Akhil Raj P vs Kerala University Of Health ...
2021 Latest Caselaw 13948 Ker

WP(C) NO. 11357 OF 2021
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                          WP(C) NO. 11357 OF 2021
PETITIONER:

          AKHIL RAJ P.,
          AGED 26 YEARS
          S/O. RAJAN.P., PERIYAL HOUSE, KINANOOR P.O. PARAPPA,
          KASARAGOD DISTRICT, 671 533. REG.NO. 183140027.

         BY ADVS.
         B.S.SIVAJI (S-484)-22139
         DHANYA SREENIVASAN



RESPONDENTS:

    1      KERALA UNIVERSITY OF HEALTH SCIENCES
           REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU,
           THRISSUR 680 596.

    2      SCHOOL OF MEDICAL EDUCATION (CAPS)
           GANDHINAGAR,KOTTAYAM DISTRICT 680008,
           REPRESENTED BY ITS DIRECTOR.

   BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
   SCIENCES


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11357 OF 2021
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                                JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) To issue a writ of mandamus, order or direction, directing the 1st respondent to permit the petitioner appear for the Master of Public Health (MPH) Part-II Degree Regular Examination April, 2021 .

(2) To issue a writ of mandamus, order or direction, directing the 1st respondent to permit the petitioner to upload the "Thesis" of MPH Degree Course.

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondent University.

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

petitioner is a student of the Master of Public Health (MPH) course of

the 2nd respondent institution, which is affiliated to the 1 st respondent

University. It is submitted that the First Year Degree Supplementary

Examinations have not been conducted by the University due to the

pandemic situation. It is submitted that the petitioner was, therefore,

unable to participate in the MPH Part-II Examination. The learned

counsel for the petitioner submits that the Second Year Examinations

have now been conducted and that the only prayer that the petitioner WP(C) NO. 11357 OF 2021

can press at the present time is for a conduct of the First Year

Supplementary Examinations and the further examinations without

delay.

4. It is submitted by the learned Standing Counsel appearing for

the 1st respondent that it was only due to the pandemic situation that

there was delay in conducting the examinations. With regard to the

Second Year Examinations, it is submitted that the petitioner had not

completed the project and uploaded the Thesis of the Second Year and

the petitioner could not have attempted the Second Year Examinations.

It is contended that with regard to the conduct of the First Year

Examinations, priority is being given to conduct of Final Year

Examinations and that as soon as the Final Year Examinations are over,

the First year and Supplementary Examinations will also be conducted

without delay.

In view of the pandemic situation prevailing in the State, I am of

the opinion that this Court cannot insist on the respondents furnishing

specific dates for the conduct of the examinations. There will, WP(C) NO. 11357 OF 2021

accordingly, be a direction to the respondents to take earnest efforts to

see that the examinations including the First Year Regular and

Supplementary Examinations are conducted and completed without

delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 11357 OF 2021

APPENDIX

PETITIONER ANNEXURE

Exhibit P1 A TRUE COPY OF THE EXAMINATION RESULT DATED 12/03/2021 OF THE PETITIONER IN THE MPH PART-I DEGREE SUPPLEMENTARY EXAMINATION

Exhibit P2 A TRUE COPY OF THE THEORY EXAMINATION TIME TABLE DATED 15/05/2021 ISSUED BY THE 1ST RESPONDENT