Nabeel Sajid vs The Kerala University Of Health ...
2021 Latest Caselaw 21927 Ker

             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 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                        WA NO. 1379 OF 2021
AGAINST THE JUDGMENT IN WP(C) 18463/2021 OF HIGH COURT OF KERALA,
                               ERNAKULAM


APPELLANT/PETITIONER:



          NABEEL SAJID
          AGED 29 YEARS, S/O. SAJID HUSSAIN,
          RESIDING AT TC.17/50, GREEN GARDEN LANE, ULLOOR,
          MEDICAL COLLEGE P.O., TRIVANDRUM-695 011.

          BY ADVS.
          S.SREEKUMAR (SR.)
          P.PRIJITH
          THOMAS P.KURUVILLA
          R.GITHESH
          MANJUNATH MENON
          SACHIN JACOB AMBAT
          HARIKRISHNAN S.
          ANNA LINDA V.J
          NAVEEN A.VARKEY


RESPONDENTS/RESPONDENTS:



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

    2     THE VICE CHANCELLOR
          THE KERALA UNIVERSITY OF HEALTH SCIENCES,
          MEDICAL COLLEGE P.O., THRISSUR, PIN-680 596.
 W.A.No.1379 of 2021
                                      2

    3          THE BOARD OF EXAMINATIONS
               THE KERALA UNIVERSITY OF HEALTH SCIENCES,
               MEDICAL COLLEGE P.O., THRISSUR, PIN-680 596
               REPRESENTED BY THE EX-OFFICIO SECRETARY,
               THE CONTROLLER OF EXAMINATIONS.

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


        THIS    WRIT    APPEAL   HAVING     COME   UP    FOR    ADMISSION   ON
03.11.2021,       THE    COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 W.A.No.1379 of 2021
                                       3




                                JUDGMENT

Dated this the 3rd day of November, 2021

S.Manikumar, C.J.

Instant writ appeal is filed, being aggrieved by the judgment

in W.P.(C)No.18463 of 2021 dated 09.09.2021.

2. Before the writ court, the petitioner/appellant has sought

for the following relief:

"(i) Call for the records leading to Exhibit P3 and quash the same by issue writ of certiorari, or other writ, order or direction. "

3. After considering the rival submissions, provisions

contained in the Examination Manual and other material on

record, writ court, vide judgment dated 09.09.2021, declined to

interfere with the decision taken by the Governing Council of the

Kerala University of Health Sciences.

4. Pursuant to the above decision, appellant has submitted

Exhibit P4 representation dated 26.05.2021 to the Vice Chancellor

of the University (respondent No.2).

5. When the matter came up for hearing, while directing W.A.No.1379 of 2021

Mr.P.Sreekumar, learned standing counsel for the University to

take notice, we requested him to get instructions as to whether

Exhibit P4 representation submitted to the Vice Chancellor of the

University can be considered on its merits, notwithstanding the

sanction accorded, to implement the decision of the Governing

Council.

6. On instructions, Mr.P.Sreekumar, learned standing counsel

for the University submitted that dehors the sanction accorded

earlier, the Vice Chancellor of the Kerala University of Health

Sciences, Thrissur would consider Exhibit P4 representation dated

26.05.2021 on its own merits, in accordance with the provisions of

the Kerala University Health Sciences Act, 2010, statutes and the

Examination Manual.

7. At this juncture, Mr.S.Sreekumar, learned Senior Counsel

for the appellant submitted that an opportunity of personal

hearing be directed to be provided to explain the case of the

appellant.

8. We are afraid such directions can be granted when no

provision in the statutes has been brought to the notice for

providing an opportunity of hearing. However, in the interest of W.A.No.1379 of 2021

justice, we permit the appellant to submit all necessary

documents/materials available with the appellant, including the

report prepared in the enquiry proceedings, for proper

consideration of Exhibit P4 representation dated 26.05.2021.

Documents/materials shall be submitted as expeditiously as

possible.

9. On receipt of the above, the Vice Chancellor, Kerala

University of Health Sciences, respondent No.2, is directed to pass

appropriate orders, within three weeks from the date of receipt of

the materials as stated supra.

With the above directions, writ appeal is disposed of.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv

//true copy//

P.A. to Judge