IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 18400 OF 2022
PETITIONERS:
1 AMAL K., S/O. K. R. MOHANAN, KOTTARATHIL HOUSE,
KANICHOOR P. O., KELAKAM, KANNUR - 670674.
2 VISHAL D., S/O. DAYANANDAN PP, ANADA BHAVAN,
AVOOLOKUNNU P. O., SOUTH ARYANAD, ALAPUZHA - 688006.
3 FATHIMA HIDA, D/O. ISMAIL.K., KAKKATTUMMA,
UNIKULAM P. O., PANOOR, KOZHIKODE - 673574.
4 AISHWARYA KK, M.P.DAMODARAN, ERAMAM NORTH, ERAMAM PO.,
PAYYANUR, KANNUR - 670307.
5 FEMI ZACHARIA, D/O. T.K.ZACHARIA, THUMKUZHY HOUSE,
POOVARANNY P. O., KOTTAYAM - 686577.
M.P.SREEKRISHNAN
A.MUHAMMED MUSTHAFA
DHEERAJ P.P.
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P. O., THRISSUR, KERALA - 680 596,
REPRESENTED BY ITS REGISTRAR.
2 THE VICE CHANCELLOR, KERALA UNIVERSITY OF
HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR,
KERALA - 680 596.
3 THE PHARMACY COUNCIL OF INDIA
COMBINED COUNCIL'S BUILDING, KOTLA ROAD, AIWAN-E-GHALIB
MARG, NEW DELHI - 110002.
4 CONTROLLER OF EXAMINATIONS, THE KERALA UNIVERSITY OF
HEALTH SCIENCES, MEDICAL COLLEGE P. O., THRISSUR,
KERALA - 680 596.
SRI.P.SREEKUMAR-SC
WP(C) NO. 18400 OF 2022
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 18400 OF 2022
3
JUDGMENT
Effectively, the petitioners seek that they also be given the same benefit as were given to the petitioners in Ext.P4 judgment.
2. Sri.M.P.Sreekrishnan, learned counsel for the petitioners, explained that the initial policy decision, taken by the first respondent - Kerala University of Health Sciences (KUHS), was that those students who had not cleared certain papers of the first and second year of the course leading to a Degree in Pharmacy (B.Pharm), will still be allowed to write the final year examination, which was scheduled in November, 2020, taking note of the Covid - 19 pandemic disruptions, however, on condition that they clear them in the next supplementary chance. He submitted that some of the students cleared these papers in the next supplementary chance and therefore, that they were permitted to write the final year examination conducted in November, 2020; but that some of them unfortunately had taken one more chance. He submitted that such students had approached this Court and obtained Ext.P4 judgment and added that his clients are WP(C) NO. 18400 OF 2022 4 identically situated. He thus prayed that the declarations in Ext.P4 be made applicable to his clients also.
3. In opposition, Sri.P.Sreekumar - learned standing counsel for the KUHS, submits that his client had issued Ext.P3 order on 29.03.2021, making it clear that, as an exception, students will be allowed to write the final year examination scheduled in November 2020 on condition that they pass all the uncleared papers of the first and second years in the next supplementary chance, which was then due in February, 2021. He submitted that some students, who are petitioners in Ext.P4, did not clear this chance, but came to this Court again and as mere indulgence, were allowed the benefit of Ext.P3, but making it clear that it will not be treated as a precedent. He submitted that the petitioners in this case cleared the examination even thereafter, which is to say, after the third or fourth supplementary chances after November, 2020; and therefore, that they cannot seek the benefit of Ext.P4 in any manner whatsoever.
4. When I evaluate and consider the afore submissions, it is indubitable that the petitioners herein will be justified in asking for the same benefit as was granted to the petitioners WP(C) NO. 18400 OF 2022 5 in Ext.P4, if they are identically situated.
5. Going by the record of the facts mentioned in Ext.P4 judgment, the petitioners therein had cleared the supplementary examination only on the second chance after November, 2020. Since Sri.M.P.Sreekrishnan says that his clients are also identically situated, I see no reason why they should be denied benefit, even though in Ext.P4, I had clarified that it will only operate as a special case. This is because when this Court declared that Ext.P4 operates in a special scenario, it means that it is so in the case of students who cleared the supplementary examination at least by the second chance after November, 2020. If the petitioners herein are so situated, then they will also come under the special class mentioned in Ext.P4 and I see no reason why they alone should be discriminated from being granted relief.
6. Resultantly, with a clarification that if the petitioners have cleared the papers of the first and second years at least by the second supplementary chance conducted by the University after November, 2020, they will also be given the same benefit as those in Ext.P4 judgment.
7. An apposite decision in this regard shall be taken by WP(C) NO. 18400 OF 2022 6 the competent Authority of the University and necessary action completed within a period two weeks from the date of receipt of a copy of this judgment.
This writ petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 18400 OF 2022 7 APPENDIX OF WP(C) 18400/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE INTERIM ORDER DATED 16.10.2020 IN WP(C) 21623 OF 2020.
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 15.12.2020 IN WP(C) 21623 OF 2020.
Exhibit P3 A TRUE COPY OF THE ORDER DATED 29.03.2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P4 A TRUE COPY OF THE ORDER DATED 22.12.2021 IN IA 1 OF 2021 IN WP(C) 21623 OF 2020.