IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 14656 OF 2022
PETITIONERS:
1 AQMAL HASSAN, AGED 26 YEARS,
S/O.THAJUDEEN K., VALAVUTHARA, KANNAMPALLY BHAGAM,
KEERIKKAD, ALAPPUZHA, KERALA, PIN - 690 502.
2 VAISHNAVI M, AGED 27 YEARS,
D/O.ASHOK KUMAR, THEKKE VEEDU, KUREEPUZHA,
KAVANADU P.O., KOLLAM, KAVANAD, KERALA, PIN - 691 003.
BY ADV P.S.ABDUL KAREEM
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTORATE OF HEALTH SERVICES,
REPRESENTED BY SECRETARY TO DHS,
THIRUVANANTHAPURAM, PIN - 695 035.
SMT. PARVATHY K., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14656 OF 2022
-2-
C.R.
JUDGMENT
This case brings to the fore the rather cavalier attitude exhibited by the respondents towards students like the petitioners, pursuing Para Medical Courses.
2. The petitioners say that they are part of the 2019 batch studying in the 'Josco Paramedical College', Alappuzha, which operates under the 2nd respondent - Directorate of Health Services. They point out that the course is a two year one but that, in spite of three years having been elapsed, neither have the results of the examinations of their first year been published, nor any steps taken to conduct the second year one. They say that the respondents have now published Ext.P4 Academic Calendar, as per which, they will obtain their Diplomas and Paramedical Council Registrations (PMC Registration) only in July - WP(C) NO. 14656 OF 2022 -3- August, 2023; thus making the course effectively a four year one.
3. The petitioners, therefore, pray that Ext.P4 be set aside and the respondents be directed to publish their first year results without any further delay; and to conduct the second year examinations, leading to the issuance of their Diplomas and Certificates, within the next few months.
4. The afore submissions of the petitioners, as voiced by their learned counsel - Sri.P.K.Afthabudheen, were answered by the learned Government Pleader - Smt.Parvathy K., initially seeking time to file counter pleadings, but then explaining that the delay in the course has been occasioned only on account of the COVID-19 pandemic scenario. She submitted that it is, in fact, on account of the various requests made by the students themselves at several times, that WP(C) NO. 14656 OF 2022 -4- conduct of the 1st year examinations had to be postponed, which has now led to a cascading effect of causing inevitable delay for the second year also. She submitted that, however, every effort will be taken by the respondents to ensure that Ext.P4 Academic Calendar is implicitly followed, so that the students will get their Diplomas at least by July - August, 2023.
5. I must say that I cannot find favour with the afore submissions of Smt.Parvathy K., or with Ext.P4 Academic Calendar, to the extent to which it provides for the issuance of Diploma and PMC Registration only by July - August, 2023. This is because it is uncontested that petitioners are the members of the 2019 batch, who should have obtained their Diplomas and PMC Registrations at least by 2021. However, even today, they complain that their first year results have not yet been published; and that Ext.P4 Academic Calendar WP(C) NO. 14656 OF 2022 -5- pushes the time frame for issuance of the Diplomas and PMC Registrations till July - August, 2023.
6. This is extremely unfair and totally uncharitable to the student community at large, particularly when the 2nd respondent - Directorate of Health Services, has a duty to ensure that the courses in question are conducted faultlessly and in the manner so as to promote the careers and lives of the students studying it.
7. Presumably, being aware of the mind of this Court as afore, Smt.Parvathy K. - learned Government Pleader, submitted that, notwithstanding Ext.P4, the respondents will consider issuance of a fresh Academic Calendar to conduct the 2nd year examinations, leading to the issuance of Diplomas this year itself; further adding that the first year results will be published without any avoidable delay now.
8. Though this Court appreciates the afore WP(C) NO. 14656 OF 2022 -6- undertaking, it is necessary to remind the respondents that we are already in the mid month of 2022 and therefore, not more than six months can be taken to ensure that the students obtain their Diplomas and PMC Registrations at least within that time.
9. I am persuaded to the afore time frame, because I am aware that certain conditions and criteria will have to be satisfied by the students, before taking the examinations, including attendance; and since the learned Government Pleader submits that this will require another one or two months more of classes.
Resultantly, I order this writ petition and declare that Ext.P4 Academic Calendar cannot apply to the students of the 2019 batch; and that the 2 nd respondent, in consultation with the competent Authority, must publish a fresh Calendar for them, so that, eventually, their Diploma Certificates WP(C) NO. 14656 OF 2022 -7- and PMC Registrations can be issued and achieved at least by the end of this year.
The afore shall be done by the 2nd respondent or by its competent Authority, within a period of two months from today and the new calendar shall be published immediately thereafter.
After I dictated this part of the judgment, Sri.Afthabudheen - learned counsel for the petitioners, submitted that his clients have also raised a complaint against the fees charged for the course. I am afraid that I cannot accede to this at all, since the petitioners joined the course being fully aware of its terms and cannot assail it at this point of time.
At this time, the learned Government Pleader intervened to say that the results of the 1st year examinations have, in fact, already been published. If this be so, then the other afore directions shall be complied with by the WP(C) NO. 14656 OF 2022 -8- respondents within the above time frame.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 14656 OF 2022 -9- APPENDIX OF WP(C) 14656/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE G.O. FOR THE APPROVAL OF PROSPECTUS FOR ADMISSION TO PROFESSIONAL DIPLOMA COURSES (PHARMACY, HEALTH INSPECTOR AND PARAMEDICAL) FOR THE ACADEMIC YEAR 2019-2020 IN THE STATE OF KERALA. EXHIBIT P2 TRUE COPY OF THE TIME TABLE FOR DIPLOMA IN HEALTH INSPECTOR COURSE 2018-2020 BATCH FIRST YEAR EXAMINATION.
EXHIBIT P3 TRUE COPY OF THE TIME TABLE FOR PARAMEDICAL COURSES EXAMINATION MAY 2021 (REGULAR) UNDER THE DIRECTORATE OF MEDICAL EDUCATIONS (DME) IN THE STATE OF KERALA.
EXHIBIT P4 TRUE COPY OF THE ACADEMIC CALENDER 2021 AND 2022-2023 FOR DHIC COURSE 2019 BATCH. EXHIBIT P5 TRUE COPY OF THE ADMISSION PROCEEDINGS FOR PROFESSIONAL DIPLOMA COURSES (PHARMACY, HEALTH INSPECTOR AND PARAMEDICAL COURSES) 2021-2022.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 26.05.2014. EXHIBIT P7 TRUE COPY OF THE ORDER BY THE 1ST RESPONDENT IS G.O.(RT.) NO. 1520/2021/H & FWD DATED 20.07.2021.
EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.D2/10404/2021 DATED 06.12.2021.
EXHIBIT P8(a) READABLE TYPE WRITTEN COPY OF THE EXHIBIT P8.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHER STUDENTS OF DIPLOMA IN HEALTH INSPECTOR COURSE 2019 BATCH BEFORE THE RESPONDENT.
WP(C) NO. 14656 OF 2022 -10- EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHER STUDENTS OF DIPLOMA IN HEALTH INSPECTOR COURSE-3.34 2019 BATCH BEFORE THE 1ST RESPONDENT. RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE