MARY LOUIS MANAVALAN Vs. STATE OF KERALA
HIGH COURT OF KERALA
MARY LOUIS MANAVALAN
STATE OF KERALA
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(1.) Can the students of a Medical College claim that they have a right to be transferred to another College on the ground that the institution being new, the facilities are not adequate This is the short question that arises in this bunch of cases.
(2.) The Cooperative Medical College, Gandhi Nagar, Kochi, started functioning in the year 2000. The petitioners were admitted to the MBBS course. They have a common complaint. It is alleged that the College does not have the necessary infrastructure. The facilities are not adequate. Thus, they pray for their transfer to the other Colleges. The claim in one of the cases for transfer to another Medical College has been considered and declined by the learned Single Judge. Hence, the Appeal and the connected petitions have been posted together for hearing. Since the basic issue is identical, these cases can be disposed of by a common order. The learned counsel for the petitioners have primarily referred to the factual position in O.P. No. 16142 of 2002. The sequence of events may be briefly noticed.
(3.) The petitioners belong to the first batch of students who were admitted in December, 2000. The Medical College has been set up and is being managed by the Cooperative Academy for Professional Education (Kerala), the eighth respondent. It is a Society. It was incorporated to carry out the administration and management of Professional Colleges in various disciplines like Engineering, Medicine and Management. The members of the Board of Governors of the Society are the Minister for Cooperation; the Secretary, Cooperation Department; the Registrar of Cooperative Societies; the Managing Director, Kerala State Cooperative Bank Limited; the Director of Technical Education; the Director of Medical Education; an expert in Technical Education (Non official member) Dr. S. Unnikrishna Pillai, an expert in Medical Education and an Industrialist. The Chief Minister and other members signed the Articles of Association. On this basis, the petitioners maintain that the Society is owned and controlled by the Government.;
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