Kerala High Court
Farhana Hannath V.I vs Kerala University Of Health ... on 27 May, 2022
WP(C) NO. 15753 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 15753 OF 2022
PETITIONERS:
1 FARHANA HANNATH V.I
D/O. IRBRAHIMKUTTY, VIPPINKATTIL HOUSE, P.O MADAVANA,
KODUNGALLUR, THRISSUR DISTRICT-680 666
2 MUFEEDA.P.,
D/O. HYDARALI P., PANCHILI HOUSE, PONMALA P.O.,
MALAPPURAM DISTRICT-676 528
3 MIDHUN.T.K.,
S/O. BIJU, PARAKKAL HOUSE, IRINGALLUR PALA,
P.O.GURUVAYURAPPAN COLLEGE, KOZHIKODE-673 014
4 KRISHNAPIYA.V.VELAYUDHAN
D/O.VELAYUDHAN, VALAYEMPARAMBIL, KURUMASSERY P.O.,
ERNAKULAM DISTRICT-683 579
5 S.KARTHIK,
S/O O.M.SANALKUMAR, KARTHIKA HOUSE, PANDIKKAVU,
CHERUR P.O., THRISUR-680 008
6 ARPPITHA JAYAKUMAR,
D/O. M.S JAYAKUMAR, MANGATTUVALAPPIL HOUSE,
PUNNAMPARAMBU, THEKKUMKARA P.O., THRISSUR DISTRICT-
680 608
7 LAKSHMI PRAKASH.V.,
D/O. S.VISWAPRAKSH, CHERUKKARA HOUSE, MANKAD NAGAR,
B-64, MANKAD P.O., KOLLAM DISTRICT-691 015
8 NATHINI.O.,
D/O.SATHYANATHAN.O., ODIYIL HOUSE, PAYYOLI ANGADI ,
P.O. PAYYOLI, KOZHIKODE DISTRICT-673 522
9 DILSHAD,
S/O. ABOOBACKER, KOTTAPARAMBAN HOUSE, KARAKKUNNU
P.O., MANJERI, MALAPPURAM DISTRICT-676 123
WP(C) NO. 15753 OF 2022 2
10 RAMEES,
S/O. ABDUL AZIZ, BAITHUL NIYAMATH HOUSE, MUTTUNGAL
WEST, VADAKARA, KOZHIKODE DISTRICT-673 101
11 SHAHINA.A.
D/O. ANEES, PALASSERY MEMANA HOUSE, OCHIRA P.O.,
KOLLAM DISTRICT-690 526
12 SHIFANA RIYAS,
D/O. RIYASUDHIN, SHIFANA MANZI, ATHIKATTUKULANGARA
P.O., NOORNAD, ALAPUZHA DISTRICT-690 504
13 JOMI.C.J.,
S/O.JOSEPH.C.R., CHUNGATH HOUSE, VELLARAKKAD P.O.,
THRISSUR DISTRICT-680 584
BY ADVS.
M.SHAJU PURUSHOTHAMAN
K.S.RAJESH
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE,
THRISSUR-680 596
2 THE REGISTRAR,
KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
COLLEGE, THRISSUR-680 596
3 THE ACADEMIC COUNCIL,
KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
COLLEGE, THRISSUR-680 596
4 THE BOARD OF ADJUDICATION OF STUDENTS GRIEVANCES,
KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
COLLEGE, THRISSUR-680 596
5 THE PHARMACY COUNCIL OF INDIA,
COBINED COUNCIL BUILDING, KOTLA ROAD, AIWAN-E-GALIB
MARG, P.O.BOX 7020, NEW DELHI,PIN-110 002
6 THE PRINCIPAL,
DEVAKIAMMA MEMORIAL COLLEGE OF PHARMACY, CHELEMBRA,
MALAPPURAM DISTRICT,PIN-673 634
WP(C) NO. 15753 OF 2022 3
7 THE PRINCIPAL,
COLLEGE OF PHARMACEUTICALS AND SCIENCES, GOVT.
MEDICAL COLLEGE, THIRUVANANTHAPURAM,PIN-695 011
8 THE PRINCIPAL,
ELIMS COLLEGE OF PHARMACY, RAMAVARMAPURAM, THRISSUR,
PIN-680 631
9 THE PRINCIPAL,
NATIONAL COLLEGE OF PHARMACY, MANNASSERY P.O.,
MUKKAM, KOZHIKODE,PIN-673 601
10 THE PRINCIPAL,
EZHUTHACHAN COLLEGE OF PHARMACEUTICAL SCIENCE,
MARAYAMUTTOM, THIRUVANANTHAPURAM,PIN-695 124
11 THE PRINCIPAL,
NAZARETH COLLEGE OF PHARMACY, OTERA, THIRUVALLA, PIN-
689 546
12 THE PRINCIPAL,
NIRMALA COLLEGE OF HEALTH SCIENCE, MELOOR, CHALAKUDY,
PIN-680 311
13 THE PRINCIPAL,
AHALIA PHARMACY COLLEGE, PUTHUSSERY EAST, KOZHIPPARA,
PALAKKAD,PIN-678 557
BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
HEALTH SCIENCES
SRI P SREEKUMSR SC,
SRI MANU ASG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15753 OF 2022 4
JUDGMENT
Instant writ petition is filed seeking the following reliefs:
(i) Writ of certiorari quashing clause 1.18(ii) and 1.19(b) of The General course
Regulations of B.Pharm, Ext.P20 issued by the University as they being
contrary to the provisions of Rules and syllabus for the B.Pharm course under
The B.Pharm course Regulations of The Pharmacy Council of India in the
interest of justice.
(ii) Issue a declaration that the petitioners being students of B.Pharm degree
course in 2017 of the University are entitled to be governed the Academic
Progression Rules framed under The Rules and syllabus for the B.Pharm
course under The B.Pharm course Regulations of The Pharmacy Council of
India.
2. A statement has been filed by the learned Standing Counsel
appearing for the 1st respondent wherein it is stated that the University has
convened a meeting on 4.5.2022 and the following decision was taken in
consultation with the Dean, Faculty of Pharmaceutical Sciences.
1. To conduct the VII sem (supplementary) exam by middle of June 2022.
2. To conduct the V sem (supplementary) exam in the first week of July
2022.
3. The VIII sem (supplementary) exam currently scheduled to start on
1.8.2022 to be rescheduled to start in the last week of August.
3. It is stated that the above decision was taken to enable the
students, who had cleared the above mentioned VII and V semester
examinations, to become eligible to write the VIII semester examinations.
4. Sri. Shaju Purushothaman, the learned counsel submitted that in
view of the decision taken by the University, the petitioner has no further
grievance and this writ petition can be disposed of recording the statement.
In view of the submission, this writ petition is disposed of directing the
University to act in terms of the decision extracted above.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
ps
APPENDIX OF WP(C) 15753/2022
PETITIONERS' EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE EXAMINATION RESULT OF
THE 1ST PETITIONER DATED 1.2.2022
Exhibit P2 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 7.4.2022
Exhibit P3 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 7.4.2022
Exhibit P4 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 7.4.2022
Exhibit P5 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 25.11.2020
Exhibit P6 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 7.4.2022
Exhibit P7 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 19.4.2022
Exhibit P8 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 7.4.2022
Exhibit P9 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 19.4.2022
Exhibit P10 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 19.4.2022
Exhibit P11 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 19.4.2022
Exhibit P12 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 7.4.2022
Exhibit P13 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 7.4.2022
Exhibit P14 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 7.4.2022
Exhibit P15 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 1.2.2022
Exhibit P16 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 25.11.2020
Exhibit P17 THE TRUE COPY OF THE EXAMINATION RESULTS
DATED 24.3.2021
Exhibit P18 THE TRUE COPY OF THE RELEVANT EXTRACTS OF
RULES AND SYLLABUS FOR THE B.PHARM COURSE
UNDER THE B.PHARM COURSE REGULATIONS OF PCI
DATED NIL
Exhibit P19 THE TRUE COPY OF THE NOTIFICATION FOR
VIIITH SEMESTER B.PHARM COURSE REGULAR
EXAMINATION DT 13.4.2022
Exhibit P20 THE TRUE COPY OF THE RELEVANT EXTRACT OF
GENERAL COURSE REGULATIONS OF B.PHARM
APPROVED BY THE ACADEMIC COUNCIL OF
UNIVERSITY DATED 9.1.2018
Exhibit P21 THE TRUE COPY OF THE COMMUNICATION ISSUED
BY PHARMACY COUNCIL OF INDIA BEARING NO.REF
NO.14-56/2021-PCI /7246-48 DT.27.1.2022
Exhibit P22 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE VICE CHANCELLOR OF THE
UNIVERSITY DT 20.4.2022
RESPONDENTS' EXHIBITS:
NIL
