IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 35431 of 2008(R) -------------------------- PETITIONER(S): --------------- 1. HEMANT HARIDAS, AGED 19 YEARS, S/O K.R.HARIDAS, MADHAVAM, TC NO.36/712(2),NSS KAROYOGAM ROAD, VALLAKADAVU.P.O, THIRUVANANTHAPURAM. 2. GAUTHAM R.B, SAI SOUPARNIKA, NETTICHIRA, NEDUMANGAD.P.O, THIRUVANANTHAPURAM. 3. MIDHUN P.RAJ, CHACKALAYIL HOUSE, CLAPPANA.P.O, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.D.SAJEEV SRI.K.R.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF ENTRANCE EXAMINATION HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, ACADEMY OF MEDICAL SCIENCES, PARIYARAM, KANNUR DISTRICT. 4. THE PRINCIPAL, AZEEZIA INSTITUTE OF MEDICAL SCIENCES & RESEARCH, MEYYANNOOR, KOLLAM. (*) ADDL.NO.5. THE REGISTRAR, UNIVERSITY OF KANNUR, KANNUR. [(*) ADDITIONAL RESPONDENT NO.5 IMPLEADED AS PER ORDER ON I.A.NO.2028/2010 DATED 10/02/2010.] ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE FOR R4 SRI.TONY GEORGE KANNANTHANAM FOR R4 SRI.P.V.SURENDRANATH FOR R3 SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35431 of 2008 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ALLOTMENT MEMO BEARING NO.AZC-10030 DATED 28/11/2008 ISSUED TO THE FIRST PETITIONER. EXT.P2 TRUE COPY OF THE ALLOTMENT MEMO BEARING NO.AZC/10044 DATED 28/11/2008 ISSUED TO THE SECOND PETITIONER. EXT.P3 TRUE COPY OF THE FEE REMITTANCE CERTIFICATE EVIDENCING THAT THE FIRST PETITIONER HAS REMITTED THE TUITION FEE OF RS.45,000/- EXT.P4 TRUE COPY OF THE FEE REMITTANCE CERTIFICATE STATING THAT THE 2ND PETITIONER HAS REMITTED THE TUITION FEE OF RS.45,000/- EXT.P5 TRUE COPY OF THE LETTER DATED 28/11/2008 ISSUED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT EXT.P6 TRUE COPY OF THE LETTER NO.CEE/2762/2008/TA1 DATED 28/11/2008 ISSUED TO THE THIRD RESPONDENT. EXT.P7 TRUE COPY OF THE FAX SENDING REPORT TO THE FAX NO.04743069399 EXT.P8 TRUE COPY OF THE G.D LEDGER DATED 5/12/2008 ISSUED BY THE SUB INSPECTOR OF POLICE, CHATHANNUR EXT.P9 TRUE COPY OF THE REPLY GIVEN BY THE FOURTH RESPONDENT TO THE FIRST PETITIONER EXT.P10 TRUE COPY OF THE AFFIDAVIT FILED BY THE FIRST PETITIONER BEFORE THE FOURTH RESPONDENT DATED 6/12/2008 WP(C).No. 35431 of 2008 EXT.P11 TRUE COPY OF THE COMPLAINT FILED BY THE PARENTS OF THE PETITIONERS 1 AND 2 BEFORE THE SUB INSPECTOR OF POLICE CHATHANNUR ALONG WITH THE RECEIPT DATED 5/12/2008 EXT.P12 TRUE COPY OF THE STATEMENT OF MARKS AWARDED TO THE FIRST PETITIONER AT THE 1ST MBBS DEGREE EXAMINATIONS AUGUST 2009 WITH REGISTER NO.A8MBBS1325 EXT.P13 TRUE COPY OF THE STATEMENT OF MARKS AWARDED TO THE 1ST PETITIONER AT THE 1ST MBBS DEGREE EXAMINATIONS AUGUST 2009 WITH REGISTER NO.A8MBBS1319. EXT.P14 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS 1 AND 2 BEFORE THE VICE CHANCELLOR OF KANNUR UNIVERSITY WITH COPY TO THE REGISTRAR. RESPONDENTS' EXTS: EXT.R3(a) TRUE COPY OF THE ORDER DATED 21/11/2008 IN WPC NO.500/2008 OF THE SUPREME COURT. EXT.R4(a) COPY OF COMMUNICATION DATED 5/12/2008 OF THE FOURTH RESPONDENT TO THE SECOND RESPONDENT. EXT.R4(b) COPY OF FAX ACTIVATION REPORT DATED 5/12/2008 \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35431/2008-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of February, 2010 J U D G M E N T The petitioners herein are first year M.B.B.S students in the Academy of Medical Sciences, Pariyaram Medical College, Kannur District. They have been admitted in the third respondent-college under the management quota. The fee prescribed for the management quota in the third respondent-College is Rs.4,35,000/- per year. In the writ petition, the main relief sought for is to direct the third respondent to issue transfer certificates and to return the other certificates of the petitioners, which they have produced before the third respondent at the time of admission, so as to enable the petitioner to join Azeezia Institute of Medical Sciences and Research, Meyyannoor, Kollam, the fourth respondent herein to which College they were allotted later. 2. After hearing the parties, this Court passed an interim order on 05/12/2008 whereby the petitioners were directed to report before the fourth respondent-College by 6.30 p.m. on 05/12/2008. Further directions were also issued by the same order. This was modified by another order dated 06/01/2009 whereby, the third respondent was directed to permit the petitioners to prosecute their W.P.(C). No.35431/2008 -:2:- course in the Pariyaram Medical College subject to further orders to be passed by this Court. Such a situation arose since the learned Senior Counsel for the fourth respondent submitted that all the seats in the fourth respondent- College have been filled. 3. The respondents have filed their counter affidavits also in the matter. 4. Subsequent disputes arose after they continued in the College, mainly relating to the internal assessment marks they have secured. They are relying upon the observations of this Court in the order passed in C.O.C No.1826/2008. According to them, a vindictive attitude was taken to reduce the marks. The learned counsel for the petitioners submitted that the petitioners have already filed a representation before the Vice Chancellor of Kannur University as per Ext.P14 and the Vice Chancellor may be directed to consider the same and pass appropriate orders. In the said petition, they have highlighted various aspects with regard to the award of internal marks. Reference is made to various orders passed by this Court including the Contempt of Court Case. After the petitioners were admitted again, they were not given promotion to II year M.B.B.S course for want of sufficient internal marks. The first petitioner was given only 9 marks in the Clinical W.P.(C). No.35431/2008 -:3:- paper of Anatomy whereas the second petitioner was given 9 marks as internal assessment in the theory paper of Anatomy. It is in these circumstances, they have sought for interference of the Vice Chancellor to call for the records which leads to the award of marks to the petitioners and re-assess the same after considering various aspects including the interim orders passed by this Court. 5. In the light of the controversy between the parties, it is only appropriate that the Vice Chancellor considers the issue with notice to everybody including the petitioners and the third respondent. Appropriate orders shall be passed after personally hearing the parties within a period of one month from the date of receipt of a copy of this Judgment. The issue regarding their claim seeking transfer to fourth respondent-College are left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms