State Of Kerala Represented By Its Secretary Health And Family Welfare Department, Government Secreatriat v. Muhammed Fazil V. S/o. Usman V
2025-04-04
N.NAGARESH
body2025
DigiLaw.ai
ORDER : 1. This Review Petition arises from the judgment of this Court in W.P.(C) No.35572/2024. The writ petition was filed by the petitioners who belong to 2018 MBBS Batch of Government Medical College, Kannur. 2. Following the order of the Hon’ble Apex Court in SLP No.9659/2020, W.P.(C) No.35572/2024 was disposed of with the following directions: Accordingly, the writ petition is disposed of directing the 5 th respondent to release the Certificates of the petitioners after obtaining an undertaking from the petitioners to the effect that if the claim of the petitioners is not upheld in the petitions pending before the Hon’ble Apex Court, they will refund the fees within the period prescribed by the Court. In the undertaking, the petitioners shall state that in the event they fail to deposit the amount as directed by the Court, their Degrees will be liable to be confiscated. Certificates shall be returned to the petitioners within a period of one month. 3. I have heard the learned counsel for the review petitioners and the learned counsel for the writ petitioners. 4. It is evident from the judgment that this Court proceeded to pass the final order based on the interim order dated 03.11.2023 of the Hon’ble Apex Court in I.A. No.220228 of 2023 in SLP(C) Nos.8408-8411 of 2020. Paragraph 6 of the said interim order would indicate that the Hon’ble Apex Court intended to grant the relief only insofar as the students who have not been admitted from NRI or Management Quota are concerned. Though the interim order of the Hon’ble Apex Court specified so, such exclusion was not made in the judgment dated 13.01.2025 in W.P.(C) No.35572/2024. To that extent, I find that there is an error apparent on the face of the records of the case. 5. The review petitioners would further submit that in the interim order dated 03.11.2023, the Hon’ble Apex Court had directed the students to file affidavit / undertaking before the Hon’ble Apex Court whereas this Court directed the writ petitioners to file undertaking / affidavit before the Principal of the College. Unless an affidavit / undertaking is executed / given before the Hon’ble Apex Court or before this Court, it will be difficult for the Government to make recovery in case ultimately the SLP is decided in favour of the Government. 6.
Unless an affidavit / undertaking is executed / given before the Hon’ble Apex Court or before this Court, it will be difficult for the Government to make recovery in case ultimately the SLP is decided in favour of the Government. 6. The Additional Advocate General would point out that the amounts recoverable from each student would run into lakhs and the total recovery, if warranted, would be of considerable sum. Therefore, it is highly necessary that an affidavit be executed before the Hon’ble Apex Court or before this Court. 7. I find that the directions of this Court should be in tune with the directions given by the Hon’ble Apex Court. In the circumstances, the last paragraph of the judgment dated 13.01.2025 in W.P.(C) No.35572/2024 is substituted as follows: “Accordingly, the writ petition is disposed of directing the 5 th respondent to release the Certificates of those petitioners who are not NRI or Management Quota students, if the petitioners execute an undertaking before this Court to the effect that if the claim of the petitioners is not upheld in the petitions pending before the Hon’ble Apex Court, they will refund the fees within the period prescribed by the Court. Such an undertaking should be given to the Registrar of this Court. In the undertaking, the petitioners shall state that in the event they fail to deposit the amount as directed by the Court, their Degrees will be liable to be confiscated. Certificates shall be returned to the petitioners within a period of one month.” 8. The Review Petition is disposed of as above.