IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 16863 OF 2022
PETITIONER:
JIJO A. THOMAS, AGED 24 YEARS
S/O. ANIL THOMAS, R/O JIAN VILLA,
MALLAPPALLY WEST P. O., PATHANAMTHITTA,
KERALA - 689 585.
BY ADVS.
K.DHRUV KUMAR
SHAKTHI PRAKASH
HARIKRISHNAN M.S.
PRATHEEK VISWANATHAN
RESPONDENTS:
1 THE DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P. O., THIRUVANANTHAPURAM,
KERALA, PIN- 695 011.
2 THE JOINT DIRECTOR OF MEDICAL EDUCATION (G)
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE P. O., THIRUVANANTHAPURAM,
KERALA, PIN- 695 011.
3 PUSHPAGIRI COLLEGE OF ALLIED HEALTH SCIENCES
REPRESENTED BY THE PRINCIPAL, PUSHPAGIRI MEDICAL
COLLEGE HOSPITAL CAMPUS, THIRUVALLA - 689 101.
BY ADVS.
KURIAN GEORGE KANNANTHANAM (SR.)
THOMAS GEORGE
SMT RESMI THOMAS -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 16863/22
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JUDGMENT
The petitioner alleges that even though he completed his internship for a period which is more than what was prescribed, namely 1½ years, he has been denied his Certificate of Diploma in Dialysis Technology by respondents, citing a hypertechnical reason that he did not complete the said internship after he had passed the written examination or simultaneously thereto.
2. Sri.Dhruv Kumar K. - learned counsel for the petitioner, explained that his client had joined the internship and completed it, during which he had also appeared for the written examinations. He conceded that his client cleared the written examination only through supplementary chance, but argued that this would be of no consequence in the internship per se, because Ext.P1 Prospectus only stipulate that it be done for a period of one year in single shift, though he was asked to do it for additional six months in double and triple shifts. He predicated that, therefore, his client has been discriminated and victimised for no fault of his; and thus prayed that this Writ Petition be WPC 16863/22 3 allowed.
3. In response, Smt.Resmi Thomas - learned Government Pleader, submitted that the petitioner's certificate has been held up only because he did not clear the examinations after his internship had been completed. She argued that, going by the applicable Regulations, an internship is possible only after the examination is cleared; but that some students are allowed to do so on an earlier date, anticipating pass in the written examinations. She submitted that since the petitioner did not do so, the internship completed by him earlier has now become unworthy and cannot be included in the certificate, since its format shows the date of such being one either simultaneously or after the successful completion of the written examinations. She thus prayed that this Writ Petition be dismissed.
4. When I heard the learned Government Pleader on the afore lines, I asked her specifically as to which Regulation she was referring to, but she was unable to specify, arguing that this is the only manner in which Ext.P1 can be interpreted. She added that, in the format of the certificate also there is a problem WPC 16863/22 4 because, unless the petitioner had cleared the examination next to the internship, it cannot be included therein.
5. I must say that I cannot find favour with the afore submissions of the learned Government Pleader because, unless there is a specific Regulation or Statutory inhibition against grant of credit to an internship for an examination which was cleared in the supplementary chance, same cannot be denied to the petitioner since, admittedly, he had completed his internship without default. Going by Ext.P1 Prospectus, contrary to what has been stated by the learned Government Pleader, a student is only required to complete it for a period of one year in single shifts; while the petitioner maintains that he has completed another six months in double and triple shifts.
6. Obviously, therefore, if the afore seen facts are true, the petitioner cannot be burdened with any further requirement to do internship and must be granted his Certificate of Diploma in terms of Ext.P1 Prospectus without any further delay.
Resultantly, I order this Writ Petition and direct the competent among respondents to immediately issue the Certificate WPC 16863/22 5 of Diploma in Dialysis Technology to the petitioner, which shall be done not later than one month from the date of receipt of a copy of this judgment; however, clarifying that this shall be done after verifying and confirming that he had completed the necessary period of internship as is required under the prospectus
- be that simultaneous with the clearing of written examinations, or prior to it.
Needless to say, while completing the afore exercise, Ext.P4 will also be adverted to, that records the period during which the petitioner had done his internship.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 16863/22
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APPENDIX OF WP(C) 16863/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROSPECTUS FOR THE 2018
ADMISSION TO THE COURSE 'DIPLOMA IN
DIALYSIS TECHNOLOGY'.
Exhibit P2 TRUE COPY OF THE PETITIONER'S MARK LIST
DATED 16.04.2021.
Exhibit P3 TRUE COPY OF THE COURSE COMPLETION
CERTIFICATE.
Exhibit P4 TRUE COPY OF THE INTERNSHIP COMPLETION
CERTIFICATE.
Exhibit P5 TRUE COPY OF THE LETTER DATED 23.03.2022
RECEIVED FROM THE PRINCIPAL OF THE 3RD
RESPONDENT COLLEGE.
Exhibit P6 TRUE COPY OF THE SCREENSHOT OF THE EMAIL
CONVERSATION DATED 25.03.2022 BETWEEN
THE PETITIONER AND THE 2ND RESPONDENT.