2025:KER:29064 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 RP NO. 446 OF 2025 AGAINST THE JUDGMENT IN WP(C) NO.3972 OF 2025 OF HIGH COURT OF KERALA REVIEW PETITIONERS/RESPONDENTS 1, 4 AND 5 IN WPC: 1 STATE OF KERALA REPRESENT ITS SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF MEDICAL EDUCATION DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O , THIRUVANANTHAPURAM, PIN - 695011 3 PRINCIPAL GOVERNMENT MEDICAL COLLEGE.,PARIYARAM KANNUR, KERALA., PIN - 670503 BY ADVS. SRI. ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL SRI. T.S.SHYAM PRASANTH, GOVERNMENT PLEADER 2025:KER:29064 RP No.446/2025 in WP(C) No.3972/2025 2 RESPONDENTS/PETITIONERS AND RESPONDENTS 2 AND 3 IN WPC: 1 SHANID.C.V AGED 26 YEARS MUHAMMED YOUSUF,CHAMGAM VALLY HOUSE MAMPAD P.O, MALAPPURAM, PIN - 676542 2 DEVIKA CHAND AGED 25 YEARS D/O V. P CHANDRAN,VALIYAPRAMBIL HOUSE,EZHACHERRY P.O, PALA KOTTAYAM, PIN - 686651 3 AFEEFA N.T AGED 24 YEARS D/O MUHAMMED ABDULSSALAM K.P, NADUVILTHODI HOUSE, AKKODE P.O, VAZHAKKAD, MALAPPURAM,, PIN - 673640 4 AMRUTHA BINESH AGED 24 YEARS D/O A BINESH, MULKKALYAZHATH HOUSE, MOOTHKUNNAN P.O, NORTH PARAVOOR, ERNAKULAM, PIN - 683516 5 PRABHAV SANAL NAIR AGED 23 YEARS S/O BABU SANAL NAIR, KAIPILALIL HOUSE, MALAYALAPUZHA P.O, PATHANAMTHITTA, PIN - 689666 6 AMINA ABDUL NASSAR AGED 24 YEARS D/O ABDUL NASSER, PONNIYATH HOUSE, NADAPURAM P.O, KOZHIKODE, PIN - 673504 7 SWETHA .T.M AGED 24 YEARS D/O ASHOKAN K,KEERTHANAM NEAR KATTIL PEEDIKA, PINARAYI P.O KANNUR,, PIN - 670741 2025:KER:29064 RP No.446/2025 in WP(C) No.3972/2025 3 8 JASNA V.S AGED 25 YEARS D/O BADARUDEEN, JASNA MANSIL, EZHPPORAM, PARIPALLI P.O, KOLLAM, PIN - 691574 9 FATHIMA HISANA KHATHOON AGED 24 YEARS D/O SAINUDHEEN V.V, BEEVI HOUSE, THUNERI P.O, NADAPURAM, KOZHIKKODE, PIN - 673505 10 AREENA ROY AGED 24 YEARS D/O ROY MARTIN, KOODARAM, M M PARAMDA UNNIKULAM, KOZHIKKODE, PIN - 673574 11 ANUPAMA P AGED 24 YEARS D/O PREMANANDAN M, NANDANAM, SANTHOSH NAGAR, VAZHANI ROAD, WADAKKANCHERRY, TRISSUR, PIN - 680582 12 MUSHTHAQUE HARSHAL T.P AGED 26 YEARS S/O MUSTAFA T. P, THANDUPARA HOUSE, EDAVANNA, MALAPPURAM, PIN - 676541 13 AJMAL ALI C.K AGED 25 YEARS S/O ALIKUTTY, CHANGANNAKATTIL HOUSE, CHANDANAKAVU, ANANTHAVOOR P.O, MALAPPURAM, PIN - 676301 14 MUNEES RAHMAN M AGED 24 YEARS S/O MOOSA M, MECHERI HOUSE, CHOORAPPATTA, AKODE P.O, MALAPPURAMPIN, PIN - 676340 2025:KER:29064 RP No.446/2025 in WP(C) No.3972/2025 4 15 HITHESH M AGED 25 YEARS S/O HARIDAS T P, PALAKKIL HOUSE, PERIMKONNU CHENGALAYI P. O, KANNUR, PIN - 670631 16 DIYA FATHIMA M AGED 25 YEARS D/O ABDUL GAFFOOR M, CHERUTHODI HOUSE, EDAVANNAPPARA,CHERUVAYOOR P.O MALAPPURAM, PIN - 673645 17 SURUMI P AGED 25 YEARS D/O SUDHEER O, PARAPPURAVAN HOUSE, WANDOOR, PUNNAPPALA P.O, MALAPPURAM, PIN - 679328 18 KARTHIK.K AGED 23 YEARS S/O SIVAN K, KAMPURATH HOUSE, MAKKADA P.O CHERUKULAM KOZHIKKODE, PIN - 673611 19 AMAN JAFER M.P AGED 24 YEARS S/O JAFER PALOT, AL THAYIB, ERIPURAM, PAYANGADI P.O KANNUR, PIN - 670303 20 SUDEV KARAKKAD AGED 23 YEARS S/O DR. NARAYAN PRASAD KARAKKAD, KARAKKAD HOUSE, DINED AUDITORIUM ROAD, THANA PO KANNUR, PIN - 670012 21 ASIYA NIZAR AGED 25 YEARS D/O K S NIZARUDEEN KAITHADY, KIZHAKEKARAPUTHEN VEEDU, ALAYAMON PO ANCHAL, KOLLAM, PIN - 691306 2025:KER:29064 RP No.446/2025 in WP(C) No.3972/2025 5 22 KADEEJATH AMANA C.A AGED 25 YEARS D/O ABDUL RAHIM C A, RAHMATH MANZIL, MANAL, CHEMNAD PO KASARGODE, PIN - 671317 23 SREERAM PANICKER AGED 26 YEARS S/O N A PANICKER, BHARANATHU, MUNROETHURUTHU PO KOLLAM, PIN - 691502 24 SANJEEV SREEDHAR AGED 24 YEARS S/O P SASIDHARAN, MARATHAKAM HOUSE, MERIKUNNU P O KOZHIKKODE, PIN - 673012 25 NATIONAL MEDICAL COMMISSION POCKET – 14, SECTOR 8, DWARAKA PHASE I, NEW DELHI, DELHI, REPRESENTED BY ITS CHAIRPERSON, PIN - 110077 26 KERALA UNIVERSITY OF HEALTH SCIENCE MEDICAL COLLEGE P O, THRISSUR, KERALA REPRESENTED BY ITS REGISTRAR, PIN - 680596 BY ADV. SRI. THOMAS ABRAHAM, STANDING COUNSEL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29064 RP No.446/2025 in WP(C) No.3972/2025 6 ORDER Dated this the 4th day of April, 2025 This Review Petition arises from the judgment of this Court in W.P.(C) No.3972/2025. 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.3972/2025 was disposed of with the following directions: Accordingly, the writ petition is disposed of directing the 5th 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. If the petitioners fail to deposit the amount, subject to any orders that may be passed by the Hon’ble Apex Court, the respondents will be at liberty to 2025:KER:29064 RP No.446/2025 in WP(C) No.3972/2025 7 recover the amount treating the amount due as Public Revenue due on land and to resort to revenue recovery proceedings. 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 31.01.2025 in W.P.(C) No.3972/2025. To that 2025:KER:29064 RP No.446/2025 in WP(C) No.3972/2025 8 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. 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 2025:KER:29064 RP No.446/2025 in WP(C) No.3972/2025 9 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 31.01.2025 in W.P.(C) No.3972/2025 is substituted as follows: “Accordingly, the writ petition is disposed of directing the 5th 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 2025:KER:29064 RP No.446/2025 in WP(C) No.3972/2025 10 event they fail to deposit the amount as directed by the Court, their Degrees will be liable to be confiscated. If the petitioners fail to deposit the amount, subject to any orders that may be passed by the Hon’ble Apex Court, the respondents will be at liberty to recover the amount treating the amount due as Public Revenue due on land and to resort to revenue recovery proceedings. Certificates shall be returned to the petitioners within a period of one month.” The Review Petition is disposed of as above. Sd/- N.NAGARESH JUDGE spk 2025:KER:29064 RP No.446/2025 in WP(C) No.3972/2025 11 APPENDIX OF RP 446/2025 PETITIONER ANNEXURES Annexure I TRUE COPY OF THE ORDER DATED 03-11- 2023 IN SLP NO.10212/2019 AND CONNECTED CASES Annexure II TRUE COPY OF THE GO(RT)NO.2040/2017 HFWD DATED 20-07-2017 Annexure III TRUE COPY OF THE JUDGMENT DATED 22-06- 2023 IN WP(C)NO.19326/2023 Annexure IV TRUE COPY OF THE ADMITTED MBBS CANDIDATES LIST OF ACADEMY OF MEDICAL SCIENCE,PARIYARAM PUBLISHED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION, KERALA