IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Con.Case(C).No. 1826 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.35431/2008 Dated 05/12/2008 .................... PETITIONER(S): --------------- 1. HEMANT HARIDAS, AGED 19 YEARS, S/O. K.R. HARIDAS, MADHAVAM, TC NO. 36/712 (2), NSS KARAYOGAM ROAD, VALLAKKADAVU P.O., THIRUVANANTHAPURAM. 2. GAUTHAM R.B. SAI, SOUPARNIKA, NETTIRACHIRA, NEDUMANGAD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SRI.K.R.HARIDAS RESPONDENT(S): --------------- 1. DR.SUJATHAN, AGED ABOUTE 60, THE PRINCIPAL , AZEEZIA INSTITUETE OF MEDICAL SCIENCE & RESEARCH, MEYYANNOOR, KOLLAM. ADDL.R2. 2. THE ADMINISTRATOR, AZEEZIA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH MEYYANNOOR, KOLLAM (SUO MOTU IMPLEADED AS PER ORDER DATED 16.12.2008) ADV. SRI.KURIAN GEORGE KANNANTHANAM, FOR R1 & 2 SRI.TONY GEORGE KANNANTHANAM FOR R1 & 2 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- C.O.C.1826/2008 -------------------- Dated this the 11th day of February, 2009 JUDGMENT I heard Mr.Sajeev, learned counsel for the petitioners and Mr.Kurian George Kannamthanam, learned senior counsel. I have also heard Mr.Harish, learned counsel appearing on behalf of the 3rd respondent in W.P.(C).35431/2008, which was taken up along with the Contempt of Court case. I had passed the following order on 5.2.2009. I heard Mr.Kurian George Kannamthanam, learned senior counsel for the petitioners. He submits that as a measure of resolving the dispute that has arisen and also to see that the interest of the petitioners/students are not adversely affected, the Management of Azeezia Institute of Medical Sciences and Research, Kollam, is willing to accommodate the petitioners in the Contempt of Court case in the 2nd year of the MBBS, for the academic year, C.O.C.1826/2008 2 2009 onwards, on the fee prescribed for the petitioners while allotting them to the said institute, subject to the condition that the petitioners should pass the 1st year MBBS examination in the first chance itself. 2. Learned counsel for the petitioners, Mr.Sajeev, expresses an apprehension that the Pariyaram Institute, who are reluctant in relieving those students, who are prosecuting studies by paying the higher fee of an amount of Rs.4,35,000/- per annum, might be extremely reluctant in assessing the performance of these students in the internal examination. Mr.Kannamthanam submits that a substantial portion of the marks in the 1st year MBBS examination is earmarked for internal examination and the University declares the results after computing the marks obtained in the internal assessment also. It is only appropriate that the Management of the Pariyaram Institute takes note of the fact that the petitioners herein were directed to be allotted to the Azeezia Institute of Medical Sciences and Research, as per the orders of the Supreme court. The C.O.C.1826/2008 3 present stand taken by the Azeezia Institute, takes into account the spirit of the order passed by the Supreme Court and the necessity to see that all persons implicitly obey the orders passed by the Court. This responsibility would be obviously applicable to the Management of the Pariyaram Institute as well and it is made clear that as a responsible Self Financing Institution, no action taken by them should be called in question, later, by any person as being vitiated by the malafides or motivated by an intention to subvert the orders passed by the Supreme Court or by this Court. There should be no cause for a complaint at the instance of the petitioners, in the Contempt of Court case, or their parents that the internal assessment of the students for the 1st year MBBS, did not correctly reflect their performance or their conduct in academic matters, during the period when they were prosecuting their studies. Further more, their absence from the Institution, during the period when they were prosecuting the matter before this Court and awaiting further orders from this Court, should not be taken into account in assessing their marks in the C.O.C.1826/2008 4 internal examination. In other words, the said interregnum should be eschewed from consideration. 3. Mr.Kannamthanam points out that the transfer of the students from Kannur University to the Kerala University will require a counter signature of both the Institutions and there should be no reluctance on the part of the Management of the Pariyaram Institute in complying with such formalities as are required in this regard. I make it clear that there should be no such reluctance on the part of the Management/Principal of the Academy of Medical Sciences, Pariyaram, as and when a necessity arises in that regard. 4. A copy of this order shall be communicated to the Management/Principal of the Academy of Medical Sciences, Pariyaram, by the petitioners without further delay. 5. Learned counsel for the petitioners submits that there is a possibility of the Academy of Medical Sciences C.O.C.1826/2008 5 raising a claim for liquidated damages when the petitioners leave the Academy to join Azeezia Institute of Medical Sciences and Research. It is made clear that as and when the petitioners join the Azeezia Institute and are therefore, required to be relieved from the Academy of Medical Sciences, Pariyaram, it need only be treated as one in the course of allotment made to the Azeezia Institute by the Commissioner of Entrance Examinations, pursuant to the orders passed by the Supreme Court. It is further made clear that it will be open to the petitioners to seek appropriate reliefs in Writ Petition No.35431/2008. 6. Writ petition No.35431/2008, as stated above, was taken up along with the Contempt of Court case. The said writ petition was directed to be posted along with the C.O.C earlier. In the facts and circumstances of the case, I do not think it is necessary to further proceed with the Contempt of Court case and accordingly, the same is closed. But I direct that the instant order be incorporated as part of the records in Writ Petition C.O.C.1826/2008 6 No.35431/2008. It will be open to the parties to refer to the said order in the course of prosecuting the Writ petition. V.GIRI, Judge mrcs