Kerala High Court
Arathi Sreevalsalan vs Union Of India on 17 March, 2021
W.A. No. 419/2021 :1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
WA.No.419 OF 2021
AGAINST THE JUDGMENT DATED 17.03.2021 IN WP(C) 1961/2021(U) OF HIGH
COURT OF KERALA
APPELLANT/WRIT PETITIONERS:
1 ARATHI SREEVALSALAN,
AGED 23 YEARS
D/O.SREEVALSAN M.A., SREENIDHI, GREEN PARK AVENUE,
AYYANTHOLE, THRISSUR DISTRICT-680 001.
2 MISHA RAVI,
AGED 20 YEARS
D/O.RAVI.M, MANNAMKUNNATH HOUSE, THOTTAKARA P.O.,
OTTAPPALAM, PALAKKAD-679 102.
3 MYTHREYI NAIR A.G.,
AGED 20 YEARS
D/O.AJITH KUMAR K.G., GOVINDA NIVAS, MUTHOOR P.O.,
THIRUVALLA-689 111.
4 MUHAMMED NIZAM JAFAR K.,
AGED 20 YEARS
S/O.JAFFER K.M., BAITHUL MARYAM, VADAKARA P.O.,
CALICUT-673 101.
5 DHANYA PANKAJAKSHAM,
AGED 20 YEARS
D/O.PANKAJAKSHAN THADATHIL, FLAT 66, PLATINUM PRIDE
APARTMENT, ELAMAKKARA, ERNAKULAM-682 026.
6 FATHIMA NAZEER,
AGED 20 YEARS
D/O.SUMAYYA NAZEER, KHIZADAYIL HOUSE, IRIMBALASSERY,
NELLAYA P.O., PALAKKAD-679 335.
W.A. No. 419/2021 :2
7 ASHWATHI BALAN,
AGED 20 YEARS
D/O.BALAN K., KRISHNALAYAM KOLAYOD, P.O.CHITTARIPARAMBA,
KANNUR-670 650.
8 FATHIMA SHAHANA SHERIN,
AGED 22 YEARS
D/O.MUHAMMED RAFEEQ K.P., KALIPARAMBIL HOUSE, PATTAMBI
ROAD, PERINTHALMANNA P.O., MALAPPURAM-679 322.
BY ADVS.
SRI.C.P.MOHAMMED NIAS
SRI.S.AJITH (PALAKKAD)
SMT.V.NAMITHA
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF LAW AND JUSTICE,
NEW DELHI-110 001.
2 STATE OF KERALA,
REPRESENTED BY SECRETARY, MINISTRY OF HEALTH,
GOVT.SECRETARIATE, THIRUVANANTHAPURAM-695 001.
3 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
THRISSUR-680 596.
4 MEDICAL COUNCIL OF INDIA,
POCKET 14, SECTOR-8, DWARKA PHASE I, NEW DELHI-110 077.
5 COMMISSIONER FOR ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001.
6 KERALA MEDICAL COLLEGE,
MANGODE, CHERPULASSERY, PALAKKAD-679 503.
7 MALABAR MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTER,
ULLIYERI, KOZHIKODE-673 323.
8 SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES,
CHALAKKA, NORTH KUTHIYATHODU P.O., ATHANI, NORTH
PARAVOOR ROAD, ERNAKULAM DISTRICT-683 594.
9 SUT ACADEMY OF MEDICAL SCIENCES,
VENCODE P.O., VATTAPPARA, THIRUVANANTHAPURAM-695 028.
W.A. No. 419/2021 :3
10 DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE HOSPITAL,
KARAKONAM, NEYYATTINKARA P.O.,
THIRUVANANTHAPURAM-695 504.
R1 BY SRI.P.VIJAYAKUMAR ASG,
R2 BY SRI. TEK CHAND, SR. GOVERNMENT PLEADER
R3 BY SRI.P.SREEKUMAR, SC, KUHS,
R4 BY SRI.TITUS MANI, SC MCI
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A. No. 419/2021 :4
Dated this the 17th day of March, 2021.
JUDGMENT
SHAJI P. CHALY, J.
This appeal is filed by the petitioners in W.P.(C) No. 1961 of
2021 challenging the judgment dated 18.02.2021, whereby the
learned single Judge dismissed the writ petition holding that the
appellants, who were the students of the Kerala Medical College,
Palakkad, had been allotted to respondents 7 to 10 colleges on the
basis of the directions issued by this Court in Ext. P1 judgment.
2. In Ext. P1 judgment, it was specifically directed that the
respective students would be eligible to appear for the second
professional MBBS examinations on the basis of the list which was
annexed along with the judgment. Therefore, relying upon the
directions in Ext. P1 judgment that the examinations which were
originally scheduled to be conducted in February, 2021 were not
commenced so far and therefore, the prayer made in the writ petition
for permitting the appellants/writ petitioners to attend the examination
which is now to be conducted in February, 2021, which is admittedly
the postponed examinations which originally ought to have been
conducted in August-September, 2020 in February, 2021, cannot be
allowed. It is, thus, challenging the legality and correctness of the said
W.A. No. 419/2021 :5
judgment, this appeal is preferred by the writ petitioners.
3. The paramount contention advanced in the appeal is that the
learned single Judge was not right in disregarding Exts.P3 to P5
certificates issued by respondents 7 to 9 colleges, which would
categorically show that the appellants satisfy all the criteria imposed
by the University in Ext.P2 pertaining to the attendance and internal
assessment to appear for the second professional MBBS examinations.
It is also contended that the learned single Judge was not correct in
relying upon the statement made by the Kerala University of Health
Sciences--third respondent that the examination scheduled in
February, 2021 is made for their senior batch, which was to be held in
August-September, 2020 and not for the appellants. It is also
contended that the examination conducted by the University in
February, 2021 is the examination for the second professional MBBS
course for the students reallocated to the 5 th Semester course, subject
to them specifying the requisite cafeteria as to the attendance,
minimum internal marks and clinical postings etc.
4. It is the case of the appellants that the appellants have
complied with all the requirements that are to be satisfied, so far as
the 5th semester is concerned and therefore, they are eligible and
entitled to participate in the examination.
W.A. No. 419/2021 :6
5. In fact, the University had filed a statement before the writ
court specifying that the examination conducted in February, 2021 was
scheduled actually during August-September, 2020. However, due to
the pandemic covid-19 and the restrictions imposed, the examinations
could not be conducted for the said batch and it was accordingly that
on re-opening the institutions, the University scheduled the
examinations. It is also pointed out that the second professional MBBS
which the appellants are attending has a duration of 3 semesters ie.,
semesters 3 to 5 and the second professional training, includes theory
and practical subjects.
6. That apart, it was pointed out that in terms of the MBBS
Regulations framed by the Medical Council of India, a second
professional student need not have to pass the second professional
examination for continuing his studies in the third professional Part I
and as a result, once the students successfully completes the second
professional training with the required attendance, he could appear in
the examination and move on to the third professional Part I,
independent of the result of the examination. Therefore, it was highly
necessary to ensure that the students of the second professional MBBS
course get proper training in the theory and practical subjects as they
will not get any opportunity to redo the training, even if they failed in
the examinations. Other contentions were also raised by the University
W.A. No. 419/2021 :7
justifying their stand that the appellants cannot be permitted to
participate in the examinations conducted during February, 2021 for
the purpose of a different batch other than that of the appellants.
7. Anyhow, the learned single Judge was satisfied that the
appellant did not acquire the qualification to participate in the second
professional examination having not undertaken the practical and
clinicals enabling them to sit for the examinations. Fact remains, the
appellant could not secure any interim order in the writ petition,
consequent to which the examination scheduled during February, 2021
is over.
8. When the writ appeal was taken up for hearing, today, the
learned counsel for the appellants submitted that they may be
permitted to participate in the ensuing examinations conducted by the
University. However, the learned Standing Counsel for the University
stoutly opposed the proposal mooted by the learned counsel, for the
reason that the appellants have not acquired sufficient attendance and
having not attended the practical and clinical classes, they cannot be
permitted to participate in the examination conducted for other
students who have participated in the practical and clinical classes.
9. Taking into account the above said aspects and the
developments that have taken place during the course of time while
W.A. No. 419/2021 :8
the writ petition and the writ appeal were pending, we are not inclined
to grant any reliefs as is sought for by the appellants.
10. We are also of the view that the appellants have not made
out any case so as to disprove the stand adopted by the University
that the appellants are not qualified to sit for the second professional
MBBS examination.
11. Therefore, we have no hesitation to hold that there is no
jurisdictional error or other legal infirmities in the judgment of the
learned single Judge justifying interference in an intra court appeal
filed under Section 5 of the Kerala High Court Act, 1958.
Needless to say, the writ appeal fails and accordingly, it is
dismissed.
S. MANIKUMAR,
CHIEF JUSTICE.
SHAJI P. CHALY,
JUDGE.
Rv
