Kerala High Court
Pranav G Mohan vs Kerala University Of Health ... on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
WP(C) NO. 17070 OF 2021
PETITIONER:
PRANAV G. MOHAN,
AGED 26 YEARS
S/O. CHANDRAMOHANAN NAIR,
PRANAVAM PLRA. 162,
PANACHAMKODE LANE, PATTOM,
THIRUVANANTHAPURAM.
BY ADVS.
SRI. V.M. KRISHNAKUMAR
SMT. P.R. REENA
SRI. MAYA M.
SRI. P.S. SIDHARTHAN
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE CAMPUS,
THRISSUR - 680 596.
2 CONTROLLER OF EXAMINATIONS,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE CAMPUS,
THRISSUR - 680 596.
3 VICE CHANCELLOR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE CAMPUS,
THRISSUR - 680 596.
4 AZEEZIA INSTITUTE OF MEDICAL SCIENCE & RESEARCH,
DIAMOND HILL, MEEYANOOR POST,
KOLLAM, PIN - 691 537,
REPRESENTED BY PRINCIPAL.
SRI. P. SREEKUMAR - SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.17070 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.P7 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.P7 and
to take appropriate decision on the said representation. In
WP(C).No.17070 OF 2021
the nature of the directions I propose to pass, I am of the
opinion that no notice need be issued to the 4th respondent.
In the facts and circumstances of the case, there will be
a direction to the 3rd respondent - Vice Chancellor to consider
Ext.P7, 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.P7. I make it clear that, I
have not expressed any opinion on the merits of Ext.P7
representation.
The writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.17070 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD ISSUED TO
THE PETITIONER BY IST RESPONDENT
UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE EMAIL DATED 25.03.2021.
EXHIBIT P3 TRUE COPY OF THE OFFICE ORDER DATED
26.05.2021 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY IST
RESPONDENT UNIVERSITY NUMBERED UO NO.
45/2021/EXAM GENERAL DATED 10.05.2021.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF
GUIDELINES/ REGULATIONS/DISCIPLINARY
ACTION/ PENALTY IMPOSED FOR
MALPRACTICES/IMPROPER CONDUCT OF
EXAMINATIONS.
EXHIBIT P6 TRUE COPY OF THE COVID POSITIVE
CERTIFICATE OF PETITIONERS FATHER
CHANDRAMOHANAN NAIR DATED 30.04.2021.
EXHIBIT P6(a) TRUE COPY OF THE COVID POSITIVE
CERTIFICATE OF PETITIONER'S MOTHER GEETHA
DATED 30.04.2021.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
12.07.2021 FILED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION FIELD BY
THE PETITIONER BEFORE 4TH RESPONDENT
DATED 14.05.2021.
RESPONDENTS'S EXHIBITS: NIL.
