Sebin Bose V.D vs Principal

Citation : 2022 Latest Caselaw 9777 Ker
Judgement Date : 26 August, 2022

Kerala High Court
Sebin Bose V.D vs Principal on 26 August, 2022
                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944

                             WP(C) NO. 26005 OF 2022

PETITIONERS:

     1         SEBIN BOSE V.D.
               AGED 23 YEARS
               S/O VIJAYABOSE, 9TH SEMESTER, 61ST MBBS ADDL. BATCH, GOVERNMENT
               MEDICAL COLLEGE, KOZHIKODE, RESIDING AT RITHUS, OLATHANNI,
               NEYYATTINKARA P.O., THIRUVANANTHAPURAM, PIN - 695121.

     2         SREESIL HARIRAG C.P.,
               AGED 24 YEARS
               S/O SUSEELA, 9TH SEMESTER, 61ST MBBS ADDL. BATCH, GOVERNMENT
               MEDICAL COLLEGE, KOZHIKODE, RESIDING AT KUNNATH HOUSE,
               KOTTAPPURAM, ANTHIYOORKUNNU P.O., MALAPPURAM - 673637.

               BY ADVS.
               R.T.PRADEEP
               M.BINDUDAS
               K.C.HARISH



RESPONDENTS:

     1         PRINCIPAL
               GOVERNMENT MEDICAL COLLEGE, MEDICAL COLLEGE JUNCTION, 17,
               MAVOOR ROAD, NEAR POLICE STATION, KOZHIKODE - 673008.

     2         KERALA UNIVERSITY OF HEALTH SCIENCES,
               REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
               THRISSUR -680596.

               SMT.PARVATHY K - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.08.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26005 OF 2022

                                         2




                                 JUDGMENT

Pending this lis, the reliefs sought for by the petitioners have already been substantially complied with by the respondents.

2. I, therefore, do not propose to write in detail about the facts or the controversy in question.

3. When this matter had been heard earlier, I had directed the respondents to allow the petitioners to take their practical classes and it is affirmed that they have been allowed to do so by their learned counsel - Sri.R.T.Pradeep.

In the afore circumstances, I order this writ petition, directing the 1st respondent - Principal of the College to upload the details of attendance and internal assessment of the petitioners on the internet portal on or before 29.08.2022.

Needless to say, on such being done, the University will allow the petitioners to appear for the examinations and complete their course, subject to all other legal and statutory requirements, if any, being satisfied.

I, however, make it clear that the afore observations or directions will have no bearing on the disciplinary action against the petitioners and that the review filed by them before the competent Authority will be considered in its proper perspective.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 26005 OF 2022 3 APPENDIX OF WP(C) 26005/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF SUSPENSION DATED 13.7.2022 OF PETITIONERS BY 1ST RESPONDENT. Exhibit P2 TRUE COPY OF THE OFFICE ORDER DATED 13.5.2022 REGARDING THE RE-SCHEDULE OF PRACTICAL EXAMINATION AND THEORY EXAMINATION OF 9TH SEMESTER OF 61ST ADDITIONAL MBBS BATCH STUDENTS.

Exhibit P3 TRUE COPY OF THE REPRESENTATION OF 1ST PETITIONER DATED 20.7.2022 BEFORE 1ST RESPONDENT. Exhibit P4 TRUE COPY OF THE REPRESENTATION OF 2ND PETITIONER DATED 22.7.2022 BEFORE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 27.7.2022 IN W.P.

(C) NO.24086/2022.

Exhibit P6 TRUE COPY OF THE NOTIFICATION DATED 12.8.2022 FOR THIRD PROFESSIONAL M.B.B.S.DEGREE PART II SUPPLEMENTARY EXAMINATIONS SEPTEMBER 2022 (2010 SCHEME.)