Dr. Nanma Surendran vs Kerala University Of Health ...
2021 Latest Caselaw 14219 Ker

WP(C) NO. 12861 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                          WP(C) NO. 12861 OF 2021
PETITIONER:

              DR. NANMA SURENDRAN
              AGED 29 YEARS
              W/O. ELDHOSE.C.A, RESIDING AT KATTAYYIL AVENUE,
              POTTAKUZHI CHURCH, NEAR ORIENTAL ESTATE,
              ELAMAKKARA, KOCHI, ERNAKULAM-682 025

              BY ADVS.
              MILLU DANDAPANI
              S.VISHNU


RESPONDENTS:

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

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

     3        MAR BASELIOS DENTAL COLLEGE,
              HOSPITAL ROAD, KOTHAMANGALAM, ERNAKULAM-686 691,
              REPRESENTED BY ITS PRINCIPAL

              SRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES
              SRI.KURIAN GEORGE KANNANTHANAM (SR.)(K-175)-16370
              TONY GEORGE KANNANTHANAM

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12861 OF 2021

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                                      JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) issue a writ, order or direction in the nature of mandamus directing the 3rd respondent to accept the examination fee and register the name of the petitioner for the examination to be held pursuant to Ext.P2 notification.

(ii) issue a writ, order or direction in the nature of mandamus directing the 3rd respondent to tabulate the attendance statement of the petitioner in accordance to the correct register and logbook and in accordance to the university norms.

(iii) issue a writ order or direction in the nature of declaration declaring that the petitioner has sufficient attendance to write the Examination to be held pursuant to Ext.P2

(iv) issue a writ order or direction in the nature of mandamus directing the 1st and 2nd respondents to permit the petitioner to write the examination."

2. Heard the learned counsel for the petitioner, the learned standing counsel

appearing for respondents 1 and 2 as well as the learned senior counsel

appearing for the 3rd respondent college.

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

petitioner is a 3rd year PG student in MDS Oral Medicine and Radiology in the 3 rd

respondent college. She belongs to the June, 2018 batch. It is submitted that she

had to avail maternity leave in the 1st academic year from March 2019 to May WP(C) NO. 12861 OF 2021

2019. She could not, therefore, attend the MDS Part I examination held in June,

2019. She cleared the examination conducted on 10.01.2020. It is stated that the

2nd academic year session of MDS Part I had commenced from June, 2019 and the

3rd academic year session commenced in June, 2020. It is therefore contended

that the petitioner, having completed the three year course, is eligible to appear

for the final year MDS Part II examination to be conducted by the University on

12.07.2021. It is further submitted that several working days were lost due to

Covid-19 and the online attendance of the petitioner has not been recorded.

4. A statement has been placed on record by respondents 1 and 2. It is stated

that the college had reported that the petitioner had acquired 80% attendance

in the 1st year only by October, 2019 and that she therefore could not participate

in the MDS Part I examination conducted in June, 2019. It is submitted that she

had appeared for the supplementary examinations held in January, 2020 and

had cleared the same. It is further submitted that the petitioner had to complete

the 2nd and 3rd years with 80% attendance respectively before she would be

eligible to take the Part II MDS examination. It is submitted that in view of the

fact that the 1st year course of the petitioner was extended, the petitioner would

not be eligible to take the Part II examination along with the 2018 batch and

that the petitioner would have to wait till the next examination to complete the WP(C) NO. 12861 OF 2021

course with the required attendance and thereafter write the next Part II

examination.

5. A reply affidavit has been placed on record by the petitioner. It is stated

therein that the petitioner had attended 142 days of classes during the 1 st

academic year, that is, from June 2018 to June 2019. It is stated that she would

be satisfying the requirement of 80% attendance in October. However, it is

stated that the petitioner would be eligible to continue to the 2 nd year along

with the 2018 June batch of MDS and that she would therefore only have to

complete the 80% attendance cumulatively. It is further contended that there

are several other students of the 2016 and 2017 batches who had availed

maternity leave but had been permitted to appear for the Part II examinations

along with their batchmates.

6. The learned senior counsel appearing for the 3rd respondent submits that

there was a change in the Regulations in the year 2018 and the Part I

examination after completion of 1st year has been made mandatory only by the

2018 Regulations. It is submitted that the students shown in the reply affidavit

filed by the petitioner belongs to the 2016 and 2017 batches who did not have to

appear for the separate Part I examination after completion of the 1 st year

course. It is submitted that in those cases, the concerned candidate had all WP(C) NO. 12861 OF 2021

satisfied the requirement of 80% attendance and had therefore been permitted

to appear for the examinations. It is submitted that they had not taken

prolonged leave and that the actual attendance details had been forwarded to

the University and they had been permitted to attend the examinations along

with their batchmates. However, in the petitioner's case, it is contended that

since she had admittedly availed leave for March, April and May 2019, the 1 st

year course was prolonged and therefore the relief claimed by the petitioner

cannot be granted.

7. The learned standing counsel appearing for the respondents would also

contend that it is only on completion of the 1 st academic year with 80%

attendance that the petitioner would be eligible to appear for the Part I

examinations and thereafter, only on satisfying 80% attendance, separately in

the 2nd and 3rd academic years, that she would be eligible to participate in the

Part II examinations. Since, admittedly, the petitioner had not satisfied the 80%

attendance separately in the 2nd and 3rd years, the petitioner cannot claim that

she is eligible to write the examinations along with her batchmates in July, 2021.

She will apparently have to wait for the next examination. In case she completes

the 80% attendance separately in the 2nd and 3rd academic years, she would be

eligible to write the next examination as and when it is conducted. WP(C) NO. 12861 OF 2021

8. Having considered the contentions advanced, I find that the contentions

raised by the respondents appear to be well founded. The petitioner had

completed her 1st year MDS course in October 2019 and had written the Part I

examination in January 2020. Even if it is reckoned that she was permitted to

start her second year course in October 2019, it is only after completing the 2 nd

and 3rd year with 80% attendance separately that she would be eligible to attend

the Part II examination. If that be so, the contention of the petitioner that she is

to be permitted to appear in the Part II Examinations along with her batchmates

cannot be accepted.

In the above view of the matter, the prayers sought for cannot be granted.

This writ petition is, therefore, dismissed.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 12861 OF 2021

APPENDIX OF WP(C) 12861/2021 PETITIONER'S/S EXHIBITS:

Exhibit P1 ILLUSTRATED TABLE OF ATTENDANCE OF THE PETITIONER FOR ACADEMIC YEAR 2018-19, 2019-20, 2020-21 FOR MDS PG PROGRAMME

Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 29.05.2021 BEARING NO.12999/2021/A2/EX-DENTAL/KUHS ISSUED BY THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.06.2021

Exhibit P4 POSTAL RECEIPT BEARING NO.RL677347566IN

Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.06.2021

Exhibit P6 POSTAL RECEIPT BEARING NO.RL677347416IN

RESPONDENT'S/S EXHIBITS: NIL