Afeefa K vs State Of Kerala
2023 Latest Caselaw 13735 Ker

Kerala High Court

Afeefa K vs State Of Kerala on 26 December, 2023

Author: P Gopinath

Bench: P Gopinath

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
                                    &
                   THE HONOURABLE MR. JUSTICE G.GIRISH
          Tuesday, the 26th day of December 2023 / 5th Pousha, 1945
                             WA NO. 2010 OF 2023
    AGAINST JUDGMENT DATED 19/10/2023 IN WP(C) 25492/2023 OF THIS COURT
APPELLANT(S)/PETITIONERS 52 TO 61:

  1. AFEEFA K., AGED 22 YEARS, KOLAKKADAN(H), ALANALLURPO, PALAKKAD, PIN
     - 678601.

AND 9 OTHERS.

BY ADVS. M/S. RAHUL SASI, NEETHU PREM, P. ARDRA MENON & ALFIN NADARSHAW

RESPONDENT(S)/RESPONDENTS 1 TO 17 AND PETITIONERS 1 TO 51 AND 62 TO 76:

  1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
     SECRETARIAT, THIRUVANANTHAPURAM, PIN - 682031.

AND 82 OTHERS.

BY GOVERNMENT PLEADER FOR R1

STANDING COUNSEL SRI. P. SREEKUMAR FOR R2

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents to allow the appellants herein to attend 4th
year classes and direct the 2nd respondent University to declare the
results of the 3rd year examinations attended by these appellants on basis
of the interim order dated 14.08.2023 of this Hon'ble Court, so as to
secure the ends of justice.
     This Writ Appeal again coming on for orders along with connected
case on 26/12/2023, upon perusing the appeal memorandum and this Court's
order dated 21/11/2023, the Court on the same day passed the following:
                    GOPINATH.P & G. GIRISH, JJ.
                  --------------------------------------------
                  W.A Nos.1955 & 2010 of 2023
                  --------------------------------------------
                 Dated this the 26th day of December, 2023

                                 ORDER

Gopinath.P, J.

In the light of the interim order passed by this Court dated

22.12.2023 in W.A Nos.1994, 1995 & 2146 of 2023, we are of the

opinion that the appellants in these cases are also entitled to a similar

interim order.

2. The learned Standing Counsel appearing for the Kerala

University of Health Sciences, would submit that the contention taken

that the University had not kept the portal open is wrong and the

college could not upload the registration particulars of the appellants

for the examination, on account of shortage of attendance. However, he

submits that in the light of the interim order in W.A Nos.1994, 1995 &

2146 of 2023, the appellants can also be granted a similar interim

order.

3. Accordingly, there will be an interim order, directing that

the appellants shall be permitted to write the third year Pharm.D

Supplementary Examinations, provisionally, subject to the outcome of

W.A Nos.1955 & 2010 of 2023

the Writ Appeals.

Post along with W.A No.1984/2023 and connected cases.

Sd/-

GOPINATH.P, JUDGE

Sd/-

G. GIRISH, JUDGE

vgd

26-12-2023 /True Copy/ Assistant Registrar