Lulu T.N vs State Of Kerala
2022 Latest Caselaw 4291 Ker

WP(C) NO.3423 OF 2022          1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                     WP(C) NO.3423 OF 2022
PETITIONERS:

    1      LULU T.N.,
           AGED 21 YEARS
           D/O. T.A. NAUSHAD YAFFEEI, AGED 21 YEARS, RESIDING
           AT LULU MANZIL, ZACHARIYA WARD, ALAPPUZHA-688001,
           KERALA.

    2      KASHMEERA K.J.,
           AGED 22 YEARS
           D/O. JAYANANDHAN, RESIDING AT KURUPPAMPARAMBIL
           HOUSE, MALA, THRISSUR-680732, KERALA.

           BY ADV SADHANA KUMARI ESWARI


RESPONDENTS:

    1      STATE OF KERALA,
           REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
           THIRUVANANTHAPURAM-695036.

    2      GOVERNMENT MEDICAL COLLEGE,
           THRISSUR, M.G.KAVU, KERALA-680596, REPRESENTED BY
           EXAMINATION COMMISSION (MEDICAL SECTION).

    3      THE PRINCIPAL,
           GOVERNMENT MEDICAL COLLEGE, THRISSUR, M.G. KAVU,
           KERALA-680596.

    4      *KERALA UNIVERSITY OF MEDICAL SCIENCE,
           MEDICAL COLLEGE P.O., TRICHUR, KERALA-680596.
           *THE WORD "MEDICAL SCIENCE" IN THE NAME OF R4 IS
           CORRECTED AS "HEALTH SCIENCE" AS PER ORDER DATED
 WP(C) NO.3423 OF 2022            2



           21-02-2022 IN IA 1/2022




           SRI P SREEKUMAR, SC,

           SMT SURYA BINOY, SR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.04.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.3423 OF 2022              3




                                JUDGMENT

The petitioners are students who are pursuing their 1st year MBBS

course in the Government Medical College, Thrissur. They have approached

this Court seeking directions to the respondents 2 to 4 to permit the

petitioners to write the 1st year annual MBBS University examinations to be

held on 02.02.2022 for the academic year 2020-21 and for a declaration

that the petitioners are entitled to appear for the 1st year MBBS University

examination.

2. When the matter was taken up on 01.02.2022, this Court after

getting the inputs from the Government Pleader as well as the learned

Standing Counsel appearing for the University, prima facie took the view

that as the students had not secured the minimum required marks for

internal assessment, they are not entitled to appear for the exams as prayed

for.

3. Counter affidavits have been filed by respondents 3 and 4

controverting the contentions advanced by the petitioners.

4. Today when the matter was taken up, Smt.Sadhana Kumari, the

learned counsel appearing for the petitioners submitted that the petitioners

are not desirous of entering into a controversy at this stage. It is submitted

that the petitioners have preferred Exts.P5 and P8 representations before

the University narrating their grievances and requesting that a sympathetic

stand be taken. It is submitted that at this stage, the petitioners would be

satisfied if the 4th respondent considers Exts.P5 and P8 in an expeditious

manner and takes a decision. The learned counsel submits that as the SAY

examination is scheduled to be held shortly, the 4th respondent be directed

to take up and consider Exts.P5 and P8 within a time frame.

5. Heard Sri.P.Sreekumar, the learned Standing Counsel appearing

for the KUHS.

6. Having regard to the facts and the submissions made across the

bar, I am of the considered opinion that this writ petition can be disposed of

by issuing directions.

Resultantly, there will be a direction to the 4th respondent to take up,

consider and pass orders on Exts.P5 and P8 representations, as per

procedure and in accordance with the regulations, after affording an

opportunity of being heard to the petitioners either physically or virtually.

Orders shall be passed, expeditiously, in any event, within a period of two

weeks from the date of receipt of a copy of this judgment.

The petitioners shall produce a copy of this writ petition along with

this judgment before the concerned respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 3423/2022

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE MARK LIST OF INTERNALS OF PHYSIOLOGY.

Exhibit P2 COPY OF THE MARK LIST OF INTERNALS OF ANATOMY.

Exhibit P3 COPY OF THE BANK DEPOSIT RECEIPTS.

Exhibit P4            COPY OF THE CIRCULAR BEARING
                      NO.9552/2018/AC1/MED/B1/KUHS DATED
                      01/07/2020.

Exhibit P5            COPY OF THE REPRESENTATION LETTER.

Exhibit P6            COPY OF THE ADMIT CARD TO ISSUED TO THE
                      PETITIONER NO.2.

Exhibit P7            TRUE COPY OF THE REPRESENTATION FILED BY
                      THE PETITIONER NO.1

Exhibit P8            TRUE COPY OF THE ASSESSMENT MODULE FOR
                      THE UNDERGRADUATE MEDICAL EXAMINATION





RESPONDENTS' EXHIBITS

Exhibit R3(a)         THE ACTUAL MARKS SECURED BY THE
                      PETITIONERS IN THE SUBJECT OF ANATOMY.