IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(C) NO. 9287 OF 2023
PETITIONERS:
1 KERALA CHRISTIAN PROFESSIONAL COLLEGE MANAGEMENT FEDERATION,
REG.NO.60/2014/EKM. M.O.S.C. MEDICAL COLLEGE, KOLENCHERRY-
682311, REPRESENTED BY ITS MANAGING TRUSTEE
2 THE SECRETARY,
MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE,
KOLENCHERRY, ERNAKULAM DISTRICT, PIN - 682311
BY ADVS.
KERALA CHRISTIAN PROFESSIONAL COLLEGE MANAGEMENT
FEDERATION(Party-In-Person)
TONY GEORGE KANNANTHANAM
THOMAS GEORGE
ALEX GEORGE (CHAMAPPARAYIL)
ABI ANTONY
RESPONDENTS:
1 ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION
REPRESENTED BY ITS MEMBER SECRETARY, M.P. APPAN ROAD,
VAZHUTHACAD, THIRUVANANTHAPURAM, PIN - 695014
2 THE CHAIRMAN
ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION, M.P.
APPAN ROAD, VAZHUTHACAD, THIRUVANANTHAPURAM, PIN - 695014
OTHER PRESENT:
SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR
PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, ALONG WITH WP(C).10192/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(C) NO. 10192 OF 2023
PETITIONERS:
1 KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION
MALABAR MEDICAL COLLEGE CAMPUS, MODAKKALLURP.O, ATHOLI,
CALICUT - 673315, REPRESENTED BY ITS SECRETARY. REG:-ER188/07.
2 THE AL-AZHAR MEDICAL COLLEGE & SUPER SPECIALTY HOSPITAL EZHALLOOR P.O THODUPUZHA - 685605, REP ITS CHAIRMAN.
BY ADVS.
P.M.SANEER
TONY GEORGE KANNANTHANAM
NITHYA R.
RESPONDENTS:
1 ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION,
REPRESENTED BY ITS MEMBER SECRETARY, M.P. APPAN ROAD,
VAZHUTHACAD, THIRUVANANTHAPURAM, PIN - 695014
2 THE CHAIRMAN
ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION,
RAM MOHAN PALACE, OLD HIGH COURT BUILDING, HALL NO.8,
ERNAKULAM, KOCHI, PIN - 682031
3 STATE OF KERALA
REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND
FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM,
PIN - 695001.
4 THE DIRECTOR
SCHEDULED CAST & SCHEDULED TRIBES DEPARTMENT, VIKAS BHAVAN, THIRUVANATHAPURAM, PIN - 695033
BY ADV MARY BENJEMIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, ALONG WITH WP(C).9287/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W.P.(C) Nos.9287 & 10192 of 2023 = = = = = = = = = = = = = = = = = = Dated this the 30th day of March, 2023
J U D G M E N T
These writ petitions are at the instance of managements of private medical colleges. The relief sought in these writ petitions is, a direction to the respondents to finalise the fee structure for their courses for the year 2022-23.
2. A Division Bench of this Court has in Kerala Self Financing Dental College v. State of Kerala & Ors., 2007 (4) KLT 809, at paragraph 94, detailed the manner in which fee is to be finalised. As per the directions, the Colleges are to submit their proposal latest by 15thof November of the previous academic year. The Supervisory Committee on preliminary scrutiny of the documents can seek for additional information, if any, before 15thDecember. The College is to make available the said information before 31stDecember. The Committee is to pass final orders before 15thof February.
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W.P.(C) Nos.9287 & 10192 of 2023
-: 2 :-
3. According to the petitioners, though they had submitted proposals along with documents before the 15th of November, the Committee has failed to pass final orders fixing the fee.
4. The respondents have disputed the averments in the writ petition by filing a statement. They allege that the delay was on the part of the petitioners in providing the necessary documents. It is also contended that the petitioners had challenged the National Medical Commission's norms, and the litigation in relation thereto contributed to the delay.
5. I do not think it necessary to delve into the allegations and counter allegations as to, at whose hands the delay occurred. According to Sri.Kurian George Kannanthanam, the learned Senior Counsel for the petitioners in W.P.(C) No.9287/2023 have submitted Ext.P7 request before the second respondent for fixation of fee, and for the present, and without prejudice to
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W.P.(C) Nos.9287 & 10192 of 2023
-: 3 :-
the contentions of the petitioners, the request made in the last portion of Ext.P7 that fee may be fixed taking into consideration of the annual increase in the cost inflation index may be considered. Smt. Mary Benjamin, the learned counsel for the respondent submitted that the same could be considered and orders passed without delay. It is further submitted by the learned Standing Counsel that, hearing on Ext.P7 is already scheduled on 11.04.2023 and that orders will be passed pursuant thereto within a period of two weeks. Let the same be done.
6. As regards the petitioners in W.P.(C) No.10192/2023, a request in the nature of Ext.P7 has not been submitted by them so far. Sri.P.M.Saneer the Learned counsel for the petitioners submits that a similar representation like Ext.P7 shall be submitted by the petitioners immediately and the same may also be considered.
5
W.P.(C) Nos.9287 & 10192 of 2023
-: 4 :-
7. After due consideration of the submissions of the learned Senior Counsel for the petitioners and the learned Standing Counsel for the respondent, it is ordered as hereunder :-
(i) The petitioners in W.P.(C) No.9287/2023 shall be heard on the fixation of fee with reference to Ext.P7, on 11.04.2023.
(ii) Orders pursuant to the hearing to be held as above shall be passed within a period of two weeks therefrom.
(iii) If the petitioners in W.P.(c) No.10192/2023 submits a similar representation as Ext.P7 on or before 10.04.2023, the respondents shall pass orders thereon before 30.05.2021 after affording them an opportunity of hearing.
Writ Petitions are disposed of as above. Sd/-
SATHISH NINAN
JUDGE
kns/- //True Copy// P.S. to Judge
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W.P.(C) Nos.9287 & 10192 of 2023
-: 5 :-
The date '30.05.2021' occurring in direction No.(iii) contained in Paragraph No.7 of the judgment dated 30.03.2023 in connected writ petition Nos.9287/2023 and 10192/2023 stands suo motu corrected as '30.05.2023' as per order dated 04.04.2023 in the writ petitions.
Sd/-
Deputy Registrar
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APPENDIX-WP(C) 10192/2023 -2-
EXHIBITP12 A TRUE COPY OF THE REPRESENTATION NO.
KPMCMA/MBBS/FEE/01/2023/01 DATED 5/01/2023
ADDRESSED TO THE 2ND RESPONDENT.
EXHIBITP13 A TRUE COPY OF THE REPRESENTATION NO.
KPMCMA/FEE/UG/PG/002/2023/002 DATED 15/2/2023
GIVEN BY THE 1ST PETITIONER.
EXHIBIT14 A TRUE COPY OF THE REPRESENTATION NO.
KPMCMA/MBBS/FEE/004/2022 DATED 30/4/2022
SUBMITTED BEFORE THE DIRECTOR.
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