Niranjana C.A vs State Of Kerala
2021 Latest Caselaw 144 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                       WP(C).No.26059 OF 2020(F)


PETITIONER:

               NIRANJANA C.A.
               AGED 23 YEARS
               D/O.N.CHITHARANJAN, TC 14(1) 405,
               FRIENDS NAGAR, POONTHI ROAD,
               KUMARAPURAM, MEDICAL COLLEGE P.O.,
               TRIVANDRUM-695 011.

               BY ADVS.
               SMT.GIRIJA K GOPAL
               SMT.K.N.VIGY

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               HEALTH AND FAMILY WELFARE DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        DIRECTOR OF MEDICAL EDUCATION,
               DIRECTORATE OF MEDICAL EDUCATION,
               MEDICAL COLLEGE P.O.,
               THIRUVANANTHAPURAM-695 011.

      3        KERALA UNIVERSITY OF HEALTH SCIENCES,
               REPRESENTED BY ITS REGISTRAR,
               MEDICAL COLLEGE P.O.,
               THRISSUR-680 596.

      4        NATIONAL MEDICAL COMMISSIONER,
               REPRESENTED BY ITS SECRETARY,
               POCKET 14, SECTOR-8, DWARAKA PHASE 1,
               NEW DELHI-110 077.

      5        S.R.EDUCATIONAL AND CHARITABLE TRUST,
               VENNICODE P.O., CHIRAYINKEEZH TALUK,
               CHIRAYINKEEZH PANCHAYAT, AKHATHAMURI,
               THIRUVANANTHAPURAM-695 318,
               REPRESENTED BY ITS CHAIRMAN.
 WP(C).No.26059 OF 2020

                                2

       6      BELIEVERS CHURCH MEDICAL COLLEGE HOSPITAL,
              ST.THOMAS NAGAR, KUTTAPUZHA P.O., THIRUVALLA,
              PATHANAMTHTTA DISTRICT-689 103, REPRESENTED BY ITS
              REGISTRAR.

              SRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
              SCIENCES
              SRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA
              R6 BY ADV. SRI.C.S.AJITH PRAKASH
              R6 BY ADV. SRI.T.K.DEVARAJAN
              R6 BY ADV. SHRI.BABU M.
              R6 BY ADV. SMT.ANCY THANKACHAN
              R6 BY ADV. SHRI.NIDHIN RAJ VETTIKKADAN
              R6 BY ADV. SRI.HAARIS MOOSA
              R6 BY ADV. SMT.DEVYANI
              GP- SMT. NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26059 OF 2020

                                    3




                             JUDGMENT

This writ petition is filed challenging Exts.P13, P15 orders and

P22 minutes to the extend it requires the petitioner to continue her

studies in the 5th semester MBBS course in the 6th respondent's

college. Ext.P17 as well as Ext.P24 order to the extend it cancels the

registration of the petitioner for 2nd professional MBBS examination

conducted in February, 2020 is also under challenge.

2. Heard Smt.Girija K.Gopal, the learned counsel for the petitioner,

the learned counsel appearing for the Medical Council of India,

Sri.P.Sreekumar, the learned Standing Counsel for the University and

Sri.C.S. Ajith Prakash , the learned counsel appearing for the 6 th

respondent.

3. It is submitted that the petitioner had been directed to be

admitted in the 5th semester in the 6th respondent's college without

considering the specific directions contained in Ext.P11 common

judgment of this Court directing the consideration of individual

grievances. It is submitted that the petitioner herein was the writ

petitioner in W.P.(C).No.3676 of 2020 and W.P.(C).No.11640 of 2020 WP(C).No.26059 OF 2020

which were disposed of by Ext.P11. While disposing of the batch of

writ petitions, this Court had specifically directed the University to

take an appropriate decision with regard to declaration of results and

all consequential actions with regard to the students who

participated in the examinations in accordance with the interim

orders of this Court or otherwise and taking note of the ground

realities and the practicalities.

4. The learned counsel for the petitioner submits that she had

been admitted for the 2nd professional MBBS course in the 5th

respondent college in March, 2018. After July 2019, there were no

classes in the college and that the petitioner was not permitted to

attend the examinations of the 2nd professional MBBS conducted in

August 2019 on the ground that she did not have the required

attendance and had not passed the internal examination. The learned

counsel for the petitioner further submits that though request had

been made before the University, the details of the attendance or the

marks obtained in the internal examinations had not been made

available to the petitioner. Long thereafter, by Ext.P21, the petitioner

came to know that she had the required attendance in 3 of the 4 WP(C).No.26059 OF 2020

subjects and that the lack of attendance in Pathology was only in the

practicals, which the petitioner contends, was specifically an act of

victimization at the instance of the 5th respondent for having

approached this Court taking specific grounds that the 5 th respondent

lacked the infrastructure and facilities for conduct of the MBBS

course in the college. It is therefore contended that the specific

directions contained in Ext.P11 to consider the factual aspects of the

matter had not been complied with before Exts.P22 and P24 orders

were issued. It is submitted that the petitioner who had the required

attendance in all the theory classes and had been victimized in

respect of the attendance in the practical classes of Pathology alone

for the 2nd professional MBBS would be entitled to admission in the

6th semester if her case had been considered on its merits by the

University as directed in Ext.P11

5. The learned Standing Counsel appearing for the University

submits that the entire exercise with regard to reallocation of the

students had to be completed in a time bound manner and that the

details given by the 5th respondent had been relied on and

appropriate action had to be taken without loss of any time. It is WP(C).No.26059 OF 2020

further contended that the question with regard to the individual

grievance of the petitioner could not be considered in the above

circumstances.

6. Having considered the contentions advanced on all sides, I am

of the opinion that since the petitioner has raised a specific plea that

she did have the required attendance and eligibility for appearing for

examination conducted in 2019 as is evident from Ext.P21 and that

she has been victimized by the 5th respondent for having filed the writ

petitions before this Court, the issue with regard to the eligibility of

the petitioner for publishing the results of the exam conducted in

February 2020 and for attending the 6 th semester is liable to be

considered in accordance with law, taking note of the specific facts in

her case.

7. In the above view of the matter, there will be a direction to the

competent authority in the University to consider the request of the

petitioner for admission to the 6th semester of the MBBS course in the

6th respondent's college instead of the 5 th semester. Necessary shall be

done after hearing the petitioner and the 6th respondent, positively

within a period of three weeks from the date of receipt of a copy of WP(C).No.26059 OF 2020

this judgment. In the meanwhile, the petitioner shall be permitted to

appear for the 5th semester examination provisionally and subject to

the orders to be passed by the University as directed above. The

question with regard to the declaration of the results of the

examination taken by the petitioner in February 2020 pursuant to an

interim order of this Court shall also be considered by the

appropriate authority in the University.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.26059 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE REQUEST DATED 25.07.2019 SUBMITTED BY THE PETITIONERS FATHER TO THE UNIVERSITY.

EXHIBIT P2 A TRUE COPY OF THE REPLY DATED 29.08.2019.

EXHIBIT P3 A TRUE COPY OF THE DECISION TAKEN BY THE CENTRAL GOVERNMENT ON 27.12.2019.

EXHIBIT P4 A TRUE COPY OF GO(RT) 32/2020/H & FWD DATED 05.01.2020.

EXHIBIT P5 A TRUE COPY OF THE CONSOLIDATED ATTENDANCE SHEET AND DETAILS OF INTERNAL ASSESSMENT PRODUCED BY THE 5H RESPONDENT COLLEGE BEFORE THIS HON'BLE COURT IN WPC NO.2256/2020.

EXHIBIT P6 A TRUE COPY OF THE NOTIFICATION DATED 07.01.2020 ISSUED BY THE 5TH RESPONDENT UNIVERSITY NOTIFYING THE 2ND PROFESSIONAL MBBS DEGREE EXAMINATION (REGULAR AND SUPPLEMENTARY) EXAMINATION, FEBRUARY 2020 (2010 SCHEME).

EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 10.02.2020 PASSED BY THIS HON'BLE COURT IN WPC 3676/2020. ALONG TYPED COPY (RELEVANT PAGES ONLY).

EXHIBIT P8 A TRUE COPY OF THE ADDITIONAL STATEMENT FILED BY THE STANDING COUNSEL FOR THE KERALA UNIVERSITY OF HEALTH SCIENCES.

EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 17.02.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE ORDER NO.MCI-34(42) (GEN)/2019-MED/197697-699 DATED 04.03.2020 ISSUED BY THE MEDICAL COUNCIL OF INDIA.

WP(C).No.26059 OF 2020

EXHIBIT P11 A TRUE COPY OF THE JUDGMENT IN WPCV NO.3676 OF 2020 AND CONNECTED CASES DATED 08.07.2020.

EXHIBIT P12 A TRUE COPY OF CIRCULAR NO.B1/22/2020/DME DATED 18.08.2020.

EXHIBIT P13 A TRUE COPY OF GO(RT) NO.1509/2020/H & FWD DATED 17.08.2020.

EXHIBIT P14 A TRUE COPY OF THE PROVISIONAL ADMIT CARD DATED 24.08.2020 EVIDENCING PETITIONERS ADMISSION IN THE 6TH RESPONDENT COLLEGE.

EXHIBIT P15 A TRUE COPY OF THE LETTER NO.15592/2018/ACI MED/B3/KUHS DATED 15.07.2020 FORWARDED BY THE REGISTRAR OF KERALA UNIVERSITY OF HEALTH SCIENCES AND OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P16 A TRUE COPY OF THE COVERING LETTER DATED 25.08.2020.

EXHIBIT P17 A TRUE COPY OF THE COMMUNICATION DATED 06.08.2020 ISSUED BY THE UNIVERSITY TO THE PETITIONER.

EXHIBIT P18 A TRUE COPY OF THE REQUEST DATED 25.08.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P19 A TRUE COPY OF THE REQUEST DATED 26.08.2020 SUBMITTED BY THE PETITIONERS FATHER BEFORE THE UNIVERSITY.

EXHIBIT P20 A TRUE COPY OF THE REPLY DATED 06.10.2020.

EXHIBIT P21 A TRUE COPY OF THE INTERNAL MARKS AND ATTENDANCE UPLOADED BY THE 5TH RESPONDENT IN THE UNIVERSITY EXAM PORTAL.

EXHIBIT P22 A TRUE COPY OF THE MINUTES OF THE 27TH MEETING BOARD OF EXAMINATIONS.

WP(C).No.26059 OF 2020

EXHIBIT P23 A TRUE COPY OF THE COMMUNICATION DATED 08.10.2020 ISSUED BY THE UNIVERSITY TO THE PETITIONER IN RESPONSE TO EXT.P19 QUERY UNDER THE RTI ACT.

EXHIBIT P24 A TRUE COPY OF THE UO NO.61/2020/EXAM.GEN DATED 30.07.2020 ISSUED BY THE CONTROLLER OF EXAMINATIONS.

RESPONDENT'S/S EXHIBITS: NIL