Varun Krishnan S vs Kerala University Of Health ...
2021 Latest Caselaw 507 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                        WP(C).No.342 OF 2021(P)


PETITIONER:

               VARUN KRISHNAN S.,
               AGED 23 YEARS
               S/O. SAJITH V.K, MBBS (2016) STUDENT (REGISTER NUMBER
               160010095),
               GOVERNMENT MEDICAL COLLEGE, KANNUR, (FORMERLY KNOWN
               AS ACADEMY OF MEDICAL SCIENCE, PARIYARAM), PARIYARAM
               MEDICAL COLLEGE P.O. KANNUR 670 503, RESIDING AT
               KRISHNA (H) , 7/193E, LAKE VIEW GARDENS, PALLIMATTOM,
               EROOR P.O. TRIPUNITHURA, ERNAKULAM, 682 306.

               BY ADVS.
               SRI.DEEPU LAL MOHAN
               SRI.MURALI PURUSHOTHAMAN

RESPONDENTS:

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

      2        THE VICE CHANCELLOR,
               KERALA UNIVERSITY OF HEALTH SCIENCES,
               MEDICAL COLLEGE P.O. THRISSUR 680 596.

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

      4        MALPRACTICES AND LAPSES ENQUIRY COMMITTEE,
               KERALA UNIVERSITY OF HEALTH SCIENCES,
               MEDICAL COLLEGE P.O. THRISSUR 680 596.
               REPRESENTED BY ITS CHAIRMAN.

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

      6        GOVERNEMNT MEDICAL COLLEGE , KANNUR,
               (FORMERLY KNOWN AS ACADEMY OF MEDICAL SCIENCES,
               PARIYARAM),
 WP(C).No.342 OF 2021(P)

                              2

              PARIYARAM MEDICAL COLLEGE P.O. KANNUR 670 503,
              REPRESENTED BY ITS PRINCIPAL.

       7      THE PRINCIPAL,
              GOVERNMENT MEDICAL COLLEGE, KANNUR, (FORMERLY KNOWN
              AS ACADEMY OF MEDICAL SCIENCES, PARIYARAM, )
              PARIYARAM, MEDICAL COCKLE P.O. KANNUR 670 503.

              R1-5 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
              HEALTH SCIENCES


              GP- SRI. UNNIKRISHNA KAIMAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.342 OF 2021(P)

                                      3




                                 JUDGMENT

Dated this the 7th day of January 2021

This writ petition is filed seeking the following prayers:

i) To call for the records leading to Ext.P6 and quash the same to the extent it imposes punishment on the petitioner.

ii) To declare the action of the respondents in imposing Ext.P6 punishment on the petitioner as illegal and invalid.

iii) To issue a writ of mandamus or other appropriate writ, order or direction directing the 5th respondent to forthwith publish the result of the second professional MBBS Degree examinations, February, 2020 written by the petitioner.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent-University.

3. It is submitted that the petitioner, who is a 2016 batch

MBBS student in the 6th respondent- College, had appeared for

the Second Professional MBBS examination held on 10.03.2020.

A mobile phone was seized from him by the invigilator. It is

submitted that though the petitioner had submitted his WP(C).No.342 OF 2021(P)

explanations before the authorities and had specifically stated

that it was completely out of oversight that he had forgotten to

leave the mobile phone outside, the maximum punishment, that

is debarring for the present and one further chance in the

examination had been imposed on him by Ext.P6. The learned

counsel for the petitioner submits that the only allegation

against him was that the cellphone was seized from him and

that even the candidates who were found copying have been

inflicted with a lesser punishment by Ext.P6. It is contended that

the supplementary examination is due to be held on 20.01.2021

and that the last date for registration is on 09.01.2021. It is

therefore contended that in view of the fact that there is no

allegation that the petitioner was found to be copying in the

examination, the respondents ought to permit the petitioner to

at least appear in the supplementary examinations and to

provisionally permit the petitioner to register for the same.

4. The learned Standing Counsel for the University submits

that the petitioner, being a 2016 batch student, was well aware

of the interdiction against carrying mobile phones into the WP(C).No.342 OF 2021(P)

examination halls and that Ext.P7 examination guidelines

specifically provide the punishment of barring of the current

and one further chance for being in possession of mobile phones

in the examination halls. It is contended that the petitioner,

who was admittedly in possession of a mobile phone cannot

contend that the penalty inflicted on him is too harsh.

5. Having considered the contentions advanced on either

side, I am of the opinion that this Court may not be justified in

interfering with a penalty imposed for a malpractice in an

examination. The factual aspects of the matter cannot be

considered by this Court exercising jurisdiction under Article

226 of the Constitution of India. In case the petitioner has a

grievance with regard to the penalty inflicted on him by Ext.P6,

it is for the petitioner to seek a review of the penalty before the

Governing Council of the University.

In the above view of the matter, in case the petitioner

approaches the 3rd respondent seeking a review of the penalty

imposed by Ext.P6, the 3rd respondent shall take a decision on

the matter without further delay. The issue will be considered at WP(C).No.342 OF 2021(P)

the next meeting of the Governing Council and in case the

Governing Council decides to reduce the penalty imposed, the

petitioner shall be given a chance to appear in the examination

being conducted later this month.

With these directions, this writ petition is disposed of.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.342 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE PRINTOUT OF E-MAIL DATED 18.08.2020 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT TO THE 7TH RESPONDENT AND MADE AVAILABLE TO THE PETITIONER FROM THE OFFICE OF THE 6TH RESPONDENT.

EXHIBIT P2 THE PRINTOUT OF E-MAIL DATED 20.08.2020 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT TO THE 7TH RESPONDENT AND MADE AVAILABLE TO THE PETITIONER FROM THE OFFICE OF THE 6TH RESPONDENT.

EXHIBIT P3 THE PHOTOCOPY OF LETTER DATED 21.08.2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P4 THE PHOTOCOPY OF LETTER DATED 24.08.2020 ADDRESSED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P5 THE PRINTOUT OF EMAIL DATED 07.12.2020 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT TO THE 7TH RESPONDENT AND MADE AVAILABLE TO THE PETITIONER FROM THE OFFICE OF THE 6TH RESPONDENT.

EXHIBIT P6 THE PRINT OUT OF U.O. NO. 91/2020/EXAM GENERAL DATED 04.11.2020 ATTACHED ALONG WITH EXT. P5 E-MAIL AND MADE AVAILABLE TO THE PETITIONER FROM THE OFFICE OF THE 6TH RESPONDENT.

EXHIBIT P7 THE PHOTOCOPY OF RELEVANT CLAUSES OF CHAPTER II AND CHAPTER XII OF KERALA UNIVERSITY OF HEALTH SCIENCES EXAMINATION MANUAL, 2018.

EXHIBIT P8 THE PHOTOCOPY OF REPRESENTATION DATED 08.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (THROUGH THE 7TH RESPONDENT).

EXHIBIT P9 THE PHOTOCOPY OF NOTIFICATION NO.

2020/22365/1/BI/EX.MED DATED 16.12.2020 ISSUED BY THE 1ST RESPONDENT.