Kerala High Court
Aqmal Hassan vs State Of Kerala on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 14656 OF 2022
PETITIONERS:
1 AQMAL HASSAN, AGED 26 YEARS,
S/O.THAJUDEEN K., VALAVUTHARA, KANNAMPALLY BHAGAM,
KEERIKKAD, ALAPPUZHA, KERALA, PIN - 690 502.
2 VAISHNAVI M, AGED 27 YEARS,
D/O.ASHOK KUMAR, THEKKE VEEDU, KUREEPUZHA,
KAVANADU P.O., KOLLAM, KAVANAD, KERALA, PIN - 691 003.
BY ADV P.S.ABDUL KAREEM
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTORATE OF HEALTH SERVICES,
REPRESENTED BY SECRETARY TO DHS,
THIRUVANANTHAPURAM, PIN - 695 035.
SMT. PARVATHY K., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14656 OF 2022
-2-
C.R.
JUDGMENT
This case brings to the fore the rather
cavalier attitude exhibited by the respondents
towards students like the petitioners, pursuing
Para Medical Courses.
2. The petitioners say that they are part of
the 2019 batch studying in the 'Josco Paramedical
College', Alappuzha, which operates under the 2nd
respondent - Directorate of Health Services. They
point out that the course is a two year one but
that, in spite of three years having been elapsed,
neither have the results of the examinations of
their first year been published, nor any steps
taken to conduct the second year one. They say
that the respondents have now published Ext.P4
Academic Calendar, as per which, they will obtain
their Diplomas and Paramedical Council
Registrations (PMC Registration) only in July -
WP(C) NO. 14656 OF 2022
August, 2023; thus making the course effectively a
four year one.
3. The petitioners, therefore, pray that
Ext.P4 be set aside and the respondents be
directed to publish their first year results
without any further delay; and to conduct the
second year examinations, leading to the issuance
of their Diplomas and Certificates, within the
next few months.
4. The afore submissions of the petitioners,
as voiced by their learned counsel -
Sri.P.K.Afthabudheen, were answered by the learned
Government Pleader - Smt.Parvathy K., initially
seeking time to file counter pleadings, but then
explaining that the delay in the course has been
occasioned only on account of the COVID-19
pandemic scenario. She submitted that it is, in
fact, on account of the various requests made by
the students themselves at several times, that
WP(C) NO. 14656 OF 2022
conduct of the 1st year examinations had to be
postponed, which has now led to a cascading effect
of causing inevitable delay for the second year
also. She submitted that, however, every effort
will be taken by the respondents to ensure that
Ext.P4 Academic Calendar is implicitly followed,
so that the students will get their Diplomas at
least by July - August, 2023.
5. I must say that I cannot find favour with
the afore submissions of Smt.Parvathy K., or with
Ext.P4 Academic Calendar, to the extent to which
it provides for the issuance of Diploma and PMC
Registration only by July - August, 2023. This is
because it is uncontested that petitioners are the
members of the 2019 batch, who should have
obtained their Diplomas and PMC Registrations at
least by 2021. However, even today, they complain
that their first year results have not yet been
published; and that Ext.P4 Academic Calendar
WP(C) NO. 14656 OF 2022
pushes the time frame for issuance of the Diplomas
and PMC Registrations till July - August, 2023.
6. This is extremely unfair and totally
uncharitable to the student community at large,
particularly when the 2nd respondent - Directorate
of Health Services, has a duty to ensure that the
courses in question are conducted faultlessly and
in the manner so as to promote the careers and
lives of the students studying it.
7. Presumably, being aware of the mind of
this Court as afore, Smt.Parvathy K. - learned
Government Pleader, submitted that,
notwithstanding Ext.P4, the respondents will
consider issuance of a fresh Academic Calendar to
conduct the 2nd year examinations, leading to the
issuance of Diplomas this year itself; further
adding that the first year results will be
published without any avoidable delay now.
8. Though this Court appreciates the afore
WP(C) NO. 14656 OF 2022
undertaking, it is necessary to remind the
respondents that we are already in the mid month
of 2022 and therefore, not more than six months
can be taken to ensure that the students obtain
their Diplomas and PMC Registrations at least
within that time.
9. I am persuaded to the afore time frame,
because I am aware that certain conditions and
criteria will have to be satisfied by the
students, before taking the examinations,
including attendance; and since the learned
Government Pleader submits that this will require
another one or two months more of classes.
Resultantly, I order this writ petition and
declare that Ext.P4 Academic Calendar cannot apply
to the students of the 2019 batch; and that the 2 nd
respondent, in consultation with the competent
Authority, must publish a fresh Calendar for them,
so that, eventually, their Diploma Certificates
WP(C) NO. 14656 OF 2022
and PMC Registrations can be issued and achieved
at least by the end of this year.
The afore shall be done by the 2nd respondent
or by its competent Authority, within a period of
two months from today and the new calendar shall
be published immediately thereafter.
After I dictated this part of the judgment,
Sri.Afthabudheen - learned counsel for the
petitioners, submitted that his clients have also
raised a complaint against the fees charged for
the course. I am afraid that I cannot accede to
this at all, since the petitioners joined the
course being fully aware of its terms and cannot
assail it at this point of time.
At this time, the learned Government Pleader
intervened to say that the results of the 1st year
examinations have, in fact, already been
published. If this be so, then the other afore
directions shall be complied with by the
WP(C) NO. 14656 OF 2022
respondents within the above time frame.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 14656 OF 2022
APPENDIX OF WP(C) 14656/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE G.O. FOR THE APPROVAL OF
PROSPECTUS FOR ADMISSION TO PROFESSIONAL
DIPLOMA COURSES (PHARMACY, HEALTH INSPECTOR
AND PARAMEDICAL) FOR THE ACADEMIC YEAR
2019-2020 IN THE STATE OF KERALA.
EXHIBIT P2 TRUE COPY OF THE TIME TABLE FOR DIPLOMA IN
HEALTH INSPECTOR COURSE 2018-2020 BATCH
FIRST YEAR EXAMINATION.
EXHIBIT P3 TRUE COPY OF THE TIME TABLE FOR PARAMEDICAL
COURSES EXAMINATION MAY 2021 (REGULAR)
UNDER THE DIRECTORATE OF MEDICAL EDUCATIONS
(DME) IN THE STATE OF KERALA.
EXHIBIT P4 TRUE COPY OF THE ACADEMIC CALENDER 2021 AND
2022-2023 FOR DHIC COURSE 2019 BATCH.
EXHIBIT P5 TRUE COPY OF THE ADMISSION PROCEEDINGS FOR
PROFESSIONAL DIPLOMA COURSES (PHARMACY,
HEALTH INSPECTOR AND PARAMEDICAL COURSES)
2021-2022.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 26.05.2014.
EXHIBIT P7 TRUE COPY OF THE ORDER BY THE 1ST
RESPONDENT IS G.O.(RT.) NO. 1520/2021/H &
FWD DATED 20.07.2021.
EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.D2/10404/2021
DATED 06.12.2021.
EXHIBIT P8(a) READABLE TYPE WRITTEN COPY OF THE EXHIBIT
P8.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONERS AND OTHER STUDENTS OF
DIPLOMA IN HEALTH INSPECTOR COURSE 2019
BATCH BEFORE THE RESPONDENT.
WP(C) NO. 14656 OF 2022
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONERS AND OTHER STUDENTS OF
DIPLOMA IN HEALTH INSPECTOR COURSE-3.34
2019 BATCH BEFORE THE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
