Kerala High Court
Dr.Shathriya K vs State Of Kerala on 15 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.26827 OF 2020(C)
PETITIONER:
DR.SHATHRIYA K.
AGED 31 YEARS
D/O.SURESH KUMAR, KOODATHINGAL HOUSE, CHEVAYUR,
KOZHIKODE-673017, STUDENT OF MDS 2017 BATCH, MALABAR
DENTAL COLLEGE AND RESEARCH CENTRE, EDAPPAL-679582,
HAVING UNIVERSITY REGISTRATION NO.172450057.
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, PIN-695001.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
THRISSUR, PIN-680596.
3 THE BOARD OF ADJUDICATION FOR STUDENTS GRIEVANCES,
THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
COLLEGE P.O., TRICHUR, PIN-680596, REPRESENTED BY ITS
CHAIRMAN.
4 DENTAL COUNCIL OF INDIA,
AIWAN-E-GALIB MARG, KOTLA ROAD, NEW DELHI, PIN-
110002, REPRESENTED BY ITS SECRETARY.
R2-3 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
R4 BY ADV. SRI.M.P.PRAKASH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, ALONG WITH WP(C).26503/2020(K), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.26827 & 26503 OF 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.26503 OF 2020(K)
PETITIONER:
DR. DEEPU RAVINDRAN,
AGED 29 YEARS, S/O. K. RAVINDRAN, RESIDING AT
PALAZHI, TC 31/506 (4) YMA ROAD, CHACKAI,
PETTAH P.O. TRIVANDRUM 695 024, STUDENT OF MDS
2017 BATCH, KANNUR DENTAL COLLEGE, KANNUR 67,
HAVING UNIVERSITY REGISTRATION NO. 172410013.
BY ADVS.
SRI.T.R.JERRY SEBASTIAN
SRI.JOHNSON JOSE PANJIKKARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY T GOVERNMENT, HEALTH
AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE,
P.O. THRISSUR 680 596.
3 THE BOARD OF ADJUDICATION FOR STUDENTS
GRIEVANCES, THE KERALA UNIVERSITY F HEALTH
SCIENCES, MEDICAL COLLEGE P.O. TRICHUR 680 596,
REPRESENTED BY ITS CHAIRMAN,
4 DENTAL COUNCIL OF INDIA,
AIWAN E GALIB MARG, KOTLA ROAD, NEW DELHI,
110002, REPRESENTED BY ITS SECRETARY.
R2-3 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY
OF HEALTH SCIENCES
R4 BY SRI.PRAKASH M.P., SC, DENTAL COUNCIL OF
INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.01.2021, ALONG WITH WP(C).26827/2020(C),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.26827 & 26503 OF 2020
3
JUDGMENT
[ WP(C).26827/2020, WP(C).26503/2020 ]
Dated this the 15th day of January 2021
These writ petitions are filed seeking directions to the
respondents to either award grace marks to the petitioners
or to revalue their answer scripts.
2. Heard the learned counsel appearing for the
petitioners and the learned Standing Counsel appearing for
the Dental Council.
3. Extensive pleadings have been placed on both
sides. The issue is with regard to award of marks in a Post
Graduate Degree Examinations. I am of the firm view that
this Court should not pass any orders interfering with the
process of valuation or assessment of marks especially in
view of the fact that petitioners are Post Graduate students
in a Dental college. However, after arguing on merits for
quite sometime, the learned counsel for the petitioner
submits that representations have been preferred before the
WP(C).Nos.26827 & 26503 OF 2020
Board of Adjudication for Students Grievances and that if no
orders have been thereon, the same may be considered in
accordance with law.
4. Without expressing any view on the merits of the
matter, these writ petitions are disposed of directing that in
case no orders have been passed on the representations
preferred by the petitioners before the Board of Adjudication
for Students Grievances, such representations shall be taken
up and appropriate orders shall be passed thereon without
delay.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/16.01.2021
WP(C).Nos.26827 & 26503 OF 2020
APPENDIX OF WP(C) 26827/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MDS PART II REGULAR
EXAMINATIONS RESULT REG.NO.172450057
DATED 05.11.2020.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF
ACADEMIC REGULATIONS AND MDS COURSE
REGULATIONS 2016 OF THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF MDS
COURSE REGULATIONS 2010 OF THE 2ND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE MDS COURSE
REGULATIONS, 2007 OF DENTAL COUNCIL OF
INDIA.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SENT TO
THE 3RD RESPONDENT DATED 21.11.2020.
EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED
BY POSTAL DEPARTMENT.
EXHIBIT P7 TRUE COPY OF THE SCORE CARD CONTAINING
THE MARKS OF PETITIONER
EXHIBIT P8 TRUE COPY OF THE LETTER DATED
29/12/2020 ISSUED BY THE HOD
ORTHODONTICS AND DENTOFACIAL
ORTHOPAEDICS TO BOARD OF ADJUDICATION
EXHIBIT P9 TRUE COPY OF THE LETTER DATED
29/12/2020 ISSUED BY THE READER
-ORTHODONTICS AND DENTOFACIAL
ORTHOPAEDICS TO BOARD OF ADJUDICATION
WP(C).Nos.26827 & 26503 OF 2020
APPENDIX OF WP(C) 26503/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MDS PART II REGULAR
EXAMINATIONS RESULT BEARING REG NO.
172410013 DATED 05.11.2020.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF
ACADEMIC REGULATIONS AND MDS COURSE
REGULATIONS 2016 OF THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF MDS
COURSE REGULATIONS 2010 OF THE 2ND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE MDS COURSE
REGULATIONS, 2007 OF DENTAL COUNCIL OF
INDIA.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SENT TO
THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED
BY POSTAL DEPARTMENT.
EXHIBIT P7 TRUE COPY OF THE SCORE CARD CONTAINING
THE MARKS OF PETITIONER
