Arjun Vinod Nair vs The Kerala University Of Health Science
2023 Latest Caselaw 12769 Ker

Kerala High Court

Arjun Vinod Nair vs The Kerala University Of Health Science on 8 December, 2023

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                       WP(C) NO. 40595 OF 2023


PETITIONER:

          ARJUN VINOD NAIR
          AGED 20 YEARS, S/O A VINOD KUMAR,
          RESIDING AT THE ADDRESS VENGAYIL HOUSE,
          PANAPUZHA P.O,
          MATHAMANGALAM,
          KANNUR, PIN - 670306

          BY ADVS.
          APPU AJITH
          SHYNI DAS J.S.
          BLESSY MOL BIJU



RESPONDENTS:

    1     THE KERALA UNIVERSITY OF HEALTH SCIENCE
          REPRESENTED BY ITS REGISTRAR,
          MEDICAL COLLEGE CAMPUS,
          THRISSUR P.O., THRISSUR,
          PIN - 680596

    2     THE VICE CHANCELLOR
          THE KERALA UNIVERSITY OF HEALTH SCIENCES,
          MEDICAL COLLEGE CAMPUS,
          THRISSUR P.O.,
          THRISSUR,
          PIN - 680596

    3     THE BOARD OF ADJUDICATION OF STUDIES
          THE KERALA UNIVERSITY OF HEALTH SCIENCES,
          MEDICAL COLLEGE CAMPUS,
          THRISSUR P.O.,
          THRISSUR,
          PIN - 680596
          REPRESENTED BY ITS CHAIRMAN
          (PRO-VICE CHANCELLOR,
          KERALA UNIVERSITY OF HEALTH SCIENCES)
 WP(C) NO. 40595 OF 2023
                               2



    4     THE PRINCIPAL
          KOZHIKODE MEDICAL COLLEGE,
          MAVOOR ROAD, ATHOLI,
          CALICUT, PIN - 673008

          BY ADV P.SREEKUMAR

          SMT. NISHA BOSE. SR.GOVT.PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40595 OF 2023
                                    3



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No.40595 of 2023
                --------------------------------------------
               Dated this the 8th day of December, 2023

                              JUDGMENT

The petitioner has prayed for indulgence of this Court for

consideration of the case sympathetically and to condone the lack of

attendance. The petitioner is the first semester MBBS student and

due to lack of attendance, he will not be able to appear for the SAY

examination. It is stated that he has submitted a request through

the Principal before the Board of Adjudication of Studies which looks

into the grievances of the students and no orders have been issued

so far. The counsel for the University submits that even if the Board

is to look into it, the Board does not have any power to condone the

lack of attendance, which is prescribed.

In such situation, no positive directions can be issued in this

writ petition. The writ petition fails and is dismissed.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 40595 OF 2023

APPENDIX OF WP(C) 40595/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 4TH RESPONDENT DATED NIL

Exhibit P2 A TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE GOVERNMENT DISTRICT HOSPITAL, KANNUR DATED 27/04/2022

Exhibit P3 A TRUE COPY OF THE ALLOTMENT MEMO ISSUED BY THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATION DATED 26/10/2022

Exhibit P4 A TRUE COPY OF THE REQUEST ALONG WITH THE MEDICAL CERTIFICATE SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 04/11/2023

Exhibit P5 A TRUE COPY OF THE FORWARD LETTER ISSUED BY THE 4TH RESPONDENT DATED 07/11/2023

Exhibit P6 A TRUE COPY OF THE REQUEST FILED BY THE PETITIONER WHICH IS ENCLOSED WITH THE RECEIVED SEAL BY THE UNIVERSITY DATED 1/12/2023