Kerala High Court
Annritta Satheesh Daniel vs Controller Of Examinations on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 19TH DAY OF OCTOBER 2023/27TH ASWINA, 1945
WP(C) NO. 18576 OF 2023
PETITIONERS:
1 IQUJAKRISHNA.K.SANTHOSH
AGED 24 YEARS, D/O SANTHOSH.T,
KOUSTHUBHAM (H), KATTAPPANA P.O.,
PARAKADAVU, IDUKKI, PIN - 685508
2 MANJIMA AJAYAN, AGED 24 YEARS,
MANJIMA BHAVAN, AGASTHYACODE ANCHAL P.O.,
KOLLAM DISTRICT, PIN - 691306
BY ADVS. P.S.ABDUL KAREEM
NAZIF K.N.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF
SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O.,
THISSUR., PIN - 680596
3 THE PRINCIPAL KVM COLLEGE OF PHARMACY,
MARUTHORVATTOM, MUTTATHIPARAMBU, CHERTHALA P.O.,
ALAPPUZHA., PIN - 688527
BY ADVS. P.SREEKUMAR-R2
SABU GEORGE-R3
P.B.KRISHNAN(K/1193/1994)
P.B.SUBRAMANYAN(K/1145/2009)
MANU VYASAN PETER(K/000652/2013)
N.R.SANGEETH RAJ, GOVERNMENT PLEADER
W.P.(C) No.18576/2023 & connected cases
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).20208/2023,
25492/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.18576/2023 & connected cases
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 19TH DAY OF OCTOBER 2023/27TH ASWINA, 1945
WP(C) NO. 20208 OF 2023
PETITIONER:
ANNRITTA SATHEESH DANIEL,
AGED 21 YEARS, D/O SHRI SATHEESH DANIEL,
THAYYIL KONNAYIL, KAIPPATTOOR. P.O.,
PATHANAMTHITTA, PIN - 689648,
4TH YEAR PHARM D STUDENT,
PUSHPAGIRI COLLEGE OF PHARMACY,
THIRUVALLA, PATHANAMTHITTA
BY ADVS.
PREEJA V.P.
PREMCHAND R NAIR
GEORGE BRISTON
V.P.PRASANTH
VARSHA S.
GEORGE POONTHOTTAM (SR.)(K/000570/1979)
RESPONDENTS:
1 CONTROLLER OF EXAMINATIONS,
KERALA UNIVERSITY OF HEALTH AND SCIENCE,
MEDICAL COLLEGE P O, THRISSUR,
KERALA,, PIN - 680010
2 THE REGISTRAR,
KERALA UNIVERSITY OF HEALTH AND SCIENCE,
THRISSUR, KERALA,, PIN - 680010
3 THE PRINCIPAL PUSHPAGIRI COLLEGE OF PHARMACY,
PERUMTHURUTHY, THIRUVALLA, PATHANAMTHITTA,,
PIN - 689701
BY ADV P.SREEKUMAR- R1 & R2
W.P.(C) No.18576/2023 & connected cases
:4:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).18576/2023 AND
CONNECTED CASES AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.18576/2023 & connected cases
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 19TH DAY OF OCTOBER 2023/27TH ASWINA, 1945
WP(C) NO. 25492 OF 2023
PETITIONERS:
1 MEGHA SHAJI,
AGED 22 YEARS
D/O SHAJI.E.K, EDAPPATTIL, PUTHENCRUZ PO,
MONAPPILLY, KUNNATHUNAD,
ERNAKULAM., PIN - 682308
2 HANNA MATHEW,
AGED 21 YEARS, D/O MATHEW THOMAS, UTHIYAKKARA
AIKKARAKKUDY, VENGOLA PO, ARAKKAPPADY,
KUNNATHUNAD, ERNAKULAM., PIN - 683556
3 SAMA FATHIMA,
AGED 22 YEARS, D/O MUHAMMED HAZEER, MADATHIL,
1ST MILE, KANJIRAPPALLY, KOTTAYAM.,
PIN - 686507
4 JEEVAN JOSEPH JAISON,
AGED 22 YEARS,
S/O JAISON JOSEPH, THOTTUVELIL HOUSE,
MACHIPPLAVU PO, ADIMALI, IDUKKI., PIN - 685561
5 AMEEN LABBA N,
AGED 22 YEARS, S/O NISAMUDHEEN LABBA S,
KANIYANTE PADEETTATHILM (H), THAZHAVA PO,
KOLLAM., PIN - 690523
6 AMALJITH P,
AGED 21 YEARS, S/O PRADEEP KV,
KUZHIVILAPUTHANVEEDU, VAMANAPURAM PO,
NEDDUMANGAD, THIRUVANANTHAPURAM., PIN - 695606
7 MISHAL HARSHAD,
AGED 22 YEARS, MUHAMMED HARSHAD, KETTIDATHIL
VEEDU, CHANDANATHOPE PO, PERINAD,
KOLLAM., PIN - 691014
8 ANGEL MARY KG,
AGED 22 YEARS, D/O GEORGEKUTTY KD, KOONATHAN
(H), KOOVAPPADY PO, PERUMBAVUR,
ERNAKULAM., PIN - 683544
W.P.(C) No.18576/2023 & connected cases
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9 JOEL PAUL SJ,
AGED 22 YEARS, S/O JOB SP,
SRAMBIKKAL HOUSE, VADAKKEKARA PO, PARAVUR,
ERNAKULAM., PIN - 683513
10 JASIM SHARAF,
AGED 22 YEARS, S/O ASHARAF,
CHENAKKA PARAMBIL (H), KANMANAM PO,
MALAPPURAM., PIN - 676551
11 ANJALA SHERIN AK,
AGED 21 YEARS, D/O MUNEER AK, AYYAPAN KANDI
HOUSE, CHEVAYUR PO, KOZHIKODE., PIN - 673017
12 NIDHA SALEEM,
AGED 22 YEARS, D/O MUHAMMED SALEEM,
VADAKKUVEETIL HOUSE, PUKKOTTOOR PO,
MALAPPURAM., PIN - 676517
13 MUHAMMED AZIN,
AGED 21 YEARS, S/O SAMEERA, PANNIKKANDATHIL (H),
KOTTILLATAHPPADAM, TIRUR PO,
MALAPPURAM., PIN - 676101
14 ARDHRA ARAVINDHAN,
AGED 21 YEARS, D/O R ARAVINDAKSHAN,
KOTTAYANKAD(H), ELAVANCHERY PO,
PALAKKAD., PIN - 678508
15 HANA HAIDER ALI,
AGED 22 YEARS, D/O HAIDER ALI, ERUMBATH HOUSE,
VADAKKANGARA PO, MALAPPURAM.,PIN - 679324
16 MEHJABIN,
AGED 21 YEARS, D/O ANWAR,
MATHILAKATH VEETIL (H), METHALA PO,
TRISSUR., PIN - 680669
17 AISHWARYA RAJESH,
AGED 21 YEARS, D/O RAJESH BABU TR,
PUTHUPARAMBIL (H), PUTHUSSERY PO,
PATHANAMTHITTA., PIN - 689602
18 VANI DEVI S,
AGED 21 YEARS, D/O SREEKUMAR K,
AMBIKA SADANAM, CHENGANNUR PO, ALAPPUZHA.,
PIN - 689121
19 SREELAKSHMI AK,
AGED 21 YEARS, D/O ASHOK KUMAR M, MANJATHARA(H),
KARUKUTTY PO, ERNAKULAM., PIN - 683576
20 MELVIN SAM MATHEW,
AGED 21 YEARS,
D/O SAM MATHEW, PANNAIKADAVIL,
KADAPRA MANNAR PO,
PATHANAMTHITTA., PIN - 689621
W.P.(C) No.18576/2023 & connected cases
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21 ANJALY MOHANDAS,
AGED 21 YEARS, D/O MOHANDAS, ATTUVATHALA (H),
THEKKEKARA PO, ALAPPUZHA., PIN - 688503
22 KRUPA TOMSON,
AGED 20 YEARS, D/O TOMSON, KAITHAPARAMBIL,
CHANGANASSERY, KOTTAYAM., PIN - 686101
23 REEMA ALEX AGED,
21 YEARS, D/O RIBU ALEX JOHN, CHORNATTU (H),
KAVIYOOR PO, PATHANAMTHITTA., PIN - 689582
24 ANUGRAHA MARIAM JAMES,
AGED 21 YEARS,
D/O PJ JAMES, KUTTANPURAYIL ANUGRAHA, PELA PO,
MAVELIKKARA, ALAPPUZHA., PIN - 690103
25 SANDRA ANNA ROY,
AGED 21 YEARS, D/O SHYNI ROY, THOPPILKALATHIL,
THIRUVALLA PO,
PATHANAMTHITTA., PIN - 689101
26 AMITHA RAJ AGED,
22 YEARS, D/O RAJAN,
KONDAPUTHUVAL KARTHIKAPALLY, MAHADEDIKADAL,
ALAPPUZHA., PIN - 690516
27 ALIN JOHN,
AGED 22 YEARS, D/O JOHN THOMAS,
ABIN VILLA, KALLELIBHAGAM PO,
KOLLAM., PIN - 690519
28 ARDRA SUDHEER,
AGED 21 YEARS, D/O SAJITHA,
PANANGOD, VENGANUR PO,
THIRUVANANTHAPURAM., PIN - 695527
29 VIBISHA VICTOR,
AGED 21 YEARS, D/O VICTOR,
DR NIVAS, DHANUVACHAPURAM PO,
THIRUVANANTHAPURAM., PIN - 695023
30 ALFEENA N,
AGED 22 YEARS, D/O NOUSHAD A,
VELIYIL PUTHAN VEEDU, THOTTAMALA PO,
KOLLAM., PIN - 691020
31 ANCY U,
AGED 21 YEARS, AJITH NIVAS, MUZHANGIL,
ANAVOOR PO, THIRUVANANTHAPURAM., PIN - 695124
32 NEHA DAMIAN MIRANDA,
AGED 21 YEARS, MERLYN HOUSE,
ST. DOMANIC VETTUCAUD, ST. XAVIERS COLLEGE PO,
THIRUVANANTHAPURAM., PIN - 695586
33 DARSHANA RADHIKA,
AGED 21 YEARS, RAGAM 11/1583, PAROTTUKONAM,
W.P.(C) No.18576/2023 & connected cases
:8:
NALANCHIRA PO,
THIRUVANANTHAPURAM., PIN - 695015
34 MOHSINA,
AGED 23 YEARS, D/O MOHAMED BASHEER, THAIKKATTU
PALLIYALIL, CHUNANGAD PO,
PALAKKAD., PIN - 679511
35 FARSANA PH,
AGED 21 YEARS, D/O HAFSAL PH,
PARIKUNNATH (H), KURKANCHERI PO,
THRISSUR., PIN - 680007
36 SWETHA KR,
AGED 22 YEARS, KEMABANUR,
MARATHAKKARA PO, THRISSUR., PIN - 680306
37 NASHAHATH SATHAR PA,
AGED 21 YEARS,
D/O ABDUL SATHAR PA, PUTHIYAVEETIL (H),
CHIRAKKAL KURUMPILAVU PO,
THRISSUR., PIN - 680564
38 HONEYSHA NK,
AGED 22 YEARS, D/O NAVANEETHAN,
21-1, CHINNANKINARU SANDHU, THIRUCHENGODU PO,
NAMAKKAL, TAMILNADU., PIN - 637211
39 MUHAMMED ADIL,
AGED 21 YEARS, S/O ABOOBACKER,
KUTHIRA PARAMBIL(H), THAVANUR PO,
MALAPPURAM., PIN - 679573
40 ARSHINA SHARIN KP,
AGED 22 YEARS, D/O ISMAIL,
7/563.BAITHULARSHINA(H), VELLIKULANGARA PO
MALAPPURAM., PIN - 673501
41 FATHIMA LIFA P P,
AGED 22 YEARS, D/O ANVARUDHEEN, PEEDIKAKANDI(H),
KUNIYIL, KEEZHUPARAMBA PO,
AREEKODE., PIN - 673639
42 HELNA ROSE CJ,
AGED 21 YEARS, D/O JOBY CF,
CHAZHOOR HOUSE, KOONAMUCHI PO,
THRISSUR., PIN - 680504
43 VENKATESH PRASAD R,
AGED 22 YEARS,
S/O RAMESH KUMAR, 1/168, EB COLONY,
SIVAKASI WEST, DEVARKULAM,VIRUDHUNAGAR,
TAMILNADU., PIN - 626124
44 JOEL JOSEPH DILEEP,
AGED 21 YEARS,
S/O DILEEP JOSEPH, 14/425,PUTHENPURACKAL(H),
W.P.(C) No.18576/2023 & connected cases
:9:
ARATTUVAZHI PO, ALAPPUZHA., PIN - 688007
45 JIA ELIZABETH JOHN,
AGED 22 YEARS,
D/O AJI DAVID JOHN, KANNIMEL THEKKEDATHU(H),
VAZHAMUTTOM EAST PO,
PATHANAMTHITTA., PIN - 689646
46 NIKHILA ANN BINOY,
AGED 21 YEARS,
D/O BINOY THOMAS BABY, VALIYAPARAMPIL(H),
VAKAYAR KONNI PO,PATHANAMTHITTA., PIN - 689698
47 SONA MANOJ,
AGED 22 YEARS, D/O MANOJ CHERIAN, PEEDIACKAL(H),
MANARCAUDU PO, KOTTAYAM., PIN - 686019
48 ELDO SAM,
AGED 21 YEARS, S/O SAM ABRAHAM,
VAZHAPPARAMBIL(H), VATHIKUDY THOPRAMKUDY PO,
IDUKKI., PIN - 685515
49 RITHA FATHIMA KM,
AGED 20 YEARS, D/O SHEREEF, KALLUMURIKKAL,
ANAKKARA PO, PALAKKAD., PIN - 679554
50 HELNA THOMAS,
AGED 21 YEARS, D/O THOMSON,
MAROKKEY (H), KOTTAPPADI PO,
THRISSUR., PIN - 680505
51 FATHIMAH NAHEEDA,
AGED 22 YEARS, D/O MUHAMMED SALIM,
THAZHATHETHIL (H) KARIMPUZHA PO,
PALAKKAD., PIN - 678595
52 AFEEFA K,
AGED 22 YEARS, KOLAKKADAN(H),
ALANALLURPO, PALAKKAD., PIN - 678601
53 SHEBIN K SHERIN,
AGED 21 YEARS, S/O SUSAN KOSHY,
KOCHU MUNDAKATHIL(H), THIRUVALLA PO
PATHANAMTHITTA., PIN - 689591
54 ANINDITA UNNIKRISHNAN,
AGED 21 YEARS
D/O UNNIKRISHNAN, PUTHUKUZHI(H),
KODUNTHIRAPULLY PO, PALAKKAD., PIN - 678004
55 KATHERINE MARIYA,
AGED 21 YEARS,
D/O JAMES CJ, CHOWALLOOR(H),
KUNNATHUMKARA PO, THRISSUR., PIN - 680655
56 JASEERA HIBA TK,
AGED 21 YEARS, D/O MOHAMMED KOYA, 1/713B,
W.P.(C) No.18576/2023 & connected cases
: 10 :
KACHINAM THODI(H), CHALATTY PO,
KOZHIKODE., PIN - 673027
57 SONA MANSOOR,
AGED 22 YEARS, D/O MANSOOR,
SONA COTTAGE(H) LIC JN, KAYANKULAM PO,
ALAPPUZHA., PIN - 690502
58 SRUTHI SARA BINU,
AGED 21 YEARS, PARACKAL(H)
SAM NAGAR PO, KULATHUPPUZHA,
KOLLAM., PIN - 691310
59 ARUNIMA SHAIBU,
AGED 22 YEARS, D/O SHAIBU PG,
POOPATH NIKARTH (H), KALAVUM KODUM PO,
VAYALAR, ALAPPUZHA., PIN - 688536
60 DONA MARIYA TJ, AGED 21 YEARS, D/O JOYICHAN,
THAREPARAMBIL(H), MUTTATHU PARAMBU PO,
CHERTHALA, ALAPPUZHA., PIN - 688527
61 APARNA S BIJU,
AGED 22 YEARS, D/O BIJU,
MADATHIL KIZHEKKATHIL, KALLELI BHAGOM PO,
KARUNAGAPPALLY, KOLLAM., PIN - 690519
62 ANJANA RAJ,
AGED 22 YEARS, D/O RAJAN MD,
MADATHILETHUTHADATHIL, ANTHIYALANKAVU PO,
PATHANAMTHITTA., PIN - 689549
63 MABEL AUGUSTINE,
AGED 22 YEARS, D/O AUGUSTINE M, MANNOOR,
KURINJI PO, KOTTAYAM., PIN - 686576
64 ANUGRAHA SARA ANUSH,
AGED 22 YEARS, D/O ANUSH ALEX, ANUSH BHAVAN
MELILA, KOTTARAKKARA PO,
KOLLAM., PIN - 691557
65 ANN MARIYA JOHN,
AGED 22 YEARS, D/O JOHN ANTONY,
PUTHENKARIYIL(H), MARUTHORVATTOM PO,
CHERTHALA, ALAPPUZHA., PIN - 688545
66 AYSHATHUL NOORA PK,
AGED 24 YEARS, POOZHIKUNNUMMAL,
TT ROAD, UNNIKULAM PO, KOZHIKODE., PIN - 673574
67 ASHISHA ANNU ABRAHAM,
AGED 21 YEARS,
D/O ABRAHAM REJI, KULATHUMKUZHIYIL(H),
VELLOOR PO, KOTTAYAM., PIN - 686501
68 NANDANA RS,
AGED 22 YEARS, D/O RAJEEV K NAIR, AMMAKRIPA
BHAGAVATHI NADA, VEDIVECHANKOVIL,
W.P.(C) No.18576/2023 & connected cases
: 11 :
THIRUVANANTHAPURAM., PIN - 695501
69 MS MOHA AGED,
22 YEARS, D/O V MADHAVANKUTTY, SREEMANGALAM,
KANKATHUMUKK, THIRUMULLAVARAM PO,
KOLLAM., PIN - 691012
70 AISHWARYA P,
AGED 22 YEARS, D/O PRASAD N,
LAKSHMI VIHAR, POTHAPPALLI VADAKKU,
KUMARAPURAM PO, ALAPPUZHA., PIN - 690548
71 RAHULJITH TP
AGED 22 YEARS, S/O CHANDRAN TP, THEKKEPPATTIL,
OZHUR PO, MALAPPURAM., PIN - 676307
72 SIDHIK K,
AGED 23 YEARS S/O ABDUL LATHEEF K,
KOTTAMPARA (H), EDAYUR,
MALAPPURAM., PIN - 676552
73 MERIN POUL ABRAHAM,
AGED 22 YEARS, D/O ABRAHAM GEORGE, NEERKUZHI
PUTHANVEEDU, KARTIKULAM PO,
THRISSILERY, WAYANAD., PIN - 670646
74 SHUAIB H AGED,
23 YEARS, S/O AH HAMSATH, MUTTIPARAVEEDU,
PARAKKONAM, PERINGAMALA PO,
THIRUVANANTHAPURAM., PIN - 695563
75 NEHA THAJUDDEEN,
AGED 22 YEARS,
D/O THAJUDDEEN RAHMAN, B1, ROSE GARDENS,
COMPANYMUKK, KOZHIKODE., PIN - 673601
76 MOHAMED SHAMEEM PK,
AGED 22 YEARS,
S/O ANWAR SADATH PK, PARUTHIKUNNAN (H), KLARI,
EDARIKKODE PO, MALAPPURAM., PIN - 676501
BY ADVS. P.S.ABDUL KAREEM NAZIF K.N.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE CONTROLLER OF EXAMINATIONS KERALA
UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O.,
THRISSUR, PIN - 680596
W.P.(C) No.18576/2023 & connected cases
: 12 :
3 NIRMALA COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, MUVATTUPUZHA,
ERNAKULAM., PIN - 686661
4 THE DALE VIEW COLLEGE OF PHARMACY AND RESEARCH
CENTRE REP. BY IT'S PRINCIPAL, PUNALAL PO,
PUVACAHAL, THIRUVANANTHAPURAM., PIN - 695575
5 ST.JAMES COLLEGE OF PHARMACEUTICAL SCIENCES
REP. BY IT'S PRINCIPAL, ST.JAMES MEDICAL
ACADEMY, CHALAKUDY, THRISSUR., PIN - 680307
6 JAMIA SALAFIYA PHARMACY COLLEGE
REP. BY IT'S PRINCIPAL, PULIKKAL,
MALAPPURAM., PIN - 673637
7 AL SHIFA COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, POONTHAVANAM PO,
KIZHATHUR, MALAPPURAM., PIN - 679325
8 NAZARETH COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, OTHERA PO, THIRUVALLA,
PATHANAMTHITTA., PIN - 689546
9 PUSHPAGIRI COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, PUSHPAGIRI MEDICITY
CAMPUS, PERUMTHURUTHY PO, THIRUVALLA,
PATHANAMTHITTA., PIN - 689107
10 KVM COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, KOKKOTHAMANGALAM PO,
CHERTHALA, ALAPPUZHA., PIN - 688527
11 EZHUTHACHAN COLLEGE OF PHARMACEUTICAL SCIENCES
REP. BY IT'S PRINCIPAL, MARAYAMUTTOM,
THIRUVANANTHAPURAM., PIN - 695124
12 NEHRU COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, PAMPADY,
THIRUWILAMALA, THRISSUR., PIN - 680588
13 NATIONAL COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, MANASSERY, MUKKOM,
KOZHIKODE., PIN - 673572
14 GRACE COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL,
KODUTHIRAPPULLY PO, PALAKKAD., PIN - 678004
15 ST.JOSHEPH'S COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, DHARMAGIR COLLEGE
CAMPUS, NAIPUNNYA ROAD, CHERTHALA,
ALAPPUZHA., PIN - 688524
16 KTN COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, CHALVARA,
PULIYANAMKUNNU PO, OTTAPALAM,
PALAKKAD., PIN - 679505
17 SREE KRISHNA COLLEGE OF PHARMACY AND RESEARCH
W.P.(C) No.18576/2023 & connected cases
: 13 :
CENTRE REP. BY IT'S PRINCIPAL, PARASSALA,
THIRUVANANTHAPURAM., PIN - 695602
BY ADVS. P.SREEKUMAR -R2
GEORGE JACOB (JOSE)
N.R. SANGEETH RAJ-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).18576/2023 AND
CONNECTED CASES AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.18576/2023 & connected cases
: 14 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 19TH DAY OF OCTOBER 2023/27TH ASWINA, 1945
WP(C) NO. 26271 OF 2023
PETITIONER:
DYUTHISREE. K.C, AGED 20 YEARS,
PHARM. D -STUDENT(2020ADMISSION)
DEVAKI AMMA COLLEGE OF PHARMACY,
CHELAMBRA, MALAPPURAM- 673631
BY ADVS. T.P.PRADEEP
P.K. SATHEES KUMAR
R.K.PRASANTH
MINIKUMARY M.V.
JIJO JOSEPH
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL
COLLEGE P.O, THRISSUR, KERALA- 680 596
REPRESENTED BY IT'S REGISTRAR,
THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR,
KERALA, PIN - 680596
2 THE VICE CHANCELLOR,
THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR,
KERALA, PIN - 680596
3 THE CONTROLLER OF EXAMINATIONS
THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR,
KERALA, PIN - 680596
4 PHARMACY COUNCIL OF INDIA
COMBINED COUNCILS' BUILDING, TEMPLE LANE,
KOTLA ROAD, AIWAN-E GHALIB MARG,
POST BOX NO.7020, NEW DELHI- 110 002,
REPRESENTED BY ITS PRESIDENT
5 THE PRINCIPAL, DEVAKI AMMA COLLEGE OF PHARMACY,
CHELAMBRA, MALAPPURAM, PIN - 673631
W.P.(C) No.18576/2023 & connected cases
: 15 :
BY ADVS.SRI.P.SREEKUMAR, STANDING COUNSEL
SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).18576/2023 AND
CONNECTED CASES AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.18576/2023 & connected cases
: 16 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 19TH DAY OF OCTOBER 2023/27TH ASWINA, 1945
WP(C) NO. 27126 OF 2023
PETITIONERS:
1 JASMI, AGED 23 YEARS, D/O. JALALUDEEN.E,
RESIDING AT JASMI MANZIL, ADAYARA,
OYOOR (PO), VELINALLOOR VILLAGE,
KOTTARAKKARA TALUK,
KOLLAM DISTRICT., PIN - 691510
2 S.SHIFANA YASMIN, AGED 20 YEARS,
D/O. A.SHAHUL HAMEED, RESIDING AT "SHAHANA'S",
H. NO. 16/15, VELIYAPALLY THERU, THENGAPATTANAM,
KANYAKUMARY. TAMILNADU., PIN - 629173
BY ADVS. R.O.MUHAMED SHEMEEM
NASEEHA BEEGUM P.S.
RESPONDENTS:
1 SREE KRISHNA COLLEGE OF PHARMACY AND RESEARCH
CENTRE PARASSALA,
THIRUVANATHAPURAM, PIN - 695602
REPRESENTED BY ITS PRINCIPAL.
2 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE (PO),
THRISSUR., PIN - 680596
3 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
BY ADVS.SRI.P.SREEKUMAR, STANDING COUNSEL-R2
SRI.N.R.SANGEETH RAJ, GOVERNMENT PLEADER
W.P.(C) No.18576/2023 & connected cases
: 17 :
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).18576/2023 AND
CONNECTED CASES AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.18576/2023 & connected cases
: 18 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 19TH DAY OF OCTOBER 2023/27TH ASWINA, 1945
WP(C) NO. 30768 OF 2023
PETITIONER:
ASWATHI SAJI, AGED 22 YEARS, D/O SAJI V.N,
VAZHAPPOLAYIL HOUSE, EZHAKKARANAD NORTH P.O,
PUTHENCURIZ(VIA), ERNAKULAM DISTRICT, PIN -
692308
BY ADVS. K.JAGADEESH
V.RENJU
NIKHEL K GOPINATH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O,
THRISSUR DISTRICT, PIN - 680596
3 THE REGISTRAR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
THRISSUR, PIN - 680596
4 THE PRINCIPAL, NIRMALA COLLEGE OF PHARMACY,
NIRMALA HILLS, MUVATTUPUZHA P.O,
ERNAKULAM DISTRICT, PIN - 686661
BY ADVS. N.R.SANGEETH RAJ, GOVERNMENT PLEADER
SRI.SHYSON P MANGUZHA-R4
SRI.P.SREEKUMAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).18576/2023 AND
CONNECTED CASES AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.18576/2023 & connected cases
: 19 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 19TH DAY OF OCTOBER 2023/27TH ASWINA, 1945
WP(C) NO. 30793 OF 2023
PETITIONER:
ANEETA BAIJU, AGED 23 YEARS, D/O BAIJU SKARIYAL,
KALLOLICKAL HOUSE, KOOTHATTUKULAM PO, KOZHIPPILLY,
ERNAKULAM DISTRICT., PIN - 686662
BY ADVS. K.JAGADEESH
V.RENJU
NIKHEL K GOPINATH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE CONTROLLER OF EXAMINATIONS,
KERALA UNIVERSITY OF HEALTH SCIENCE,
MEDICAL COLLEGE PO,
THRISSUR DISTRICT, PIN - 680596
3 THE REGISTRAR, KERALA UNIVERSITY OF HEALTH
SCIENCES, THRISSUR, KERALA., PIN - 680596
4 THE PRINCIPAL, NIRMALA COLLEGE OF PHARMACY,
NIRMALA HILLS, MUVATTUPUZHA PO,
ERNAKULAM DISTRICT., PIN - 686661
BY ADVS. SHYSON P.MANGUZHA BIJU GEORGE(B-249)
PAUL S. MANGUZHA(K/1698/2022)
AUGUSTUS S. MANGUZHA(K/1258/2022)
SMT.SEENA.C.-GOVERNMENT PLEADER
SRI.P.SREEKUMAR-STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).18576/2023 AND
CONNECTED CASES AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.18576/2023 & connected cases
: 20 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 19TH DAY OF OCTOBER 2023/27TH ASWINA, 1945
WP(C) NO. 30824 OF 2023
PETITIONER:
SANDRA SAJEEVAN, AGED 22 YEARS, D/O SAJEEVAN,
MUKULATH HOUSE, EDATHALA PO, PUKKATTUPADY,
ERNAKULAM DISTRICT, KERALA, PIN - 683561
BY ADVS. K.JAGADEESH
V.RENJU
NIKHEL K GOPINATH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE PO,
THRISSUR DISTRICT., PIN - 680596
3 THE REGISTRAR, KERALA UNIVERSITY OF HEALTH
SCIENCES, THRISSUR, KERALA ., PIN - 680596
4 THE PRINCIPAL,
ST.JAMES COLLEGE OF PHARMACEUTICAL SCIENCE,
CHALAKUDY, THRISSUR DISTRICT., PIN - 680307
BY ADVS. JITHIN BABU A
CLEMANCE ANTO GRACE
THOTTAPPILLY(K/862/1990)
ARUN SAMUEL(K/940/2016)
P.SREEKUMAR-R2 AND R3
N.R.SANGEETH RAJ-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).18576/2023 AND
CONNECTED CASES AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.18576/2023 & connected cases
: 21 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 19TH DAY OF OCTOBER 2023/27TH ASWINA, 1945
WP(C) NO. 30905 OF 2023
PETITIONERS:
1 GLAISTY P PAUL, AGED 23 YEARS, D/O PAUL P A
PURATHUR HOUSE, P.O ENGANDIYUR,
THRISSUR, KERALA, PIN - 680615
2 KAVYA SCARIA, AGED 23 YEARS, D/O SHIBU MATHEW
KUMPILUVELIL HOUSE, CHUNKAPPARA P.O,
PATHANAMTHITTA DISTRICT, PIN - 686547
3 SHAHAN.K, AGED 24 YEARS, S/O IBRAHIM, KUTTEERI
(H), PUKKOOTH POOLAMANNA (PO) MALAPPURAM,
KERALA, PIN - 679327
4 RAMZANA ABDUL RASHEED, AGED 23 YEARS,
D/O ABDUL RASHEED, RASHEED SALEENA VILLA,
SREEYAS JN., KALLARA,
THIRUVANANTHAPURAM, PIN - 695608
5 JEEVA R CHANDRAN, AGED 24 YEARS,
D/O RAMACHANDRAN (LATE)
LAVANYA PEROORKARAZHMA,
CHARUMMOODU( PO), ALAPPUZHA, PIN - 690505
BY ADVS. P.S.ABDUL KAREEM
AFTHABUDHEEN P.K
NAZIF K.N.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF
SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR, PIN - 680596
3 ST.JOSHEPH'S COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, DHARMAGIR COLLEGE CAMPUS,
NAIPUNNYA ROAD, CHERTHALA,
ALAPPUZHA., PIN - 688524
W.P.(C) No.18576/2023 & connected cases
: 22 :
4 KVM COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, KOKKOTHAMANGALAM PO,
CHERTHALA, ALAPPUZHA., PIN - 688527
5 JAMIA SALAFIYA PHARMACY COLLEGE
REP. BY IT'S PRINCIPAL, PULIKKAL,
MALAPPURAM., PIN - 673637
6 THE DALE VIEW COLLEGE OF PHARMACY AND RESEARCH
CENTRE REP. BY IT'S PRINCIPAL, PUNALAL PO,
PUVACAHAL, THIRUVANANTHAPURAM., PIN - 695575
7 KTN COLLEGE OF PHARMACY
REP. BY IT'S PRINCIPAL, CHALVARA, PULIYANAMKUNNU
PO, OTTAPALAM, PALAKKAD, PIN - 679505
BY ADVS.SMT.SEENA.C., GOVERNMENT PLEADER
SRI.P.SREEKUMAR-R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, ALONG WITH WP(C).18576/2023 AND
CONNECTED CASES AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.18576/2023 & connected cases
: 23 :
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.18576, 20208, 25492, 26271,
27126, 30768, 30793, 30824 and 30905 of 2023
`````````````````````````````````````````````````````````````
Dated this the 19th day of October, 2023
JUDGMENT
~~~~~~~~~
Petitioners in all these writ petitions are students
pursuing Pham D Course in various Colleges affiliated to
Kerala University of Health Sciences. The writ petitions have
been filed seeking to direct the University to count certain
period of attendance of the petitioners or for identical and
incidental reliefs, so as to enable the petitioners to appear for
examinations to be conducted by the University.
2. The petitioners in W.P.(C) No.18576 of 2023 are
pursuing 4th year Pharm D. Course in KVM College of
Pharmacy at Cherthala. Pharm D. is a six year course
including five years of learning and one year of internship. As
per the regulations of the University, for promotion to 4 th year,
W.P.(C) No.18576/2023 & connected cases
a student should clear all the Papers in the 2 nd year. The
petitioners are of 2019 Batch. The Covid-19 pandemic
affected the structure of the Course and the 3 rd academic
year of 2019 Batch was very short from December, 2021 to
June, 2022 (7 months). The 4th year classes started early.
3. The petitioners state that the 4th year examination
was to start on 26.06.2023. Though the petitioners have
cleared all the 2nd year examinations and they had sufficient
attendance to appear for the 4th year examinations, the
College authorities informed the petitioners that their entire 4 th
year attendance cannot be counted and the attendance of 4 th
year can be counted only from the date of clearance of the 2 nd
year examinations, which is May, 2023. According to the
petitioners, other Colleges have counted the actual
attendance of the 4th year students.
4. The petitioner in W.P.(C) No.20208 of 2023 is a
Pharm D. student of Pushpagiri College of Pharmacy,
Thiruvalla. According to the petitioner, due to pandemic and
online studies, she could not clear the Paper Pharmacology-1
W.P.(C) No.18576/2023 & connected cases
in the first attempt. She appeared for examination on the said
Paper on 06.04.2023 and was declared pass in the Paper, in
the result published on 25.05.2023. In the meanwhile, the
petitioner paid the 4th year tuition fee of ₹1,92,000/-. The
petitioner paid the 4th year examination fee of ₹6,395/- also.
However, hall ticket for 4th year examination was not issued to
the petitioner stating that she had no sufficient attendance as
per the University norms, for attending the 4 th year
examinations.
5. The petitioners in W.P.(C) No.25492 of 2023 are
undergoing Pharm D. Course in respondents 3 to 17
Pharmacy Colleges. Petitioners 1 to 61 are of 2020 Batch
and petitioners 62 to 76 are of 2018 and 2019 Batches. As
far as petitioners 62 to 71 are concerned, they have been
permitted to appear in the examinations and the writ petition
has become infructuous as far as petitioners 62 to 71 are
concerned, it is conceded.
6. The petitioners would submit that due to Covid-19
pandemic, 70% of the 1st year classes were in online mode.
W.P.(C) No.18576/2023 & connected cases
Classes started in October, 2020 and the examinations were
scheduled to October, 2021. The examinations were
postponed to January, 2022 due to the pandemic. Without
completing mandatory 200 days, the 2 nd year examinations
were held in October, 2022 and the 3 rd year examinations in
August, 2023. The petitioners were not permitted to appear
for the 3rd year examinations.
7. The petitioner in W.P.(C) No.26271 of 2023 is
studying for Pharm D. Course in Devaki Amma College of
Pharmacy, Chelambra. She belongs to 2020 admission
Batch. Physical classes were interrupted due to Covid-19
pandemic and their first year examination was conducted only
in January, 2022. The petitioner completed 2nd year and
wrote the 2nd year examination in September, 2022. As the
Course of the junior Batch of 2021 was also lagged, the
petitioners lost a chance of writing 1 st year supplementary
examination along with their junior Batch, to clear the failed
subjects.
W.P.(C) No.18576/2023 & connected cases
8. The petitioner states that the 2nd year examination
was completed in September, 2022 and the 3 rd year classes
started in November, 2022. The petitioner failed in one
subject Medicinal Bio Chemistry which is a Paper of the 1 st
year. The 3rd year classes of the petitioner started in
November, 2022. The petitioner was allowed to attend the
classes till December, 2022. From January, 2023, the
petitioner was not allowed to attend the 3 rd year classes as
she failed in one subject of the 1st year examination. The
petitioner passed the failed subject in April, 2023. The
petitioner was allowed to attend the 3 rd year classes
thereafter.
9. The grievance of the petitioner is that now the 3 rd
year examination is commencing from 14.08.2023, but the
petitioner is not permitted to register for the 3 rd examination
as she is not having requisite attendance. The petitioner
would submit that if the attendance is counted from
20.04.2023, the date of passing 1st year examination, she
may not have requisite attendance. The petitioner has been
W.P.(C) No.18576/2023 & connected cases
attending the 3rd year classes since November, 2022. The
petitioner therefore should be permitted to remit 3 rd year
examination fee and attend the 3 rd year examination
scheduled from 14.08.2023.
10. The petitioners in W.P.(C) No.27126 of 2023 are
3rd year Pharm D.. students of the Sree Krishna College of
Pharmacy and Research Centre, Parassala. Though the
petitioners remitted examination fee to appear in the 3 rd year
examination scheduled to be conducted from 14.08.2023, hall
tickets were not issued to them on the ground that they
passed two Papers of the 1st year only at the third
supplementary attempt. The petitioners would submit that
they have sufficient attendance in the 3 rd year and are legally
entitled to write the 3rd year examination.
11. The petitioner in W.P.(C) No.30768 of 2023 is a
Pharm D.. student of Nirmala College of Pharmacy,
Moovattupuzha. Though the petitioner was admitted in the
2019 Pharm D.. Batch, the 1st and 2nd year examinations were
conducted in the year 2021. The duration of third year Batch
W.P.(C) No.18576/2023 & connected cases
was very short. The petitioner states that she has cleared all
the Papers up to the 3 rd year and attended the 4 th year
classes from the beginning of the academic year. Though the
petitioner remitted the examination fee for the 4 th year, she
was not permitted to write the examinations on the allegation
that she does not have adequate attendance.
12. W.P.(C) No.30793 of 2023 is filed by the petitioner,
who is a Pharm D.. student of Nirmala College of Pharmacy,
Moovattupuzha. The petitioner states that though she has
cleared all the Papers of the 3rd year, she is not permitted to
appear in the 4th year Pharm D.. examination on the ground
that she does not have requisite attendance. The petitioner
would assert that she has attended the classes from the very
beginning and has adequate attendance to her credit.
13. W.P.(C) No.30824 of 2023 has been filed by the
petitioner who is a student of St. James College of
Pharmaceutical Sciences, Chalakudy. The petitioner was
admitted for Pharm D.. Course in the year 2019. The
petitioner states that due to the Covid-19 pandemic, the
W.P.(C) No.18576/2023 & connected cases
academic schedule was restructured and the 3 rd year batch
was very short. The 4th year classes started early. Now, the
petitioner is not being permitted to appear for the 4 th year
examination even though fee has been remitted, on the
ground that the petitioner's attendance if counted from the
clearance of 2nd year examinations, the petitioner does not
have adequate attendance to write the 4 th year examinations.
14. W.P.(C) No.30905 of 2023 has been filed by the
petitioners who were admitted to Pharm D.. Course in the
Jamia Salafia Pharmacy College, Malappuram during the
years 2017 and 2018. Petitioners 1 to 4 cleared their 3 rd year
examinations in the fourth attempt in February, 2023, of which
results were published belatedly in May, 2023. The 5 th
petitioner also cleared her failed Paper of the 1 st year in
February, 2023. The petitioners would submit that they are
not permitted to appear in the 5 th year examinations on the
ground that they do not have sufficient attendance.
15. When W.P.(C) No.18576 of 2023 came up for
admission, this Court passed an interim order on 22.06.2023,
W.P.(C) No.18576/2023 & connected cases
as follows:-
In the light of the order passed today in
W.P(C)No.20208 of 2023, the petitioners in this writ
petition shall also be permitted provisionally to
appear for the 4th year examination of the Pharm D.
Course conducted by the 2nd respondent
University, making it clear that their participation in
the examination will be purely provisional and
subject to further orders in the writ petition. The
petitioners will also be permitted to remit fee for the
examinations tomorrow itself. It is made clear that I
have already taken a prima facie view in W.P.
(C)No.20208 of 2023 that the petitioners may not be
entitled to claim that they are eligible to sit for the
4th year examination on account of shortage of
attendance, which can be counted only from the
date they qualify themselves for the examination
going by the provisions of the regulations. Since the
examinations are scheduled on 26.06.2023, the
petitioners are being permitted to sit for the
examinations provisionally, making it clear that they
will not be entitled to claim any right equitable or
otherwise that they are also entitled to have their
results declared as they had taken part in the
examinations.
Post along with W.P(C)No.20208 of 2023 on
27.06.2023.
16. The petitioners state that for appearing in the 4 th
year examination of Pharm D.., they have to clear all the
Papers of the 2nd year. For appearing in the 5 th year Pharm
D.. examination, they have to clear all Papers of previous
years. They have cleared the Papers in supplementary
attempts. However, their attendance is counted only from the
W.P.(C) No.18576/2023 & connected cases
date of publication of the supplementary examination,
consequent to which they do not satisfy the requirement of
sufficient attendance. The petitioners would submit that they
have been attending the classes from the very beginning and
the actual attendance if counted, they will satisfy the
attendance requirements. They could clear the examinations
belatedly for the reason that due to Covid-19 pandemic, the
structure of their Pharm D.. Course was altered. The
petitioners should not be penalised for the adverse impact of
Covid-19 pandemic on the Pharm D.. Courses commenced in
2017, 2018, 2019 and 2020. According to the petitioners, in
similar circumstances, certain other Pharm D.. students have
been permitted to appear in the examinations counting their
actual attendance.
17. Though the Colleges in which the petitioners are
undergoing studies are made respondents in the writ
petitions, the Colleges have not come forward to give the
attendance particulars of the petitioners.
W.P.(C) No.18576/2023 & connected cases
18. The Kerala University of Health Sciences appeared
in the writ petitions and vehemently opposed grant of any
relief to the petitioners. In its statement, the University
submitted that the impact of the pandemic over the Pharm D..
Course is over and the Course and carriculam has returned to
normalcy since the year 2021.
19. The Standing Counsel for the University submitted
that in tune with the Pharmacy Council of India Regulations,
the University has framed Regulations governing Pharm D..
Course. The petitioners did not attend sessional examination
for registering for the 4th year examination. Their eligibility to
attend the 4th year classes would be satisfied only after
publication of result of 2nd year supplementary examination on
26.05.2023. As the petitioners became eligible to attend the
4th year course belatedly, their attendance cannot be counted
from the beginning of the 4th year classes.
20. It is further submitted that some Colleges have
violated the Regulations and have permitted the students to
attend the 4th year class before their acquiring eligibility to
W.P.(C) No.18576/2023 & connected cases
attend the said classes. No classes attended prior to the
acquisition of the eligibility can be reckoned, as the
attendance should be in terms of the Regulations. The
University has already caused an enquiry into the violation
committed by certain Colleges. Necessary action would be
taken against such Colleges in accordance with law. The writ
petitions are therefore without any merit and are liable to be
dismissed, urged the Standing Counsel for the University.
21. I have heard the counsel for the petitioners in
these writ petitions, the Government Pleader representing the
Controller of Examinations, the Standing Counsel appearing
for the Kerala University of Health Sciences, counsel
appearing for various Pharmacy Colleges and the Deputy
Solicitor General of India representing the Pharmacy Council
of India.
22. The Kerala University of Health Sciences has
framed Regulations governing the Pharm D.. Course in tune
with the Pharmacy Council of India Regulations. Regulation
1.8 of the Regulations of the University mandates that the
W.P.(C) No.18576/2023 & connected cases
number of working days should not be less than 200 days per
year and a candidate is required to put in at least 80%
attendance in theory and practical subjects separately in a
recognised institution affiliated to the Kerala University of
Health Sciences.
23. As per Regulation 1.18, all the students of Pharm
D.. Course, who have registered for all the Papers in the
annual regular examinations, shall be permitted to attend the
classes of the next higher year, on condition that he/she shall
have to discontinue the studies in the higher year, if he/she
fails in more than two subjects of the lower year even after
the first supplementary examination available for him/her for
that particular year.
24. The Explanation below Regulation 1.18 provides
that the failed students of regular examinations are eligible to
appear for the first supplementary examinations in the failed
Papers and if they passed in the failed Papers, they are
eligible to continue with the original Batch without loosing
additional six months. However, if the student has more than
W.P.(C) No.18576/2023 & connected cases
two failed Papers of the 1st year even after the first
supplementary examination, he/she shall have to discontinue
the 2nd year studies and will be considered as not promoted to
the 2nd year.
25. A student, after 1st year supplementary
examination, can carry two or less than two subjects of the 2 nd
year and continue with the 2nd year. Failure in no more than
two subjects shall keep the student with the succeeding
regular Batch. For promotion to the 3 rd year, the candidate
should have cleared all the 1st year Papers and for promotion
to 4th year he/she should clear all the Papers in the 2 nd year
and so on. The Regulations make it abundantly clear that
attendance will be counted for each year from day one only
when the candidate is qualified to be promoted to that year.
26. The petitioners argued that a student who has
registered for the 2nd year examination can sit in the 3 rd year
classes up to the 1st year supplementary examinations. A
student who has two or less than two arrears of the 2 nd year
after 1st supplementary examination can continue in the 3 rd
W.P.(C) No.18576/2023 & connected cases
year. Before entering the 4th year, the student should clear
the balance arrears (two or less than two) of the 2 nd year. So,
an examination in inevitable after the first supplementary and
before the commencement of the 4 th year classes to clear the
balance arrears. The University conducted this examination
in the midst of the 4 th year. Without conducting this
examination, the Colleges cannot deny the right of students to
attend the 4th year. The shortage of countable attendance
after clearing the 2nd year is due to the delay occurred from
the University in conducting the 2 nd year supplementary
examination as per the above criteria, contended the counsel
for the petitioners.
27. I am unable to agree to the above proposition. The
petitioners are not students who did not get an opportunity to
clear the regular Papers. The petitioners have opportunity to
clear their failed Papers through supplementary examinations
conducted earlier. Therefore, the petitioners cannot be heard
to contend that as the last supplementary examination was
not conducted sufficiently early, the petitioners should be
W.P.(C) No.18576/2023 & connected cases
permitted to appear in the regular examinations.
28. This Court had opportunity to consider similar
issue relating to Pharm D.. Course itself in W.P.(C) No.1142
of 2023. This Court held that the petitioners therein were
unable to clear the failed Papers in the supplementary
examinations also and therefore going by the Regulations,
the petitioners are not entitled to attend the 3 rd year. This
Court found that the exemption granted to B. Pharm students
was treating it to be not a precedent and the factual situation
obtaining therein. The judgment of the learned Singled Judge
in W.P.(C) No.1142 of 2023 was taken in appeal, in W.A.
No.376 of 2023. Taking note of Regulation 1.18 of the
University Regulations, the Division Bench repelled the
contentions of the appellant and upheld the judgment of the
learned Single Judge.
29. As per the University Regulations, attendance will
be counted for each year from day one only when the
candidate is qualified to be promoted to that year. The issue
arising in these writ petitions is regarding the claim of the
W.P.(C) No.18576/2023 & connected cases
petitioners that they have sufficient attendance to appear in
the 4th and 5th year examinations. The contention of the
petitioners is that they were permitted to attend the classes by
the Colleges and therefore they have sufficient attendance.
In so far as the claims to appear in the 4 th year examination,
the petitioners got eligibility to attend 4 th year classes only
from 26.05.2023 when they passed all the 2 nd year Papers.
The last date for application for 4 th year Pharm D..
examination without fine was 29.05.2023 and with fine
31.05.2023. Going by the Regulations, the petitioners would
have attendance only for four days. Even the University is not
competent to relax the Regulations which are framed in tune
with the Pharmacy Council of India Norms.
30. It is to be noted that in all these writ petitions, the
petitioners had the opportunity to appear in more than one
supplementary examinations for their failed Papers. The
petitioners could not successfully utilise those chances.
Though the petitioners might have actually attended the 4 th
year classes from the beginning of classes, in view of the
W.P.(C) No.18576/2023 & connected cases
Regulations, their attendance can be counted only from the
date on which results of supplementary examinations were
published in which the petitioners have cleared the failed
Papers of earlier years.
31. As rightly pointed out by the Standing Counsel for
the University, Regulations contemplate the minimum
required attendance and participation in the internal
assessment during the Course period. The six year Pharm D.
Course undertaken by the petitioners is a superior
professional course. The University has made Regulations
for Pharm D. Course keeping in view the high standard
required by the candidates obtaining Pharm D. Degree. Any
dilution in the Regulations will be against public interest also.
In the afore facts and circumstances of the case, I
am of the firm view that the petitioners are not entitled to the
reliefs claimed by them. The writ petitions are therefore
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/18.10.2023
W.P.(C) No.18576/2023 & connected cases
APPENDIX OF WP(C) 18576/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE STUDENT ID CARD OF THE 1ST
PETITIONER
Exhibit P2 TRUE COPY OF THE STUDENT ID CARD OF THE 2ND
PETITIONER
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE
REGULATIONS OF KERALA UNIVERSITY OF HEALTH
SCIENCES
Exhibit P4 TRUE COPY OF THE TIME TABLE OF THE 4TH YEAR
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE 2ND RESPONDENT UNIVERSITY DATED
31-05-2023
W.P.(C) No.18576/2023 & connected cases
APPENDIX OF WP(C) 20208/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE IDENTITY CARD OF THE
PETITIONER ISSUED BY THE KERALA UNIVERSITY
OF HEALTH SCIENCES DATED NIL
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE (PAGE NO. 34
& 35) OF THE REGULATIONS OF THE KUHS DATED
NIL
Exhibit P3 TRUE COPY OF THE TRANSACTION RECEIPT WITH
TRANSACTION ID 2022102763945157 DATED NIL
FOR PAYMENT OF RS.1,92,000/- THROUGH THE
CATHOLIC SYRIAN BANK ACCOUNT OF THE 3RD
RESPONDENT
Exhibit P4 TRUE COPY OF THE SCREEN SHOT OF THE
TRANSACTION RECEIPT FOR RS 6395/-DATED
27.05.2023
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 12-06-
2023 SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT
W.P.(C) No.18576/2023 & connected cases
APPENDIX OF WP(C) 25492/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE PCI
REGULATIONS REGARDING WORKING DAYS
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE KUHS
REGULATIONS REGARDING WORKING DAYS
Exhibit P3 TRUE COPY OF THE TIME TABLE DATED 14-07-
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE KUHS
REGULATIONS REGARDING EXAMINATION
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE KUHS
REGULATIONS REGARDING CRITERIA
Exhibit P6 TRUE COPY OF THE CIRCULAR 15234/2021/1
DATED 22-09-2021
Exhibit P7 TRUE COPY OF THE SCHEDULE OF THE 4TH YEAR
EXAMINATION INCLUDING THE REGISTER NUMBERS
OF THE 4TH YEAR STUDENTS HAVING THE SAME
POSITION OF THE PETITIONERS
Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE KUHS
REGULATIONS REGARDING REVALUATION
Exhibit P9 TRUE COPY OF THE CASH RECEIPT ISSUED TO THE
19TH PETITIONER BY THE 8TH RESPONDENT
COLLEGE DATED 09-11-2022
Exhibit P10 TRUE COPY OF THE EXAMINATION REGISTRATION
REPORT DATED 15-07-2023
Exhibit P11 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HONORABLE COURT IN WPC 20208 OF 2023
DATED 22-06-2023
Exhibit P12 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HONORABLE COURT IN WPC 18576 OF 2023
DATED 22-06-2023
W.P.(C) No.18576/2023 & connected cases
APPENDIX OF WP(C) 26271/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE
ADVISORY LETTER REF.NO. 14-56/2019-PCI(A)
DATED 09.04.2020 ISSUED BY THE PHARMACY
COUNCIL OF INDIA
Exhibit P2 TRUE COPY OF THE CIRCULAR DATED
22/09/2021 ISSUED BY THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED
28.06.2021 IN WP© NO. 12381/2021
Exhibit P4 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 04.01.2022
Exhibit P5 TRUE COPY OF THE ORDER DATED 30.10.2020
ISSUED BY THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE ORDER DATED 22.11.2022
OF THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
08.02.2023 IN WP© NO 1142/2023
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
16.02.2023 IN WA.NO 376/2023
Exhibit P9 TRUE COPY OF THE EXAMINATION RESULTS OF
THE 1ST YEAR
Exhibit P10 TRUE COPY OF THE EXAMINATION RESULTS OF
THE 2ND YEAR
Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED
04.08.2023 IN WP© NO. 25492/2023
W.P.(C) No.18576/2023 & connected cases
APPENDIX OF WP(C) 27126/2023
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE STUDENTS IDENTITY CARD
FOR THE COURSE PHARM D.
Exhibit P2 A TRUE COPY OF THE STUDENTS IDENTITY CARD
FOR THE COURSE PHARM D.
Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 06.06.2023
NO.1150 FOR RS. 1,00,000/- ISSUED BY THE
OFFICE OF 1ST RESPONDENT TO THE 1ST
PETITIONER
Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 18.07.2023
NO.1922 FOR RS. 1,65,775/-ISSUED BY THE
OFFICE OF 1ST RESPONDENT TO THE 1ST
PETITIONER INCLUDING THE UNIVERSITY EXAM
FEE
Exhibit P5 A TRUE COPY OF THE RECEIPT DATED 12.07.2023
NO.1824 FOR RS. 1,05,000/- ISSUED BY THE
OFFICE OF 1ST RESPONDENT 2ND PETITIONER
Exhibit P6 A TRUE COPY OF THE RECEIPT DATED 13.07.2023
NO.1839 FOR RS. 95,000/- ISSUED BY THE
OFFICE OF 1ST RESPONDENT TO THE 2ND
PETITIONER
Exhibit P7 A TRUE COPY OF THE THEORY EXAMINATION TIME
TABLE, OF 3RD YEAR PHARM D REGULAR /
SUPPLEMENTARY EXAMINATIONS AUGUST 2023,
DATED 14.07.2023 BY THE 2ND RESPONDENT.
Exhibit P8 A TRUE COPY OF THE REMITTANCE OF
EXAMINATION FEES OF RS. 6395/-AND EMAIL
COMMUNICATION TO THE 1ST RESPONDENT THERETO
BY THE 2ND PETITIONER, DATED 13.07.2023
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER DATED
04.08.2023 IN WP © NO. 25492 OF 2023
W.P.(C) No.18576/2023 & connected cases
APPENDIX OF WP(C) 30768/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF THE
REGULATIONS OF KERALA UNIVERSITY OF HEALTH
SCIENCES
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 22-6-
2023 IN WP(C)NO. 18576 OF 2023
Exhibit P3 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN WP(C) NO. 20208 OF
2023 DATED
22-6-2023
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER DATED 23-8-2023
Exhibit P5 TRUE COPY OF THE NOTIFICATION PUBLISHED BY
KERALA UNIVERSITY OF HEALTH SCIENCE ON 8-9-
W.P.(C) No.18576/2023 & connected cases
APPENDIX OF WP(C) 30793/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF THE
REGULATIONS OF KERALA UNIVERSITY OF HEALTH
SCIENCES
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 22-6-
2023 IN WP(C)NO. 18576 OF 2023
Exhibit P3 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN WP(C) NO. 20208 OF
2023 DATED
22-6-2023
Exhibit P4 TRUE COPY OF THE REPRESENTATION ON 23-8-
2023 SUBMITTED BY THE PETITIONER
Exhibit P5 TRUE COPY OF THE NOTIFICATION PUBLISHED BY
KERALA UNIVERSITY OF HEALTH SCIENCE ON 8-9-
W.P.(C) No.18576/2023 & connected cases
APPENDIX OF WP(C) 30824/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF THE
REGULATIONS OF KERALA UNIVERSITY OF HEALTH
SCIENCES
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 22-6-
2023 IN WP(C)NO. 18576 OF 2023
Exhibit P3 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN WP(C) NO. 20208 OF
2023 DATED
22-6-2023
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER DATED 23-8-2023
Exhibit P5 TRUE COPY OF THE NOTIFICATION PUBLISHED BY
KERALA UNIVERSITY OF HEALTH SCIENCE ON 8-9-
W.P.(C) No.18576/2023 & connected cases
APPENDIX OF WP(C) 30905/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE KUHS
REGULATIONS REGARDING EXAMINATION
Exhibit P2 TRUE COPY OF THE TIME TABLE OF THE 5TH YEAR
SUPPLEMENTARY EXAMINATION
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE KUHS
REGULATIONS REGARDING CRITERIA
Exhibit P4 TRUE COPY OF THE EXAMINATION RESULT OF THE
3RD YEAR EXAMINATION WHICH IS HELD IN
FEBRUARY 2023 OF ONE OF THE STUDENT PASSED
ALONG WITH THE PETITIONERS
Exhibit P5 TRUE COPY OF THE EXAMINATION RESULT OF THE
5TH YEAR EXAMINATION WHICH IS HELD IN JUNE
2023 OF A STUDENT HAVING THE SAME POSITION
OF PETITIONERS
Exhibit P6 TRUE COPY OF THE CIRCULAR NO. 15324/2021/1
DATED 22-09-2021
Exhibit P7 TRUE COPY OF THE SCHEDULE OF THE 4TH YEAR
EXAMINATION INCLUDING THE REGISTER NUMBERS
OF THE 4TH YEAR STUDENTS HAVING THE SAME
POSITION OF PETITIONERS
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HONORABLE COURT IN WPC 20208 OF 2023
DATED
22-06-2023
