Basil Syam vs Kerala University Of Health ...
2023 Latest Caselaw 1386 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
 FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                 WP(C) NO. 34443 OF 2019
PETITIONER/S:

         BASIL SYAM
         AGED 28 YEARS
         S/O BABY JOSEPH,THOTTAPPADAN
         HOUSE,ALLAPARA.P.O,PERUMBAVOOR,
         ERNAKULAM,PIN-683556.
         BY ADVS.
         BABU CHERUKARA
         SRI.P.ANTO THOMAS
         SHRI.MATHEW C.T
         SHRI.KIROSH RAJAN PONNAMBIL


RESPONDENT/S:

    1    KERALA UNIVERSITY OF HEALTH SCIENCES
         REPRESENTED BYITRS REGISTRAR,MEDICAL COLLEGE.P.O,

         THRISSUR DISTRICT-680596.
    2    THE VICE CHANCELLOR,
         THE KERALA UNIVERSITY OF HEALTH SCIENCES,MEDICAL
         COLLEGE.P.O,
         THRISSUR DISTRICT-680596.
    3    THE CHAIRMAN,
         BOARD OF ADJUDICATION,GRIEVANCE CELL,
         THE KERALA UNIVERSITY OF HEALTH SCIENCES,MEDICAL
         COLLEGE.P.O, THRISSUR DISTRICT,PIN-680596.
    4    THE CONTROLLER OF EXAMINATIONS,
         KERALA UNIVERISTY OF HEALTH SCIENCES, MEDICAL
         COLLEGE.P.O., THRISSUR DISTRICT-680596.
    5    THE ACADEMIC COUNCIL,
         KERALA UNIVERSITY OF HEALTH SCIENCES,
         MEDICAL COLLEGE.P.O, THRISSUR DISTRICT-680596.
    6    DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE,
         REPRESENTED BY ITS PRINCIPAL,P.B.NO.1,
         CHOTTANIKKARA,ERNAKULAM DISTRICT-682312.
         BY ADV SMT.R.RANJANIE
 W. P. (C) No. 34443 of 2019
                                   -2-


OTHER PRESENT:

              R1 - SRI.P.SREEKUMAR,SC


       THIS     WRIT    PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON    20.01.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 34443 of 2019
                                     -3-




                              JUDGMENT

This writ petition is filed by the petitioner seeking the following

reliefs:-

"a) Call for the records leading to Exhibit- P5 order and on issuing a writ of certiorari or any other appropriate writ or order to quash the same;

b) Call for the records leading to the decision of the academic council mentioned in Exhibit- P7 (a) as "In double valuation system for P G courses (Wherever applicable) and for all UG course, with regard to 3rd valuation where there is a difference of more than 15% of the total marks in the paper (QP Code Wise) between the two valuations (provided that the marks obtained for any one of the valuation is 35% or above of the total marks), the average of the highest two marked will be taken as final mark" and on issuing a writ of certiorari or any other appropriate writ or order to quash the same;

c) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to allow the revaluation of the petitioner's answer sheet in the subject Pathology and Microbiology Papers I and II of 2nd professional supplementary W. P. (C) No. 34443 of 2019

examination of May 2019 in BHMS Course conducted by Kerala University of Health Sciences."

2. According to the petitioner, petitioner was provided with a

chance to attend the Pathology and Microbiology papers I and II

examinations of 2nd professional in the 2010 batch of BHMS course of

the Kerala University of Health Sciences, the 1 st respondent. Petitioner

has also produced Exts. P2 and P3 tabulation sheets. The case

projected by the petitioner is that petitioner is not declared passed in

the examination as he could not obtain 50% in both the papers out of

200 in the double valuation effected. It is also the case of the petitioner

that petitioner is of the opinion that petitioner would get more marks

than that is awarded by the valuers and therefore necessary direction

may be issued to the University to conduct revaluation of the papers.

3. Admittedly, petitioner has filed this writ petition knowing

very well that since double valuation is provided by the University and

revaluation is prohibited, University will not consider any request for

revaluation. Anyhow, it is submitted by learned counsel for the

University that there is bar created as per the University Regulations /

Rules, thus preventing a candidate from participating in a course if W. P. (C) No. 34443 of 2019

double the course period is over. Admittedly, petitioner has joined the

course in the year 2010 but could not pass even in the year 2022.

4. However, learned counsel for the petitioner Sri. Babu

Cherukara submitted that since adverse situations were prevailing in

the community due to Covid - 19 pandemic, the said period has to be

excluded. It is also pointed out that various orders are issued by the

Hon'ble Apex Court as well as the State Government to exclude the

period for the purpose of calculation of any limitation prescribed in

any statutory laws and other prohibitions created. Learned counsel has

also submitted that the petitioner is not pursuing the remedy sought for

in the writ petition for revaluation of the already double valued paper.

Therefore, after having heard learned counsel for the petitioner

Sri. Babu Cherukara and Smt. R. Ranjanie appearing for the Dr. Padiar

Memorial Homeopathic College, the 6 th respondent, this writ petition is

disposed of leaving open the liberty of the petitioner to approach the

Kerala University of Health Sciences with appropriate representation

seeking to pursue the course in question. If any such application is

filed, I have no reason to think that the University will not consider the W. P. (C) No. 34443 of 2019

same also taking into account the pandemic situation and the orders

passed by the Hon'ble Apex Court as well as the State Government to

condone the limitations / any prohibition for pursuing any action.

Accordingly, writ petition is disposed of.

Sd/-

SHAJI P. CHALY JUDGE

Eb

///TRUE COPY///

P. A. TO JUDGE W. P. (C) No. 34443 of 2019

APPENDIX OF WP(C) 34443/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROVISIONAL MARK LIST ISSUED BY THE 1ST RESPONDENT UNIVERSITY DATED 16/08/2019.

EXHIBIT P2 TRUE COPY OF THE MARK TABULATION SHEET OF PAPER-1 WITH CODE NO.202004 OF THE PETITIONER EXHIBIT P3 TRUE COPY OF THE MARK TABULATION SHEET OF PAPER-2 WITH CODE N0.203004 OF THE PETITIONER EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 30.09.2019 SUBMITTED BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE ORDER NO U.O.NO.342/2019/DEAN SA/A/KUHS DATED 22/10/2019 EXHIBIT P6 TRUE COPY OF THE TIME TABLE FOR THE THIRD BHMS DEGREE SUPPLMENTARY (2010 SCHEME EXAMINATIONS DECEMBER 2019 DATED 2/12/2019) EXHIBIT P7 TRUE COPY OF ORDER KUHS/EXAM /GEN/5358/AC/2015(4)DATED 24.10.2016. EXHIBIT P7(A) RELEVANT PORTION OF DECISION OF THE ACADEMIC COUNCIL IN IT'S 13TH MEETING.