Dr. Dilruba Shareef vs Kerala University Of Health ...
2023 Latest Caselaw 7632 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
       THE HONOURABLE THE ACTING CHIEF JUSTICE MR. ALEXANDER THOMAS
                                    &
                THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
           Friday, the 14th day of July 2023 / 23rd Ashadha, 1945
                             WA NO. 1294 OF 2023

 AGAINST THE JUDGMENT   DATED 07.07.2023 IN WP(C) 20907/2023 OF THIS COURT

APPELLANT/PETITIONER:

     DR. DILRUBA SHAREEF, AGED 29 YEARS, W/O DR. CAPTAIN ABDURAHMAN
     CHEELATH, ROOM NO.206, PG QUARTERS, TRAVANCORE MEDICAL COLLEGE,
     KOLLAM- 691589

      DR. DILRUBA SHAREEF ( Party in person )

RESPONDENTS/RESPONDENTS:

  1. KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR,
     MEDICAL COLLEGE, P.O, THRISSUR- 680596
  2. DEAN, STUDENT AFFAIRS, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
     COLLEGE, P.O, THRISSUR-680596
  3. THE PRINCIPAL, TRAVANCORE MEDICAL COLLEGE, N.H. BYPASS ROAD,
     UMAYANALLOOR P.O., KOLLAM- 691589
  4. TRAVANCORE MEDICAL COLLEGE, REPRESENTED BY ITS DEAN, N.H. BYPASS
     ROAD, UMAYANALLOOR P.O., KOLLAM-691589


     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 3rd and 4th respondents to accept the application and
examination fees for the Medical Post-Graduate examinations from the
appellant and further direct the 1st respondent to provisionally permit
the appellant to appear for the Medical Post-Graduate examinations
commencing on 19.07.2023, subject to the outcome of the writ appeal.

     This Writ Appeal coming on for orders on 14.07.2023 upon perusing
the Appeal Memorandum, the court on the same day passed the following:
 ALEXANDER THOMAS, Acg. C.J. & C.JAYACHANDRAN, J.
   -----------------------------------------------------------------------
                          W.A.No.1294 of 2023
   [arising out of judgment dated 07.07.2023 in W.P.(C).No.20907 of 2023]
   --------------------------------------------------------------------------
                   Dated this the 14th day of July, 2023


                                  ORDER

Notices before admission for R1 and R2 have been taken by

Sri.P.Sreekumar, the learned Standing Counsel for the Kerala

University of Health Sciences and notices before admission for R3

and R4 have been taken by Sri.C.M.Saneer, learned Advocate. The

appellant appeared in person. We heard the learned Standing

Counsel appearing for R1 and R2 as well as the learned Advocate

appearing for R3 and R4.

2. The main case set up by the appellant in this case is that,

she had adequate attendance to be eligible in order to appear for the

MD, Radio-diagnosis, 3rd year examination, to be conducted by the 1st

respondent/Kerala University of Health Sciences, which is now

scheduled to be held on 19.07.2023 and that the adequacy of

attendance is evident from Ext.P9(2), which is the attendance register

forwarded by the Head of the Department and endorsed in Ext.P9(1).

Sri.P.Sreekumar, learned Standing Counsel appearing for the

respondent/Kerala university of Health Sciences, would submit that

the Controller of Examinations of the University will ensure that the WA.1294/2023 ..2..

respondent/College authorities would appear before the Controller

with all the relevant records - attendance and leave details of the

appellant in the College - and will meticulously examine as to whether

the appellant has sufficient attendance, in order to be eligible to appear

for the present examination and that, if the Controller is satisfied, he

may take necessary action to ensure that permission is granted by the

University to the appellant to appear in the said examination, which is

to be conducted by the University on 19.07.2023 and further that, if

the appellant so desires, she can also appear in person before the

Controller of Examinations, while the matter is ascertained from the

respondent/College authorities or the appellant can appear through

online mode, for which adequate arrangement can be made, if she

conveys prior intimation to the University. The parties concerned will

have to appear before the University, Controller of Examinations, at

10.30 am on 15.07.2023 (Saturday) and appropriate decision will be

taken by the Controller immediately thereafter and the matter will be

reported before this Court on the next posting date, namely, on

18.07.2023 (Tuesday). The appellant and the respondent/College

authorities will render necessary co-operation to the

respondent/University Controller of Examinations for resolving this

issue. The learned Standing Counsel appearing for R1 and R2 and the WA.1294/2023 ..3..

learned counsel appearing for R3 and R4 will intimate the respective

parties about this direction and they need not wait for the issuance of

the certified copies of this order, as it may take some time.

List the Writ Appeal on 18.07.2023.

Hand over.

Sd/-

ALEXANDER THOMAS ACTING CHIEF JUSTICE

Sd/-

C.JAYACHANDRAN JUDGE

Mrcs