Kerala High Court
Abdul Samad vs The Kerala University Of Health ... on 16 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
WP(C).No.5035 OF 2021(D)
PETITIONERS:
1 ABDUL SAMAD
AGED 22 YEARS
S/O. KUNHAMMAD, KUNNOTHARAMMAL HOUSE, THIRUVALLOOR
POST, VADAKARA, KOZHIKODE.
2 DHANUSH D.
AGED 22 YEARS
S/O. DINESH, SOUPARNIKA HOUSE, VATTAMPAR, KASARGOD.
3 MUHAMMED SALIH
AGED 24 YEARS
S/O. ABDUL SALAM, PARAPPALIKAYYIL HOUSE,
CHANIYAM KADAVU, VADAKARA, KOZHIKODE.
4 MARIYA POULOSE
AGED 22 YEARS
D/O. POULOSE, PUTHUSSERI HOUSE, MOOKKANNOOR POST,
ANGAMALI, ERNAKULAM.
5 AJMAL RASHEED
AGED 22 YEARS
S/O. RASHEED E., SHABI MANZIL,
CHITTILAMCHERY POST, PALAKKAD.
BY ADV. SRI.M.P.SREEKRISHNAN
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR, KERALA-680 596,
REPRESENTED BY ITS REGISTRAR.
2 THE VICE CHANCELLOR
KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE
P.O., THRISSUR, KERALA-680 596.
3 INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTER, PLOT NO.2, COMMUNITY CENTER,
OKHLA PHASE-1, NEW DELHI-110020.
R1-2 BY ADV. SHRI.P.SREEKUMAR
WP(C).No.5035 OF 2021
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5035 OF 2021
3
JUDGMENT
Dated this the 16th day of March 2021
This writ petition is filed seeking the following reliefs:-
(i) Direct the 1st respondent university to
conduct and publish result of the
examination for the 1st, 2nd and 3rd year
of B.Sc. Nursing on date prior to the
conduct of 4th year final examination or
in the alternative direct the 2 nd
respondent to relax the criteria that the
candidates appearing for the 4th year
examination should clear the 1st, 2nd and
3rd year examination, taking note of the
extra ordinary situation prevent in the
world.
(ii) Direct the 2nd respondent to consider
Exhibit P4 representation in accordance
with S.12(7) of Act 4 of 2011.
2. Heard the learned counsel for the petitioners and the
learned standing counsel appearing for the respondents.
3. It is submitted by the learned counsel for the petitioners
that the petitioners are final year students of the B.Sc. Nursing
course conducted by the respondent University. It is submitted
that going by the schedule of the examinations, examinations
WP(C).No.5035 OF 2021
were to be conducted during April 2020 and, thereafter, in
August/September, 2020. It is submitted that the students who
have backlog in the 1st, 2nd and 3rd year of the course are not
permitted to appear for the 4th year final examinations. It is
submitted that due to the pandemic, there was a delay in
conducting the regular and supplementary examinations in the
previous years and that the petitioners were, therefore, deprived
of an opportunity to write the supplementary examinations, which
ought to have been conducted in April, 2020 and
August/September, 2020. They have submitted Ext.P4 request
before the Vice Chancellor of the University seeking deferring of
their final examinations until they have one more opportunity to
attempt the supplementary examinations.
4. The learned counsel for the petitioners submits that
pursuant to Ext.P5 interim order rendered in respect of B.Pharm
students, Ext.P6 order had been issued by the Vice Chancellor,
permitting the petitioners to appear for the final year
WP(C).No.5035 OF 2021
examinations and to complete their supplementary examinations
and declare the results of both the examinations together. It is
submitted that pursuant to Ext. P5 order, Ext.P6 proceedings had
been issued permitting such a course of action in the case of
B.Pharm students. It is, therefore, contended that Ext.P4
representation may be considered in the light of Ext.P6 order and
similar benefit may be extended to the petitioners as well.
5. A statement has been placed on record by the 1 st and
2nd respondents. It is submitted that the pattern of examination
for the B.Sc. Nursing course permits two sets of examinations in
every year with a gap of six months. It is submitted that the
B.Sc. Nursing supplementary examinations, which were scheduled
to be held in March/April, 2020 could not be conducted because
of the pandemic but the said examinations were held in
September/October, 2020. It is stated that the results of those
examinations except of the 1st year have already been published.
It is stated that the results of the 1 st year examinations would also
WP(C).No.5035 OF 2021
be published before the 4th year examination which is scheduled
to commence on 20.04.2021. It is stated that the examinations
which were scheduled to commence on 20.04.2021 is the regular
4th year B.Sc. Nursing examination and along with the regular
students, those who failed in 4 th year B.Sc. examinations held in
September, 2020 and those students who have cleared the
required papers in the examinations held in September/October,
2020 will also be permitted to appear. It is stated that as far as
the petitioners are concerned, they could not clear the back
papers through the previous examinations even though
supplementary examinations were conducted in
September/October, 2020. It is stated that if the petitioners'
claims are accepted, the regular students who have to appear in
the final year examination will have to wait for a further period
of six months. It is stated that the petitioners had not lost any
opportunity and that it is not possible to conduct the
supplementary examinations and to publish the results before the
WP(C).No.5035 OF 2021
scheduled examinations of the 4th year.
6. I have considered the contentions advanced on either
side. I notice that Ext.P4 representation has been preferred before
the Vice Chancellor. The request in Ext.P4 is that the petitioners
may be permitted to appear for both the supplementary
examinations and the final year examinations being conducted in
April, 2020. The petitioners pray that their results in the final
examinations be withheld till the results of the supplementary
examinations are announced, so that, in case, they are successful
in supplementary examinations, their final year results can also be
declared and they would thus be enabled to complete the course
without further loss of time.
7. Having considered the contentions advanced, I am of
the opinion that it is for the University to take an appropriate
decision on Ext.P4 representation submitted by the petitioners.
8. Ext.P4 shall, therefore, be taken up by the 2 nd
respondent and appropriate decision shall be taken, taking note of
WP(C).No.5035 OF 2021
Ext. P6, as also the realities of the unprecedented situation which
was prevalent in the country for the past more than a year due to
the Covid pandemic. Orders shall be passed within a period of
two weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
ssa
WP(C).No.5035 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE DECISION OF THE ACADEMIC
COUNCIL OF THE IST RESPONDENT UNIVERSITY,
DATED 30.9.2020.
EXHIBIT P2 A TRUE COPY OF THE GUIDELINES, DATED
14.5.2020.
EXHIBIT P3 A TRUE COPY OF THE GUIDELINES, DATED
10.7.2020.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED
NIL.
EXHIBIT P5 A TRUE COPY OF THE INTERIM ORDER, DATED
16.10.2020 IN WPC 21623 OF 2020.
EXHIBIT P6 A TRUE COPY OF THE ORDER, DATED 30.10.2020.
EXHIBIT P7 A TRUE COPY OF THE ORDER, DATED 15.12.2020
IN WPC 21623 OF 2020.
EXHIBIT P8 A TRUE COPY OF THE ORDER, DATED 6.6.2018.
True copy
PA to Judge
