSUR, PIN - 680596, REPRESENTED BY ITS REGISTRAR.
3 THE PRINCIPAL, KANNUR MEDICAL COLLEGE, ANJARAKANDI P.O., KANNUR DISTRICT, PIN- 670612.
4 THE DIRECTOR OF HEALTH SCIENCES, DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, PIN- 695035.
5 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT ANNEXE-2, THIRUVANANTHAPURAM-695001. *ADDL R6 AHMED SALEH ALI AGED 26 YEARS, S/O. KOYA, PADUPPUNGAL(H) VANIYAMBALAM.P.O., MALAPPURAM-679339.
*ADDL R7 AMAL AMEEN K AGED 26 YEARS, S/O. SAGEER, KALLIKUZHIYIL(H) MANJALY, MANNAM.P.O., ERNAKULAM-683520. *ADDL R8 AGNIMITHRA THUMBAYIL AGED 26 YEARS, S/O. JIOTHISH THUMBAYIL, THUMBAYIL(H)
VARIYAMTHODI, ADIVARAM, FAROOK COLLEGE.P.O., CALICUT-673632.
*ADDL R9 LIJAS M.S AGED 24 YEARS, S/O. A.M. SHIHAB, CHAVADIYIL(H) ARATTUPUZHA NORTH.P.O., ALAPPUZHA-690515.
*ADDL R10 VISWAJITH MANJOO AGED 25 YEARS, S/O. MAHESH, MURALI NIVAS, KADAMBUR P.O., EDAKKAD, KANNUR-670663. *ADDL R11 SHARON SAMUEL AGED 26 YEARS, D/O. SAMUEL.E.J., ELAMTHURUTHIL(H), ETTUMANOOR.P.O., KOTTAYAM-686631.
*ADDL R12 SREELATHA K AGED 26 YEARS, D/O. A DIVAKARAN NAIR, SREERAM NIVAS, DEVAN ROAD, KANHANGAD, PIN-671315.
*ADDL R13 SAMEYA MOOSA AGED 26 YEARS, D/O. MOHAMMED MOOSA, PARUPANAKKAL(H), KAIPAMANGALAM, CHALINGAD.P.O., THRISSUR-680681.
*ADDL R14 IRSHAD H.A AGED 28 YEARS, S/O. SIDHIQUE, PALAKKAL(H) PONNANI SOUTH, MALAPPURAM-679586.
*ADDL R15 PREM RAJAN AGED 27 YEARS, S/O. RAJAN IDICULA, MELUTTU, KIZHAKKETHERUVU P.O., KOTTARAKARA, KOLLAM-691531.
*ADDL R16 PRAVEEN RAJ.K., AGED 27 YEARS, S/O. PUSHPARAJAN, KONDATHU(H) PURATHUR.P.O., TIRUR-676102.
*ADDL R17 MANU WILSON, AGED 29 YEARS, S/O. WILSON.P., PANAYAMCODE PUTHAN VEEDU, KANJERACODE, KUNDARA, KOLLAM-691501.
*ADDL R18 SHANU.P. SHAHUL, AGED 28 YEARS, D/O. SHAHUL HAMEED, SHAFINAL MANZIL, VELLIMALA, EDAMON.P.O., PUNALUR, KOLLAM-691307.
*ADDL R19 JINI BABU, AGED 28 YEARS, D/O. T.M. JOSEPH, ARANYAK(H) C.P. NAGAR, EDAPPALLY, ERNAKULAM-682024.
*ADDL R20 VIPIN HARIDAS, AGED 27 YEARS, S/O. HARIDAS, HARISREE(H) CHADAYAMANGALAM.P.O., KOLLAM-691534.
*ADDL R21 M.V.SHILPA, AGED 26 YEARS, D/O. C.M. SATHEESAN, SHIKA, CHAMBAD, PATHIRIYAD.P.O., KANNUR-670741.
*ADDL R22 GOPIKA.B. SURESH, AGED 26 YEARS, D/O. SURESH KUMAR, DWARAKA THAMALLACKAL.P.O., HARIPAD, ALAPPUZHA-690548.
*ADDL R23 S. SANJEED, AGED 27 YEARS, S/O. SHAJI, 28/114, VISHAKOM, PARAPILLY LANE, PANAMPILLY NAGAR, KOCHI-682036. *ADDL R24 SANTHINI RAVEENDRAN, AGED 27 YEARS, D/O. RAVEENDRAN, EDAVAN EDATHIL VEEDU, KARIMBA(VIA) KARUMATHUR.P.O., KANNUR-670142.
*(ADDITIONAL RESPONDENTS 6 TO 24 IMPLEADED AS PER ORDER DATED
10-06-2022 IN IA 1/2022).
BY ADVS.
SHRI.P.SREEKUMAR, SC ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH)(K/1364/2003), SRI.S.MANU SRI. HARIS BEERAN, SMT.NURIYA OA, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
I have considered these matters on 31.05.2022, wherein, after evaluating all the rival positions, I had passed an order in W.P. (C)No.16511/2022, which is reproduced as under, so as to avoid unnecessary expatiation:
“It is a matter of grave concern that the Kerala University for Health Sciences (KUHS) should find it necessary to report before this Court that the College in question does not have enough facilities to conduct the Compulsory Rotating Medical Internship of the present batch of students, who are studying to obtain the degree of MBBS.
2. I am aware, as has also been stated by Sri.Titus Mani Vattam - learned counsel appearing for the National Medical Commission (NMC), that their Regulations do not normally permit the transfer of students from one institution to the other, for the purpose of completion of the afore Internship.
3. However, it must be borne in mind that litigations of this nature can never be treated as being adversary. This is surely in great public interest that the State cannot allow students to be doctors unless they are properly trained. Any concession or indulgence in this regard will create havoc in the Public Health System which, in any other civilized country, would have been even unheard of and unthought of.
3. Tragically, though Kerala boasts of one of the finest Medical Health Systems, sometimes issues like this are brought to the notice of this Court, which create deep consternation.
4. Imagine a situation where we create doctors, or for that matter any other professionals, who are half-baked in their knowledge and incapable of performing their essential duties. This would be catastrophic to the State as a whole and not merely to the students who are before me.
5. Ineluctably, therefore, what is projected in this writ petition will have to be construed by this Court as being in public interest, rather than endearing to the private requirement of a few students.
6. In the afore perspective, I again asked Sri.Titus Mani Vattam - learned counsel for the NMC, whether his client would be in a position to consider the transfer of students of the College in question - and not merely the petitioners before me, who are now pursuing their final year of the MBBS course, so as to ensure that they do not fail as doctors in their duties, if they eventually qualify. 7. With great appreciation, I must record that the answer of Sri.Titus Mani Vattam was that, though the Regulations of his client prohibit any such action, they would abide by the directions to be issued by this Court as a one time case and taking note of the rather peculiar circumstances involved.
8. Sri.P.Sreekumar - learned Standing Counsel for the KUHS, affirmed that the facilities now available in the College in question are woefully insufficient; and he then answered the submissions of Sri.Abdul Raoof – learned counsel for the College, that even the inspection conducted on 22.03.2022, would be of no avail to them. He explained that his client has reliable information that the patients, who are exhibited on that day, were perhaps not genuine ones, but put up by the College to create the facade of having sufficient infrastructure. He submitted that he does not want to enter controversy on this issue at this stage because, what is at stake is the future of the students, who are studying for the final year MBBS.
9. My afore observations would not require any further expatiation and I am firm in my resolve that when this Court acts under Article 226 of the Constitution of India, its endeavor must be to ensure that we produce not merely good doctors but excellent ones, going by the constitutional imperatives under Article
51A(j).
10. In the afore touchstone, I am left without any doubt that this Court is now obliged to ensure the transfer of the petitioners, so as to enable them to complete their Internship in a meaningful and fruitful manner, so has to be of value to the Society as a whole.
11. Sri.P.Sreekumar – learned Standing Counsel fo
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