Kerala High Court
Nabeel Sajid vs The Kerala University Of Health ... on 9 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
WP(C) NO. 18463 OF 2021
PETITIONER/S:
NABEEL SAJID, AGED 29 YEARS
S/O.SAJID HUSSAIN, RESIDING AT T.C.17/50, GREEN
GARDEN LANE, ULLOOR, MEDICAL COLLEGE P.O.,
TRIVANDRUM - 695 011.
BY ADVS.P.MARTIN JOSE, P.PRIJITH
THOMAS P.KURUVILLA, AJAY BEN JOSE
MANJUNATH MENON, SACHIN JACOB AMBAT
HARIKRISHNAN S., ANNA LINDA EDEN
NAVEEN A.VARKEY
RESPONDENT/S:
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.
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 SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
OTHER PRESENT:
SRI P SREEKUMAR SC , GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 18463 OF 2021
-2-
JUDGMENT
(Dated this the 9th day of September, 2021)
The petitioner is a student of 3 rd year M.B.B.S. course
in Azeezia Institute of Medical Sciences, Kollam. The
examinations of 3rd semester was conducted on 4, 8 and 11
January 2011. He appeared in the examinations and fared
well. However, in the examination held on 11 th January,
2021 in respect of Community Medicine Paper - II, having
a duration of 3 hours, the petitioner along with other
students entered in the examination hall half an hour before
the commencement of the examination and at the relevant
point of time the Chief Superintendent of Examinations and
invigilators were also present. The entire examination
process was videographed in CCTV.
2. The learned counsel appearing for the petitioner
submitted that the University framed Examination Manual
for the conduct of the examination MBBS course. As per
clause 14 of Examination Manual, the theory and practical
answer book have to be supplied to the college and
WP(C) NO. 18463 OF 2021
Principal/Head of of the institution and shall maintain a
stock register. As per clause 16, the Controller of
examination shall appoint Chief Superintendent for the
conduct of examinations. By virtue of clause 12, in each
theory examination centre, the Principal and the Chief
Superintendent shall be issued with user names and
separate passwords for downloading the question papers.
As per clause G, each answer books with laser bar codes
and security features containing 52 pages or 32 pages was
supplied by the university, even serial numbers were
printed chronologically. Separate instructions were also
issued to the Examination Chief Superintendent for
receiving the respective blank answer sheets and all
materials relevant to the examinations.
3. The petitioner after receipt of the answer booklet
and question papers, started writing the examinations.
After two hours of examinations commenced, additional
booklet was exhausted. It was quite unusual to exhaust the
answer booklet within two hours of examination.
WP(C) NO. 18463 OF 2021
Immediately the petitioner counted the pages in the answer
booklet and found that there are only 30 pages instead of
50. The petitioner reported the matter to the invigilator. It
was verified and the matter was reported to the Chief
Superintendent of Examinations. No additional sheets was
supplied to the petitioner. The answer sheets were
collected from the petitioner and other students. Procedure
was required to be followed by the Chief Superintendent.
The petitioner received a notice from the Malpractices and
Lapses Enquiry Committee of the University alleging
mismatch in the answer sheet. Then only the petitioner
realised that the alleged mismatch was beyond his control.
At the time of hearing, the petitioner requested for the
video recorded but the photographs from the video was
supplied and produced as Ext.P2 & P2(a), which reflect
that the petitioner had been complaining to the invigilator
about the shortage of pages in answer sheets. Vide order
Ext.P3 dated 10.5.2021, the Controller of Examinations of
Kerala University of Health Sciences held that the answer
WP(C) NO. 18463 OF 2021
books of the petitioner and two other students were
manipulated and imposed punishment of barring of sitting
in the examinations of 5 years as per the provisions of
Chapter XII Clause 1(A)9 of Examination Manual(Ext.P3).
The petitioner preferred an appeal before the 2 nd
respondent. It is contended that if the CD is played, the
procedure adopted can be viewed and concluded.
4. I have heard the learned counsel for the parties.
5. The learned counsel for the petitioner submitted
that pendency of appeal before the Vice Chancellor would
be of no consequence as Ext.P3 lacks sanction to
implement the same. The petitioner was impersonated. As
per clause (g) of impugned order it is evident that the
person responsible for the impersonation act was not
properly identified by the College. I am afraid that the
aforementioned argument would not have any force as
clause (e) reveals that the student disowned the handwriting
in the answer book. It is a disputed question of fact which
would require detailed evidence for disproving the
WP(C) NO. 18463 OF 2021
allegations against the petitioner and other students. This
Court, by exercising the power under Article 226 of the
Constitution of India, cannot go ahead on such dispute.
Remedy lies under Section 9 of the Code Civil Procedure
or elsewhere. No ground to interfere.
Accordingly, the writ petition is dismissed.
Sd/-
AMIT RAWAL, JUDGE.
dl/
WP(C) NO. 18463 OF 2021
APPENDIX OF WP(C) 18463/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF THE
EXAMINATION MANUAL CONTAINING THE STEPS
INVOLVED IN THE CONDUCT OF UNIVERSITY
THEORY EXAMINATIONS AND CONDUCT OF
EXAMINATIONS.
Exhibit P2 STILL PHOTOGRAPHS TAKEN FROM THE VIDEO
SUPPLIED TO THE PETITIONER
Exhibit P2A STILL PHOTOGRAPHS TAKEN FROM THE VIDEO
SUPPLIED TO THE PETITIONER.
Exhibit P3 TRUE COPY OF ORDER DATED 10/05/2021 O
THE 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF APPEAL DATED 26/05/2021
FILED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
Exhibit P5 TRUE COPY OF RELEVANT PORTION OF
EXAMINATION MANUAL CONTAINING CHAPTER
XII DEALING WITH MALPRACTICES AND
MISCONDUCT AND THE PROCEDURE TO TACKLE
THEM.
