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2019 Supreme(Online)(KER) 17750

HIGH COURT OF KERALA
A.M.SHAFFIQUE, N. NAGARESH, JJ
THE PRINCIPAL – Appellant
Versus
THE ADMISSION SUPERVISORY COMMITTEE – Respondent


Advocates:
SRI.GEORGE POONTHOTTAM (SR.), SRI.K.R.AVINASH (KUNNATH), SRI.ABDUL RAOOF PALLIPATH, SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES

J U D G M E N T

Dated this the 22nd day of November 2019 Shaffique, J.

The Principal of Kannur Medical College has approached this Court inter alia seeking the following reliefs:-

“(i) issue a writ, order or direction, calling for the records leading to settlement o 16 cases in which Ext.P3 (a) to P3(i) re-opening notices have been issued and the remaining cases in 92 settled matters and to quash the same being notices issued without authority and jurisdiction;

(ii) Issue a writ declaring that the respondent being a statutory creation, cannot exercise any power than what is statutorily conferred and therefore the steps now taken for re-opening cases, which are already closed, is without authority and jurisdiction and therefore bad in law;

(iii) Issue a writ declaring that the respondent has no right of review of the orders passed or proceedings closed and therefore action in respect of matters, which are already closed, is without authority.”

2. Kannur Medical College had given admission to certain students to the MBBS Course during the academic year 2016-17, which came to be cancelled. By an order dated 29/8/2018, the Apex Court directed the College to return double of the amount than

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