Ardra Sudheer vs Megha Shaji
2023 Latest Caselaw 13742 Ker

Kerala High Court

Ardra Sudheer vs Megha Shaji 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. 1955 OF 2023



    AGAINST JUDGMENT DATED 19/10/2023 IN WP(C) 25492/2023 OF THIS COURT

  APPELLANTS/PETITIONERS 28 TO 33:


  1. ARDRA SUDHEER, AGED 21 YEARS, D/O. SAJITHA, PANANGOD, VENGANUR.P.O.,


  THIRUVANANTHAPURAM, PIN - 695527.

  AND 5 OTHERS.



  BY ADVS. M/S. ELVIN PETER P.J., K.R. GANESH, GOURI BALAGOPAL &


  SREELEKSHMI A.S.



  RESPONDENTS/PETITIONERS 1 TO 27 AND 34 TO 76 AND RESPONDENTS 1 TO 17:


  1. MEGHA SHAJI, D/O. SHAJI.E.K., EDAPPATTIL, PUTHENCRUZ.P.O.,


  MONAPPILLY, KUNNATHUNAD, ERNAKULAM, PIN - 682308.

  AND 86 OTHERS.



  BY GOVERNMENT PLEADER FOR R71 AND


  ADV. SRI. P. SREEKUMAR FOR R72.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to issue a direction directing the respondents to allow the appellants to
attend the classes for the 3rd year course and also to declare the result
of the 3rd year examination attended by the appellants on the basis of the
interim direction of this Hon'ble Court on 14.08.2023.


     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 13/11/2023, 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