Jobi C. Varghese vs Kerala University Of Health ...
2021 Latest Caselaw 6827 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                        WP(C).No.2338 OF 2021(N)


PETITIONER:

                JOBI C. VARGHESE
                AGED 21 YEARS
                S/O. M.V.CHARLY, MUKALUVILA PUTHEN VEEDU, CHERUVAKKAL
                P.O., AYOOR, KOLLAM, KERALA-691 533.

                BY ADVS.
                SRI.SANTHOSH MATHEW
                SRI.ARUN THOMAS
                SRI.JENNIS STEPHEN
                SRI.VIJAY V. PAUL
                SMT.KARTHIKA MARIA
                SMT.VEENA RAVEENDRAN
                SRI.ANIL SEBASTIAN PULICKEL
                SMT.DIVYA SARA GEORGE
                SMT.JAISY ELZA JOE

RESPONDENT/S:

      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         CONTROLLER OF EXAMINATIONS
                KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE
                P.O., THRISSUR, KERALA-680 596.

      4         THE BOARD OF ADJUDICATION OF STUDENTS' GRIEVANCES
                KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE
                P.O., THRISSUR, KERALA-680 596. REPRESENTED BY ITS
                CHAIRMAN (PRO-VICE CHANCELLOR).

      5         THE GOVERNING COUNCIL
                KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE
                P.O., THRISSUR, KERALA-680 596. REPRESENTED BY ITS
                CHAIRMAN.

      6         DEAN-STUDENT AFFAIRS
 WP(C).No.2338 OF 2021

                                2

             OFFICE OF THE DEAN-STUDENT AFFAIRS, KERALA
             UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE
             P.O., THRISSUR, KERALA-680 596.

      7      PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCES AND
             RESEARCH CENTRE
             THIRUVALLA, NEAR PVT BUS STAND, THIRUVALLA-689 101
             REPRESENTED BY ITS PRINCIPAL.

ADDL. 8Th    THE PRO-VICE CHANCELLOR,
RESPONDENT   CHAIRMAN, BOARD OF ADJUDICATION OF STUDENTS'
             GRIEVANCES,
             KERALA UNIVERSITY OF HEALTH SCIENCES,
             MEDICAL COLLEGE P.O.,
             THRISSUR, KERALA - 680596
             [ADDL. 8TH RESPONDENT IS IMPLEADED AS PER I.A.
             NO.1/2020 IN WP(C) NO.2338/2021 AS PER ORDER DATED
             26.02.2021]


             P. SREEKUMAR SC KUHAS. , SHRI TONNY GEORGE
             KANNANTHANAM SC FO RPUSHPAGIRI MEDICAL COLLEGE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2338 OF 2021

                                 3




                           JUDGMENT

Dated this the 26th day of February 2021

This writ petition is filed seeking the following reliefs:-

(i) Issue a writ of mandamus or any other appropriate writ, order or direction declaring Point A(5) of Chapter VII of the Examination Manual of the 1st respondent as contrary to law in so far as it restricts the benefit of a third valuation to cases where the difference between the marks awarded in two different valuations is more than 15%.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to conduct a fresh valuation of the petitioner's Anatomy Paper II in the First Professional MBBS Degree Supplementary Examinations (2018 Admission) and to calculate the marks obtained by the petitioner by taking the average of the best two sets of marks and to publish the petitioner's results within a time period to be fixed by this Hon'ble Court so as to enable the petitioner to continue the MBBS course as a part of the 2018 Additional Batch of the 7th respondent institution.

(iii) In the alternative, issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to conduct a fresh valuation of the petitioner's answer to Question No.1 of Anatomy Paper II in the First Professional MBBS Degree WP(C).No.2338 OF 2021

Supplementary Examinations (2018 Admission) and to calculate the marks obtained by the petitioner by taking the average of the best two sets of marks and to publish the petitioner's results within a time period to be fixed by this Hon'ble Court so as to enable the petitioner to continue the MBBS course as a part of the 2018 Additional Batch of the 7th respondent institution.

2. Heard the learned counsel for the petitioner and the

learned standing counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the Board of Adjudication of Students' Grievances had found

that there was an irregularity in the conduct of the valuation of

the Anatomy Paper II of the petitioner in the First Professional

MBBS Degree course. However, the Board had only directed a

"relook" by the same evaluator.

4. It is submitted by the learned counsel for the petitioner

that Ext.P16 representation has, therefore, been preferred by the

petitioner before the Pro-Vice Chancellor, who is the Chairman of

the Board of Adjudication seeking a reconsideration of the issue

and a direction for a full revaluation of the answer script.

5. In view of the fact that there is extreme urgency in the WP(C).No.2338 OF 2021

situation, since the student will be disabled from continuing his

studies in the Second Professional MBBS Degree course, I am of

the opinion that the issue is liable to be considered at the earliest

by the additional 8th respondent. There will, accordingly, be a

direction to the additional 8th respondent to immediately take up

Ext.P16 representation preferred by the petitioner and to pass

orders thereon at the earliest, at any rate, within ten days from

the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE

ssa WP(C).No.2338 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITIONER'S EXAMINATION RESULTS FOR THE 'FIRST PROFESSIONAL MBBS DEGREE REGULAR EXAMINATIONS (2018 ADMISSION)'.

EXHIBIT P2 TRUE COPY OF CHAPTER VII OF THE EXAMINATION MANUAL OF THE IST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE PETITIONER'S EXAMINATION RESULTS FOR THE 'FIRST PROFESSIONAL MBBS DEGREE SUPPLEMENTARY EXAMINATIONS (2018 ADMISSION)'.

EXHIBIT P4 TRUE COPY OF THE PETITIONER'S SCORE SHEET FOR THE ANATOMY PAPER I.

EXHIBIT P5 TRUE COPY OF THE PETITIONER'S SCORE SHEET FOR THE ANATOMY PAPER II.

EXHIBIT P6 TRUE COPY OF THE QUESTION PEPER OF ANATOMY PAPER II.

EXHIBIT P7 TRUE COPY OF THE RELEVANT PORTION OF THE ANSWER BOOK OF THE PETITIONER IN WHICH HE HAS ANSWERED QUESTION NO.1 OF ANATOMY PAPER II.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE EMAIL DATED 20.9.2020 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 6.11.2020 ISSUED BY THE IST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE PETITIONER'S RESULTS FOR THE ANATOMY SUBJECT PUBLISHED ON 18.1.2021.

EXHIBIT P12 TRUE COPY OF THE RELEVANT PORTION OF THE ACADEMIC REGULATIONS OF THE IST RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 27.3.2019 WP(C).No.2338 OF 2021

IN WPC NO.823 OF 2019 OF THIS HON'BLE COURT.

EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 16.11.2018 IN WPC NO.32454 OF 2018 OF THIS HON'BLE COURT.

EXHIBIT P15 TRUE COPY OF THE RELEVANT PORTION OF THE IST RESPONDENT'S EXAMINATION MANUAL, CONTAINING POINT A (5) OF CHAPTER IV.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 23/02/2021 SUBMITTED BY THE PETITIONER TO THE PRO VICE CHANCELLOR OF THE 1ST RESPONDENT UNIVERSITY.