Kerala High Court
J.Sreeraj vs Kerala University Of Health ... on 20 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
IA.NO.10/2022 IN WP(C) NO. 14205 OF 2022(A)
PETITIONER/PETITIONER:
J.SREERAJ, AGED 23 YEARS, FINAL YEAR MBBS STUDENT, DM MEDICAL
COLLEGE, WAYANAD, RESIDING AT NANAT HOUSE,S/O JAYAKUMAR,
MARUTHOORVATTOM P.O, CHERTHALA, ALAPUZHA DISTRICT, PIN 688 545
RESPONDENTS/RESPONDENTS:
1. KERALA UNIVERSITY OF HEALTH SCIENCES,REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE P.O, THRISSUR 680 596
2. THE CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH AND
SCIENCES, MEDICAL COLLEGE P.O, THRISSUR 680 596
3. NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS CHAIRMAN, POCKET-14,
SECTOR-8 DWAYRAKA PHASE-1, NEW DELHI 110 077
4. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM 695 001
5. DM WAYANAD INSTITUTE OF MEDICAL SCIENCES REPRESENTED BY PRINCIPAL,
NASEERA NAGAR, MEPPADI, WAYANAD, KERALA , PIN 673 577
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to give a direction
to the respondents 1 and 2 to permit the petitioner to appear for the
practical examinations in relation to the subject General Medicine which
is part of Third Professional MBBS Degree Part II Course either on
20-05-2022 or 21-05-2022 in T.D.Medical College, Alappuzha.
This Application coming on for admission upon perusing the
application and the affidavit filed in support thereof, and upon hearing
the arguments of M/S.B.PRAMOD, BIJU VIGNESWAR, ASWATHI SURESH, Advocates
for the petitioners in IA/WP(C)and of SHRI.P.SREEKUMAR, STANDING COUNSEL
for R1 & R2 in IA/WPC, the court passed the following:
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
I.A.No.10 of 2022
in
W.P.(C) No.14205 of 2022
-------------------------------------------
Dated this the 20th day of May, 2022
ORDER
This application is filed seeking a direction to the respondents to
permit the petitioner to appear for the Practical Examinations in relation to
General Medicine on either 20th or 21st of May, 2022 in the T.D. Medical
College, Alappuzha.
2. Sri.B.Pramod, the learned counsel appearing for the petitioner
submitted that this Court by order dated 22.4.2022 had allowed I.A.No.2 of
2022 filed by the petitioner herein and had issued directions to respondents
1 and 2 to permit the petitioner to appear for the General Medicine Papers I
and II which was scheduled on 23.4.2022 and 25.4.2022 and in terms of the
order, the petitioner had attended the exams. The learned counsel would
then refer to Ext.P11 communication wherein the University has stated that
as the petitioner had appeared for the Special Theory Examination held on
23.4.2022 and 25.4.2022 he can also be included in the practical examination
for General Medicine which is scheduled to be held on 9.5.2022. However the
I.A.No.10 of 2022
in
W.P.(C) No.14205 of 2022
order was later withdrawn without any reason. The learned counsel would
refer to Ext.P13 and it is submitted that the KUHS has been conducting
supplementary practical examinations in Colleges other than the Colleges
wherein the students are pursuing the course. It is finally submitted that if
the petitioner is not permitted to appear for the practical examinations, he
will have to repeat the entire course again.
3. The learned Standing Counsel appearing for the University would
point out that the only relief sought for by the petitioner in the writ petition is
for a direction to the respondents to re-conduct the examinations for the
Papers General Surgery-1 and General Surgery-II, which are part of the IIIrd
Professional MBBS Part-II Examinations before the end of May 2022. It is
pointed out that the petitioner had earlier filed I.A.No.4 of 2022 and I.A.No.8
of 2022 and this Court had refused the request taking note of the objections
raised by the University. It is submitted that the petitioner is pursuing the
MBBS Course in the 5th respondent College at Wayanad and his request is to
permit him to appear for the Practical Exams at T.D.Medical College,
Alappuzha. The learned counsel points out that two external examiners and
two internal examiners are involved in conducting the practical examinations
I.A.No.10 of 2022
in
W.P.(C) No.14205 of 2022
and it would not be possible for the University to arrange two external
examiners from D.M. College, Wayanad to attend the practicals at Alappuzha
which has already commenced. Finally, it is submitted that the prayer sought
for by the petitioner cannot be granted in the light of the orders passed by
the Division Bench of this Court in Ext.P2 judgment.
4. I find that identical prayers were sought for by the petitioner
earlier and this Court had refused to grant the same. Furthermore, his
request is to permit him to appear for the practical examinations which are
being held today and tomorrow at Alappuzha. The objections raised by the
learned standing counsel appearing for the University are formidable. I am
not inclined to grant the interim prayer sought for.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
20-05-2022 /True Copy/ Assistant Registrar
