ANCY R.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Despite repeated direct.ions from this Court, to enable the petitioners who are PG Students, to continue their course of study, for which there should be a hospital functioning, the management of Kannur Medical College is not taking any effective steps to start the functioning of the medical college hospital utilising the areas other than those occupied for treatment of Covid-l-9 patients. As per the reports of the DMO, Kannur, after carrying out an inspection at the Medj-ca1 College as well as from the counter affidavit filed by the District Col-lector, sufficient space is available for running the hospital for patients other than Covid affected ones' independent of the areas used for Covid patients' in each of the floors of the Medical College Hospital, with separate access.

(2.) But the management is going on wi-th some or other objections and excuses for not running the . hospital under the gui-se of taking over and the absence of orders handing over areas which are not taken over. No attempt is seen made [xx xx xx] utilizing the green zone with separate access. From the contentions advanced on behalf of the Colleqe at the time of consideration and from the counter affidavit it would appear that they do not have any intention to conrmence the functioning of the Col-lege or hospital. As a resul-t of this, the petitioners, who joined the PG course, are unable to conti-nue their course since March, 2A2A. The learned Standing Counsel for the National Medical Council submitted that it would not be possi-bl-e to allocate these students in any other college even on temporary measure. Therefore' I am of the view that the State Government would have to solve the situation and protect the interest of these students. As the petitioners have already lost more than 6 months emerncnf ar:t ion i s rcrrrri red in the matter.

(3.) Thorofnra [xxx] fhols shall be a direction to the Government as wefl as the Di-rector of Med.icaf Education to report before this Court on 16.I0.2020 as to why they should not run the medical college hospital for patients other than Covid-19 affected ones also, provisionally, utilising the [xxx xxx xxx] petitioners need not suffer further.