Kerala High Court
Midhun Jemsin vs Kerala University For Health ... on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
WP(C) NO. 24264 OF 2021
PETITIONER:
MIDHUN JEMSIN
AGED 27 YEARS
S/O. DR.JESMIN, PRAVANAM,
EDACKADOM P. O., EZHUKONE,
KOLLAM DISTRICT - 691 505,
(MBBS STUDENT - REG. NO.1200102571) AZEEZIA INSTITUTE
OF MEDICAL SCIENCE,
MEEYANNOOR, KOLLAM - 691 537.
BY ADV SRI. R. PUSHPANGATHAN PILLAI
RESPONDENTS:
1 KERALA UNIVERSITY FOR HEALTH SCIENCES,
REPRESENTED BY THE REGISTRAR,
MEDICAL COLLEGE P. O.,
THRISSUR - 680 596.
2 THE CONTROLLER OF EXAMINATIONS,
KERALA UNIVERSITY FOR HEALTH SCIENCES,
MEDICAL COLLEGE P. O.,
THRISSUR - 680 596.
3 THE GOVERNING COUNCIL,
KERALA UNIVERSITY FOR HEALTH SCIENCES,
REPRESENTED BY THE HON'BLE VICE CHANCELLOR,
MEDICAL COLLEGE P. O.,
THRISSUR - 680 596.
4 THE PRINCIPAL,
AZEEZIA INSTITUTE OF MEDICAL SCIENCE,
MEEYANNOOR,
KOLLAM - 691 537.
5 THE CHIEF SUPERINTENDENT OF EXAMINATIONS
(HEAD OF DEPARTMENT OF ANATOMY),
AZEEZIA INSTITUTE OF MEDICAL SCIENCE,
MEEYANNOOR, KOLLAM - 691 537.
SRI. P. SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24264 OF 2021
2
JUDGMENT
The petitioner is an MBBS student studying in Azeezia
Institute of Medical Science, Meeyannoor, Kollam. Alleging
malpractice at examination, the petitioner was disqualified for
appearing in University examinations upto five chances,
including the examination in which he was found guilty.
Contending that the petitioner is innocent in the matter and
that the punishment is totally disproportionate, the petitioner
has filed Ext.P5 representation before the Vice Chancellor of
the University requesting to set aside the punishment or in
the alternative to reduce the punishment to disqualification
for appearance in the examination only upto one chance.
2. Heard the learned counsel for the petitioner and
the learned Standing Counsel for respondents 1 to 3.
3. The limited prayer of the petitioner at this stage is
for a direction to the Vice Chancellor to consider Ext.P5 and
to take appropriate decision on the said representation. In
the nature of the directions, I am of the opinion that no
WP(C).No.24264 OF 2021
notice need be issued to respondents 4 and 5.
In the facts and circumstances of the case, there will be
a direction to the Vice Chancellor of the 1 st respondent
University to consider Ext.P5, within a period of three weeks
from the date of receipt of a copy of the judgment. The
petitioner will be free to produce all supporting documents
within one week to substantiate his contentions in Ext.P5. I
make it clear that, I have not expressed any opinion on the
merits of Ext.P5 representation.
The writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.24264 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE ORDER
UO.NO.45/2021/EXAM GENERAL, DATED
10.05.2021 PASSED BY THE 2ND
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ADMIT CARD ISSUED TO
THE PETITIONER WITH REG. NO.120010257,
DATED 01.01.2021.
EXHIBIT P3 TRUE COPY OF THE IDENTITY CARD ISSUED
TO THE PETITIONER BY THE UNIVERSITY
(REG. NO.120010257).
EXHIBIT P4 TRUE COPY OF THE OFFICE ORDER
NO.AIMS/396/2020-21 DATED 11.05.2021
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
09.07.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER OF REJECTION
NO.2021/6531/A1/EX GEN/KUHS, DATED
04.08.2021 PASSED BY THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RELEVANT PORTION OF
CHAPTER XII OF THE EXAMINATION MANUAL
(PAGES 80 TO 83).
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED
08.09.2021 IN W.P.(C) NO.15935/2021
(N), GRANTING PERMISSION TO FILE A
FRESH WRIT PETITION, PASSED BY THIS
HON'BLE COURT.
RESPONDENTS'S EXHIBITS:- NIL.
