WP(C) NO. 40167 OF 2018
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2025:KER:25670
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
WP(C) NO. 40167 OF 2018
PETITIONERS:
1 KERALA CHRISTIAN PROFESSIONAL COLLEGE MANAGEMENT
FEDERATION
REPRESENTED BY ITS PRESIDENT,
RAJAGIRI VALLEY P.O., KOCHI - 682 031.
2 THE DIRECTOR
JUBILEE MISSION MEDICAL COLLEGE AND RESEARCH INSTITUTE,
TRICHUR - 680 006.
BY ADVS.
KURIAN GEORGE KANNANTHANAM (SR.)
SRI.TONY GEORGE KANNANTHANAM
SRI.THOMAS GEORGE
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE.P.O., TRICHUR - 680 596.
2 THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., TRICHUR - 680 596.
BY ADV SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED
SCIENCE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MOHAMMED NIAS C.P., J.
========================= W.P.(C) No.40167 of 2018 ========================= Dated this the 26th day of March, 2025
J U D G M E N T
The above writ petition is filed with the following prayers;
" i) Issue a writ of certiorari or any other appropriate writ or order to quash Ext.P2 and P4.
ii) To declare that the University has no powers to compel the Colleges under the 1stpetitioner to form College students Unions or to conduct elections thereto.
iii) To declare that, even if the colleges are liable to conduct elections, they have the right to decide the mode of elections to the College Students Union.
iv) Grant such other reliefs as are just and proper in the nature of this case. "
Though there is a challenge to the bye laws of the college students union formulated by the Kerala University of Health Sciences,
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Thrissur, since the election, which was a cause of action for filing the writ petition is already over, the writ petition is closed as infructuous without prejudice to the right of the petitioners to approach this Court again, in case there is a fresh cause of action. It is made clear that all the contentions of the petitioners are left open.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
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APPENDIX OF WP(C) 40167/2018
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE COMPARATIVE CHART SHOWING
THE RESULT POSITION OF THE PRIVATE MEDICAL
COLLEGES IN THE STATE.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR LETTER DATED
22/11/2008 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE COLLEGE UNION ELECTION
SCHEDULE 2018-19.
EXHIBIT P4 TRUE COPY OF THE BYE-LAWS OF COLLEGE STUDENTS
UNION ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 18/1/2010
ISSUED BY THE MEDICAL COUNCIL OF INDIA.
// True Copy // PA To Judge
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