Arathi Sreevalsalan vs Union Of India
2021 Latest Caselaw 5848 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                        WP(C).No.1961 OF 2021(U)


PETITIONER/S:

      1         ARATHI SREEVALSALAN
                AGED 23 YEARS
                D/O. SREEVALSALAN, 'SREENIDHI, GREEN PARK AVENUE,
                AYYANTHOLE, THRISSUR DISTRICT - 680 001.

      2         MISHA RAVI
                AGED 20 YEARS
                D/O. RAVI M., MANNAMKUNNATH HOUSE, THOTTAKARA P. O.,
                OTTAPPALAM, PALAKKAD, PIN - 679102.

      3         MYTHREYI NAIR A. G.
                AGED 20 YEARS
                D/O. AJITH KUMAR K. G., GOVINDA NIVAS, MUTHOOR P. O.,
                THIRUVALLA - 689 111.

      4         MUHAMMED NIZAM JAFAR K.
                AGED 20 YEARS
                S/O. JAFFER K. M., BAITHUL MARYAM, VADAKARA P. O.,
                CALICUT - 673101.

      5         DHANYA PANKAJAKSHAN
                AGED 20 YEARS
                D/O. PANKAJAKSHAN THADATHIL, FLAT 66, PLATINUM PRIDE
                APARTMENT, ELAMAKARA, ERNAKULAM - 682026.

      6         FATHIMA NAZEER
                AGED 20 YEARS
                D/O. SUMAYYA NAZEER, KHIZADAYIL HOUSE, IRIMBALASSERY,
                NELLAYA P. O., PALAKKAD, PIN - 679335.

      7         ASHWATHI BALAN
                AGED 20 YEARS
                D/O. BALAN K., KRISHNALAYAM, KOLAYOD P. O.,
                CHITTARIPARAMBA, KANNUR - 670650.

      8         FATHIMA SHAHANA SHERIN
                AGED 22 YEARS
                D/O. MUHAMMED RAFEEQ K. P., KALIPARAMBIL HOUSE,
                PATTAMBI ROAD, PERINTHALMANNA P. O., MALAPPURAM -
                679322.
 WP(C).No.1961 OF 2021(U)

                                    2

                BY ADV. SRI.RAJIT

RESPONDENT/S:

       1        UNION OF INDIA
                REPRESENTED BY THE SECRETARY, MINISTRY OF LAW AND
                JUSTICE, NEW DELHI - 110 001.

       2        STATE OF KERALA
                REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH,
                THIRUVANANTHAPURAM - 695 001.

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

       4        MEDICAL COUNCIL OF INDIA
                POCKET - 14, SECTOR - 8, DWARKA PHASE -1, NEW DELHI
                - 110077, REPRESENTED BY ITS SECRETARY.

       5        THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
                THIRUVANANTHAPURAM, KERALA.

       6        KERALA MEDICAL COLLEGE
                MANGODE, CHERUPALASSERY, PALAKKAD - 697503,
                REPRESENTED BY THE CHAIRMAN.

       7        MALABAR MEDICAL COLLEGE HOSPITAL AND RESEARCH
                CENTER
                ULLIYERI, KOZHIKODE - 673 323, REPRESENTED BY ITS
                CHAIRMAN.

       8        SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES
                CHALAKKA, NORTH KUTHIYATHODU P. O., ATHANI, NORTH
                PARAVOOR ROAD, ERNAKULAM DISTRICT - 683 594,
                REPRESENTED BY ITS CHAIRMAN.

       9        SUT ACADEMY OF MEDICAL SCIENCES
                VENCODE P. O., VATTAPPARA, THIRUVANANTHAPURAM - 695
                028, REPRESENTED BY ITS CHAIRMAN.

       10       DR. SOMMERWELL MEMORIAL CSI MEDICAL COLLEGE
                KARAKONNAM, THIRUVANANTHAPURAM, PIN - 695 504,
                REPRESENTED BY ITS MANAGER.

                R1 BY ADV. SRI.A.K.HARIDAS
                R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
                R3 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
 WP(C).No.1961 OF 2021(U)

                                 3

              HEALTH SCIENCES
              R4 BY ADV. SRI.TITUS MANI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1961 OF 2021(U)

                                          4




                                  JUDGMENT

Dated this the 18th day of February 2021

This writ petition is filed seeking the following reliefs:

"i. issue a writ or mandamus or any other appropriate writ order or direction commanding the respondents 1 to 5 to permit the petitioners to upload their particulars in the online portal and permit the petitioners to take part in the examination to the IInd year MBBS course in February, 2021.

ii. Issue a writ of mandamus or any to other appropriate writ order or direction commanding the 3 rd respondent to implement Ext.P2, and enable the petitioners to take part in the IInd year MBBS course scheduled to be held in February 2021."

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for the University.

3. The petitioners, who were originally students of the 6 th

respondent College were reallocated pursuant to directions of this

Court to respondents 7 to 10 Colleges. They contend that they had

been permitted to attend the IInd professional MBBS course along WP(C).No.1961 OF 2021(U)

with the 2017 additional batch in the respective Colleges and that

they are therefore eligible to write the II nd professional MBBS

examinations which were originally proposed to be conducted in

January, 2021 which has now been adjourned to February, 2021.

The contention is that the petitioners had been issued with Exts.P3

to P5 certificates by the respective Colleges stating that they have

appeared for classes in the IInd professional MBBS course and had

completed their IInd MBBS i.e, 3, 4, and 5 semesters and had

appeared for the internal examinations and final model

examinations and are qualified to appear for the examinations

which were originally scheduled to be held on 20.01.2021. It is

therefore contended that the refusal on the part of the University

to permit them to write the examinations is therefore

unsustainable.

4. A statement has been placed on record by the respondents.

It is specifically stated that the petitioners have approached this

Court on a misunderstanding that the examination now scheduled

to commence on 20.02.2021 is meant for the batch in which the

petitioners are continuing their studies. It is stated that the WP(C).No.1961 OF 2021(U)

examination now being held is meant for their senior batch and

the examinations were originally scheduled to be held in August-

September 2020. It is submitted that it is only due to the pandemic

and the restrictions imposed resultantly that the examinations

could not be conducted in August-September 2020 and that the

University was forced to reschedule the examinations initially to

January and thereafter, February 2021.

5. It is submitted by the learned Standing Counsel for the

University that the list appended to Ext.P1 judgment of this Court

would clearly show that the petitioners, who had been admitted in

the 7-10 respondent Colleges could have taken the II nd professional

MBBS examinations only in February 2021 as originally scheduled.

It is submitted by the learned Standing Counsel that the

examinations which were originally scheduled to be conducted in

February 2021 have not even been scheduled and will be scheduled

only after the completion of the laboratory and practical classes of

the IInd MBBS and after the declaration of the results of the present

examinations. It is submitted that the statement in Ext.P3, that the

petitioners were eligible to participate in the examinations starting WP(C).No.1961 OF 2021(U)

on 21.01.2021 is clearly against Ext.P1 judgment and that the said

certificate issued by the College cannot help the petitioners in any

way.

Having considered the contentions advanced, I find that the

petitioners had been reallotted to the 7th to 10th respondent

Colleges on the basis of the directions issued by this Court. Ext.P1

specifically directed that the respective students would be eligible

to appear in the IInd professional MBBS examinations on the basis

of the list which was annexed along with the judgment. The list

annexed along with the judgment showing the list of the colleges

and the batches to which the students would be allotted

specifically shows that the petitioners were allotted to the 7 th to

10th respondent Colleges and would be eligible to take the

examinations in February 2021. If that be so, in view of the

averments in the statement filed on behalf of the 3 rd respondent

that the examinations which were originally scheduled to be

conducted in February, 2021 have not even been announced so far,

the prayer made in this writ petition for permitting the petitioners

to attend the examination which is now to be conducted in WP(C).No.1961 OF 2021(U)

February, 2021 which is admittedly the postponed examinations

which originally ought to have been conducted in August-

September 2020 cannot be allowed. Exts.P3 to P5 certificates

produced by the petitioners cannot come to their aid in view of the

specific findings in Ext.P1 judgment and the list appended therein.

This writ petition fails and the same is, accordingly,

dismissed.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.1961 OF 2021(U)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ABOVE JUDGMENT DATED 23.07.2019 IN W.P.C NO.24826 OF THIS HON'BLE COURT.

EXHIBIT P2 A TRUE COPY OF THE ABOVE COMMUNICATION DATED 20.01.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 8TH RESPONDENT COLLEGE IN RESPECT OF THE 1ST AND 2ND PETITIONER.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 9TH RESPONDENT COLLEGE IN RESPECT OF PETITIONERS 3 TO 6.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 7TH RESPONDENT COLLEGE IN RESPECT OF THE 7TH PETITIONER.