Kerala High Court
Binsy C vs State Of Kerala on 8 April, 2021
W.P.(C).No.28043/2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.28043 OF 2020(E)
PETITIONERS:
1 BINSY C.
AGED 26 YEARS
D/O. BALAKRISHNAN.C. CHENAPPURATHU (H),
MUNDAKKULAM, MUTHUPARAMBU (P.O.), MALAPPURAM
673 638
HAVING UNIVERSITY REG NO HSAMBL T008.
2 AYSHATH FARZANA BK,
AGED 28 YEARS
D/O. MUHAMMED HANEEFA BK, BK VILLA, KALOOR
ROAD, MANAKVU (PO),
CALICUT 673 007.
HAVING UNIVERSITY REG NO HSAMBL T007.
3 ANJU VP,
AGED 27 YEARS
D/O. PUSHKARAN V.K. VANDEPARAMBIL (H),
AYYAMPILLY (PO), ERNAKULAM 682 501,
HAVING UNIVERSITY REG NO HSAMBMM005.
4 ABDUSSAMAD,
AGED 27 YEARS
D/O. KUNJI MUHAMMED.K. ALUMKUNDU (H), PULPPATTA
(PO),
MALAPPURAM, 676 123.
HAVING UNIVERSITY REG NO HSAMBMC001.
W.P.(C).No.28043/2020
2
5 JEEVA JAMES,
AGED 26 YEARS
D/O. T.S. JAMES, THADATHIPARAMBIL (H),
KOOVAPPADY (PO), MAVELIPPADY, ERNAKULAM 683
544.
HAVING UNIVERSITY REG NO HSAMBL T010.
6 ANUSREE ANAND,
AGED 25 YEARS
D/O. ANANDAN, KOONUMMEL (H), NEELESWARAM, (PO),
OMASSERY, CALICUT 673 582.
HAVING UNIVERSITY REG NO HSAMBL T003.
7 VYSHAKHA POOLAKKAD,
AGED 27 YEARS
D/O. VIDHYADHARAN VINCY (H), ARAKKINAR (PO),
CALICUT 673 028.
HAVING UNIVERSITY REG NO HSAMBL T027.
8 JEMSHEENA TP,
AGED 26 YEARS
D/O. ALI.T.P. PULIKKUZHIYIL (H) THRIPPANACHI
(PO), KUZHIMANNA (VIA), MALAPPURAM 673 641.
HAVING UNIVERSITY REG NO HSAMBL T011.
9 APARNA RAVI,
AGED 25 YEARS
D/O.N. RAVEENDRAN PILLAI, CHANDRAVILASOM,
SAMRUDHINAGAR 48, ASRAMAM (PO), KOLLAM 691 002.
HAVING UNIVERSITY REG NO HSAMBL T004.
10 NISHA V.,
AGED 25 YEARS
D/O. SOMAN, VAIRAM VALAPPIL (H), MANNUR (PO),
CALICUT 673 328.
HAVING UNIVERSITY REG NO HSAMBL T017.
11 DAYANA WILLIAM,
AGED 29 YEARS
D/O.WILLIAM VALIYAVEEDU, KUMBULAM (PO),
MULAVANA (VIA), KOLLAM 691 503.
HAVING UNIVERSITY REG NO HSAMBMM007.
W.P.(C).No.28043/2020
3
12 ANAGHA.R.,
AGED 25 YEARS
D/O. BALAKRISHNAN R., KIZHAKKECHALIL (H),
MUCHUKUNNU (PO), KOYILANDY 673 307.
HAVING UNIVERSITY REG NO HSAMBL T001.
13 HARITHA KT.,
AGED 25 YEARS
D/O. SASIDHARAN KT, SOPANAM, KIZHAKKETHODIYIL
(H), KANDAM, KULANGARA, ERANHIKKAL (PO), 673
303.
HAVING UNIVERSITY REG NO HSAMBMC005.
14 JINSHA N.,
AGED 26 YEARS
D/O. KAMMUKUTTY.N., PULPARAMBIL (H),
KAKKANCHERI, PALLIKKAL (PO), MALAPPURAM 613
634.
HAVING UNIVERSITY REG NO HSAMBL T012.
BY ADVS.
SRI.JOHNSON JOSE PANJIKKARAN
SRI.T.R.JERRY SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH
AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 UNIVERSITY OF CALICUT,
REPRESENTED BY ITS REGISTRAR,
CALICUT UNIVERSITY P.O.
THENHIPALAM, KERALA 673 635.
3 KERALA UNVIERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE P.O. THRISSUR 680 596.
R2 BY ADV. SRI.P.C.SASIDHARAN
R3 BY ADV. SHRI.P.SREEKUMAR
W.P.(C).No.28043/2020
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OTHER PRESENT:
P.C.SASIDHARAN,SC(KPSC) , P.SREEKUMAR,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05-03-2021, THE COURT ON 08-04-2021 DELIVERED THE FOLLOWING:
W.P.(C).No.28043/2020
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JUDGMENT
Dated this the 8th day of April 2021
1. Petitioners were students of B.Sc. Medical Laboratory
Technology, Medical Microbiology, Medical Biochemistry of the
Calicut University Self Financing Centre for Health Sciences.
It is contended that since the courses are paramedical
courses, the syllabus of the 3rd respondent University is
followed. However, no supplementary examinations were
conducted after 2018. The petitioners claim that they have
failed in some subjects and seek for the conduct of a special
supplementary examination to enable them to clear the
pending papers. It is contended that such a special
examination was ordered to be conducted for all courses since
1995 by Exhibit P2 order dated 30.09.2019. The marks
secured in the practical, viva and internal examinations were
permitted to be carried over. However, the examinations as
ordered have not been held putting the petitioners to severe
hardship, it is contended. The petitioners have approached
this Court seeking directions for implementation of Ext.P2 by
W.P.(C).No.28043/2020
conduct of a special supplementary examination for the
petitioners' courses.
2. A counter affidavit has been placed on record on behalf of
respondent No.2. It is contended that the petitioners are
students of courses in Medical Microbiology, Medical
Biochemistry and Medical Laboratory Technology, who were
admitted during the academic year 2012. It is stated that the
UGC guidelines for determination of uniform span period for
completion of a degree and clearing backlog had been adopted
by the 2nd respondent on 20.02.2016. It is stated that a
student is allowed only two more years beyond the normal
course period to clear the backlogs to qualify for the degree.
It is stated that since the petitioners are admitted in the year
2012, the normal course period ended in 2016 and the
University had granted chances up to 2018 session to clear the
backlogs. Examinations were even thereafter conducted by the
University from 18.03.2019 to 22.03.2019, even though the
span period of the petitioners ended in 2018. It is submitted
that paramedical courses are discontinued in the University
W.P.(C).No.28043/2020
and the University is now not offering the course. The
academic council had resolved to grant a one time regular
supplementary examination for all students who have
completed the course in 1995 or later on humanitarian ground
and the decision was implemented by University order dated
02.12.2020. It is stated that the candidates can apply for the
examination only after the notification of the same and the
petitioners cannot claim the benefit of any further chances. It
is contended that there is absolutely no discrimination in the
matter and that the petitioners being failed candidates who
had ample opportunity to clear the backlog and being unable
to do so, cannot claim any further right for the conduct of
further examinations to enable them to clear the backlog.
3. A reply affidavit has been placed on record by the petitioners.
It is contended that the petitioners were unable to clear the
backlog and complete the course only due to the change in
syllabus after admission. It is stated that the students under
the 3rd respondent University are given two chances each year
to clear backlog while the students under the 2 nd respondent
W.P.(C).No.28043/2020
university are granted only one chance per year. It is further
contended that going by the 3rd respondent's regulation, the
maximum time span for acquiring the degree is eight years
from the joining of the course, while the time is limited to six
years in the 2nd respondent. It is submitted that since the 2 nd
respondent has decided to conduct special supplementary
examinations on humanitarian considerations, the decision is
liable to be implemented without delay.
4. Having considered the contentions advanced, I find that the
claim of the petitioner was for the conduct of a special
supplementary examinations in respect of the petitioners also
who are students of the 2012-2016 batch. It is now on record
that such a special supplementary examination has been
decided to be conducted for all students who have completed
the course in 1995 or thereafter on humanitarian grounds by
Exhibit P7. The petitioners, who are admittedly students of
the 2012-2016 batch whose time for completion of course has
already expired going by the regulations applicable in the 2 nd
respondent cannot dictate the terms on which their
W.P.(C).No.28043/2020
examinations are liable to be conducted. Their only right
would be to appear in special supplementary examinations,
when the University conducts such examinations.
5. In the above view of the matter, in view of the fact that a
special supplementary examination has already been decided
to be conducted in respect of all students from 1995 batch on
humanitarian considerations, I am of the opinion that the
University must conduct examinations without undue delay
after publishing the date well in advance. There will,
accordingly, be a direction to the competent authority in the
University to consider the issue and decide the date for the
conduct of the special supplementary examinations in respect
of the courses undergone by the petitioners within a period of
one month from the date of receipt of a copy of this judgment.
The date shall be duly notified and published by the University.
This writ petition is ordered accordingly.
Sd/-
Anu Sivaraman, Judge
sj
W.P.(C).No.28043/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED BY THE
2ND RESPONDENT BERING NO. U.O. NO.
150/2016/PB DATED 29.03.2016.
EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE
2ND RESPONDENT BEARING NO. U.O. NO.
1095/2019/PB DATED 30.09.2019.
EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE
2ND RESPONDENT BEARING NO. U.O. NO.
1285/2019/PB DATED 02.11.2019.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY 9TH PETITIONER TO THE 2ND
RESPONDENT DATED 7.12.2020.
EXHIBIT P5 TRUE COPY OF THE KERALA GAZETTE BEARING
NO. 2891/ACI/GENA2/KUHS/2017 DATED
12.05.2017 ALONG WITH RELEVANT PAGES OF
ACADEMIC REGULATIONS OF HE 3RD
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER ISSUED BUY THE
2ND RESPONDENT BEARING NO U.O. NO
85/2019/PB DATED 4.2.2019
EXHIBIT P7 TRUE COPY OF THE ORDER ISSUED BY THE
2ND RESPONDENT BEARING NO U.O. NO
1178/2020/PB DATED 2.12.2020
EXHIBIT P8 TRUE COPY OF THE ORDER ISSUED BY THE
2ND RESPONDENT BEARING NO 10869/SSE-
ASST-2/2019/PB DATED 21.12.2020
True copy
PS to Judge
