2022 Supreme(Online)(Ker) 80233
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE CHAIRMAN – Appellant
Versus
KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION – Respondent
WA 488/2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 8TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 WA NO. 485 OF 2022 AGAINST THE JUDGMENT IN WP(C)10536/2022 DATED04.04.2022 OF HIGH COURT OF KERALA APPELLANT/PETITIONER IN W.P.(C):
KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION HAVING ITS REGISTERED OFFICE AT MALABAR MEDICAL COLLEGE CAMPUS, MODAKKALLUR, ATHOLI P.O., KOZHIKODE-673315, REPRESENTED BY ITS GENERAL SECRETARY, ANIL KUMAR V.
BY ADVS. SRI. GEORGE POONTHOTTAM (SR.), SRI. ARUN CHANDRAN, SMT. NISHA GEORGE, SRI. VISHNU J., SRI. VISHNU B. KURUP, SRI. A.L. NAVANEETH KRISHNAN, SMT. CHITHRA P. GEORGE, SRI.LUKE J. CHIRAYIL, SRI. REGINALD VALSALAN, SRI. H.K. MADONA CYRIL AND SRI. ANSHIN K. K.
RESPONDENTS/RESPONDENTS IN WPC:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION (G, J AND P) DEPARTMENT, 3RD FLOOR, ANNEX-II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001.
2 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001.
3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM -695001.
4 ADMISSION SUPERVISION/FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, KERALA, T.C. 15/1553-4, PRASANTHI BUILDINGS, M P APPAN ROAD, VAZHUTHACAUD,THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN, PIN-695014.
SRI.P.G.PRAMOD, GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.04.2022 ALONG WITH WA 488 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 8TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 WA NO. 488 OF 2022 AGAINST THE JUDGMENT IN WP(C) 10536/2022 OF HIGH COURT OF KERALA DT 4.4.22 APPELLANTS/3RD PARTY:
1 THE CHAIRMAN, AL-AZAR MEDICAL COLLEGE & SUPER SPECIALITY HOSPITAL, EZHALLOOR P.O., THODUPUZHA – 685 605.
2 KARUNA MEDICAL COLLEGE, REPRESENTED BY ITS PRINCIPAL, VILAYODI, CHITTOOR, PALAKKAD – 678 103.
BY ADVS.SRI. KURIAN GEORGE KANNANTHANAM (SR)
SRI. P.M.SANEER SRI. TONY GEORGE KANNANTHANAM RESPONDENTS/PETITIONER & RESPONDENTS:
1 KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION, HAVING ITS REGISTERED OFFICE AT MALABAR MEDICAL COLLEGE CAMPUS, MODAKKALLUR, ATHOLI (PO), KOZHIKODE REPRESENTED BY ITS GENERAL SECRETARY, ANIL KUMAR V., PIN – 673 315.
2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION (G, J AND P) DEPARTMENT, 3RD FLOOR, ANNEX-II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.
3 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.
4 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM , PIN – 695 001.
5 ADMISSION SUPERVISORY / FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, KERALA, T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN., PIN – 695 014. BY SRI. P. G. PRAMOD, SR. GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
08.04.2022 ALONG WITH WA 485/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Murali Purushothaman, J.
The Kerala Private Medical College Management Association, an association stated to be formed to champion the cause of Private Medical Colleges in the State, approached the writ court seeking directions to respondents 3 and 4 to grant time for fresh registration in the NRI quota to the eligible students before commencement of the Mop-Up counselling. The learned Single Judge dismissed the writ petition and the association has come up in intra court appeal. I. A. No. 1 of 2022 in W. A. No. 488 of 2022 is filed by one of the member college of the said association and its Chairman, seeking leave to file