Kerala High Court
Sanjith Muhammed vs State Of Kerala on 2 February, 2022
WA No.160/2022 1/6
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 2nd day of February 2022 / 13th Magha, 1943
W.A. NO. 160 OF 2022
[AGAINST JUDGMENT DATED 20.01.2022 IN W.P.(C)NO.2145/2022 OF THIS COURT]
APPELLANT/PETITIONER:
SANJITH MUHAMMED, AGED 20 YEARS,S/O NIZHAMUDEEN RESIDING AT NS
VILLA, MEVARAM, THATTAMALA P.O. MAYYANAD, KOOTTIKADA, KOLLAM, KERALA
- 691 020.
BY ADVS. M/S.SASI M. R., SILPA N.P, DHARMYA M.S. & KAVYA KRISHNAN
RESPONDENTS/RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE VICE - CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
COLLEGE P.O. THRISSUR, KERALA - 680 596.
3. THE DIRECTOR, JUBILEE MISSION MEDICAL COLLEGE & RESEARCH INSTITUTE,
MOOSPET RD, FATHIMA NAGAR, NELLIKUNNU, THRISSUR, KERALA - 680 005.
4. THE PRINCIPAL, JUBILEE MISSION MEDICAL COLLEGE & RESEARCH INSTITUTE,
MOOSPET RD, FATHIMA NAGAR, NELLIKUNNU, THRISSUR, KERALA PIN - 680
005
5. THE CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY OF HEALTH
SCIENCES, MEDICAL COLLEGE P.O. THRISSUR, KERALA - 680 596
6. THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE
P.O., THRISSUR, KERALA PIN - 680 596.
BY ADV. SRI.P.SREEKUMAR, STANDING COUNSEL FOR R2.
BY ADV. SRI.TONY GEORGE KANNANTHANAM
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an interim order of direction to the 3rd and 4th respondent to
allow the petitioner to register for the First Professional MBBS Degree
(Regular & Supplementary) Examinations, 2022 with remittance of Superfine
for each subject on the last date of 21.01.2022 and provisionally appear
for the examinations starting from 02.02.2022 - 14.02.2022, pending
disposal of the Writ Appeal.
This Writ Appeal coming on for admission on 02.02.2022 upon perusing
the appeal memorandum, the court on the same day passed the following.
WA No.160/2022 2/6
EXT P4: TRUE COPY OF THE ORDER OF THE ADMISSION SUPERVISORY
COMMITTEE FOR MEDICAL EDUCATION IN KERALA.
WA No.160/2022 3/6
S. MANIKUMAR, CJ & SHAJI P.CHALY, J
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W.A.No.160 of 2022
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Dated this the 2nd day of February, 2022
ORDER
S. Manikumar, CJ
Before the writ court, appellant has sought for the following reliefs:
(i) To issue a direction to the 4 th respondent to allow the
petitioner to register for the First Professional MBBS Degree
(Regular & Supplementary) Examinations, 2022 with remittance
of Superfine for each subject on the last date of 21/01/2022.
(ii) To issue a direction to the 3 rd respondent and 4th
respondent to allow the petitioner to register for the First
Professional MBBS Degree (Regular & Supplementary)
Examinations, 2022 commencing on 02/02/2022 - 14/02/2022.
(iii) To issue a direction to 2 nd respondent to consider the
appeal pending before him in an expeditious manner.
(iv) Such other reliefs as this Hon'ble Court deems fit to grant in
the nature of this case.
2. After hearing the learned counsel for parties, vide judgment
dated 21st January, 2022, writ court declined to grant the reliefs. Being
aggrieved, instant writ appeal is filed.
WA No.160/2022 4/6
3. Mr.Sasi.M.R., learned counsel for appellant made submissions on the
grounds raised.
4. Mr.P.Sreekumar, learned standing counsel appearing for the Vice-
Chancellor, Kerala University of Health Sciences, Thrissur - 2 nd respondent,
submitted that as per the norms of the National Medical Commission (NMC),
the minimum attendance required is 80%. However, on account of COVID-19
pandemic, percentage of attendance insisted is 70%. The University is
empowered to condone the inadequacy in attendance, if the college sends a
proposal.
5. Per contra, learned counsel for appellant, submitted that if the
entire attendance is taken into consideration, the appellant would have
satisfied the required attendance. He was directed to attend the classes only
for 30 days, during which period, he was in a state of depression and been
hospitalised in the very same Medical College. That apart, the reason for not
attending the classes was that his mother was diagnosed with cancer.
According to him, college is prejudiced due to Exhibit P4 order of the
Admission Supervisory Committee for Medical Education in Kerala.
6. On the aspect of sending any recommendation for relaxation of the
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attendance, Mr.P.Sreekumar, learned standing counsel for the University,
submitted that it is for the college to send the recommendation, provided,
the student satisfies the norms.
7. In the light of the above submissions, we permit the appellant to
serve a copy of the writ petition to the Principal, Jubilee Mission Medical
College & Research Institute, Thrissur - respondent No.3 or the Standing
Counsel for the said respondent. Registry is directed to post the matter on
3/2/2022 and issue a copy of this order today itself. Registry is further
directed to show the name of Adv.Mr.Tony George Kannanthanam/Kurian
George Kananathannam, in the cause list.
Sd/-
S. MANIKUMAR,
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY,
JUDGE,
smv
02-02-2022 /True Copy/ Assistant Registrar
WA No.160/2022 6/6
