PRINCIPAL, KANNUR MEDICAL COLLEGE, ANJARAKKANDI Vs. ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA

JUDGEMENT

(1.) The petitioner, a Private Self Financing Medical College, is before us challenging Ext.P11 order of the Admission Supervisory Committee for professional colleges in Kerala, the first respondent herein. As per Ext.P11 order, the Committee has recommended to the Kerala University of Health Sciences, the second respondent herein, to withdraw the affiliation/recognition of Kannur Medical College for the academic year 2018-2019.

(2.) The College was established in the year 2006 after obtaining necessary permissions from all the authorities, with a sanctioned intake of 100 students. Subsequently, it appears that an additional intake of 50 students was granted, making the present sanctioned intake 150, as evident from Ext.P1. The admissions made by the petitioner for the academic year 2016-2017 had become the subject matter of litigation before this Court as well as the Supreme Court since, the admissions had been found to be unsustainable and were set aside by the first respondent Committee. The action was held to be in order by this Court as well as by the Supreme Court. Thereafter, an attempt to regularize the admissions was made by the State by promulgating an Ordinance. The Apex Court deprecated the action of the State and has stayed the Ordinance. It has also been ordered that the students who were admitted, shall not take any benefit by virtue of the Ordinance. In other words, the students who were admitted by the petitioner College for the academic year 2016-2017 are left in deep waters now. Their future remains uncertain. Therefore, many of the students have sought for the return of the fees paid by them.

(3.) In the above context, there have been a number of complaints against the petitioner College alleging that amounts far in excess of the fee that they were permitted to charge had been extracted from the students. Such complaints were pending before the first respondent Committee. As per Ext.P9 proceedings dated 25.7.2018 the first respondent Committee scheduled a hearing on 27.7.2018 for the purpose of considering the complaints made by the students. The Principal in charge of the Medical College was also directed to appear before the Committee. By Ext.P10, the Principal requested for an adjournment of the hearing. However, the request was declined, the complaints were considered and Ext.P11 order was passed recommending that the affiliation/recognition of the Medical College for the academic year 2018-2019 be withdrawn. It is aggrieved by the said order of the first respondent that this writ petition is filed.