Kerala High Court
Ardhra Mohandas vs Mahatma Gandhi University on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 12380 OF 2024
PETITIONER:
ARDHRA MOHANDAS
AGED 30 YEARS
D/O MOHANDAS, POLLAYI HOUSE,
THYKAL, CHERTHALA ALAPPUZHA, PIN - 688530
BY ADVS.
E.B.THAJUDDEEN
P.A.MOHAMMED ASLAM
IRSHAD V.P.
MIDHUN MOHAN
SARATH SASI
ARTHUR B. GEORGE
JIJI C. BABY
ANEETA B. GEORGE
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR,
PRIYADARSHINI HILLS POST,
KOTTAYAM, PIN - 686560
2 VICE CHANCELLOR
MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS POST,
KOTTAYAM, PIN - 686560
3 CONTROLLER OF EXAMINATIONS
MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS POST,
KOTTAYAM, PIN - 686560
4 PRINCIPAL
MAHARAJAS COLLEGE PARK AVENUE RD,
OPP. SUBHASH BOSE PARK, MARINE DRIVE,
ERNAKULAM, PIN - 682011
Addl.5 SUPERINTENDENT,
GENERAL HOSPITAL, ERNAKULAM
[ADDL.R5 SUO MOTU IMPLEADED AS PER ORDER DATED
26/04/2024 IN WP(C) 12380/2024]
WP(C) NO. 12380 OF 2024
2
BY ADV.
ADV.SRI.PREMCHAND R. NAIR
ADV.SURIN GEORGE IPE - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 12380 OF 2024
3
JUDGMENT
The petitioner, a student of 6 th Semester of the Integrated
PG Program in Archaeology and Material Cultural Studies in
Maharaja's College, Ernakulam, has approached this Court
seeking the following reliefs:
"(1) Issue of writ of certiorari or any other appropriate
writ order and quash Exhibit P10 order and direct the
respondent to permit the petitioner to write the
examination with the help of the scribe.
(ii) Issue of writ of mandamus or any other appropriate
writ order or direction, direct the 4th respondent to
permitt the petitioner to write the examination with the
help of the scribe.
(iii) Issue a writ of mandamus or any other appropriate
writ, order, directing respondents to re-conduct the
examination solely for the petitioner, acknowledging
the denial of accommodation for the exam dated
25/03/2024. This re-conducted exam should adhere to
original regulations, ensuring all necessary
accommodations for fairness and equal opportunity
(iv) Grant such other appropriate reliefs which this
Honourable Court may deem fit to grant in the facts
and circumstances case."
As the prayer sought by the petitioner was to permit the petitioner
to appear the examination through the help of a scribe, the matter
WP(C) NO. 12380 OF 2024
was taken up and an interim order was passed by this Court on
26.03.2024 taking into account the contention raised by the
petitioner that, he is not physically fit to write the examination
consequent to the injuries sustained to him in accident occurred
on 28.02.2024. The order passed by this Court on 26.03.2024
reads as follows:
"Superintendent, General Hospital, Ernakulam is
suo motu impleaded as the additional 5th respondent. The
learned Government Pleader takes notice for the
additional 5th respondent.
2. After considering the peculiar facts and
circumstances of the case, I am inclined to pass an
interim order directing the additional 5th respondent to
constitute a Medical Board urgently, to assess the
temporary disability/permanent disability suffered by the
petitioner and issue a certificate to that effect to him. The
petitioner shall appear before the Superintendent,
General Hospital, Ernakulam on 27.03.2024, at 11.p.m,
and thereupon necessary steps have to be taken by the
Superintendent to conduct the evaluation of the petitioner.
Thereupon, a certificate of the same shall be issued to
the petitioner on or before 30.04.2024, which shall be
produced by him before the 4th respondent.
3. Simultaneously the 4th respondent shall take
necessary steps to appoint a scribe, to enable the
petitioner to write the examinations which are to be
conducted from 01.04.2024 onwards, if he is found
eligible. It is clarified that, the petitioner shall be granted
permission to write examination through the scribe as
ordered above, only if he is found eligible in the medical
WP(C) NO. 12380 OF 2024
evaluation to be conducted as ordered above.
Post the matter next week."
2. Today when the matter came up for consideration it is
reported that, the directions contained in the interim order was
complied with and consequently the petitioner was subjected to an
evaluation by the Medical Board constituted by additional 5 th
respondent. The learned Government Pleader also made
available the Medical Board Certificate, which indicates that, after
the evaluation the Medical Board found that, the strength and
coordination activities of the right wrist of the petitioner was
normal, except a mild pain. She was treated with physiotherapy
for two days to relieve pain due to immobilization stiffness and she
was advised to resume her normal activities. In the light of the
above, the Principal of the College issued a proceedings dated
30.03.2024 to the effect that the petitioner cannot be permitted to
attend the examination with the help of a scribe.
Considering the fact that, in the medical evaluation
conducted by competent Medical Board, she was found to be fit
for writing the examination, I do not find any justification to
consider the prayer sought by the petitioner in this regard.
WP(C) NO. 12380 OF 2024
Therefore, I do not find any justifiable reason for entertaining this
writ petition and accordingly it is dismissed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) NO. 12380 OF 2024
APPENDIX OF WP(C) 12380/2024
PETITIONER EXHIBITS
Exhibit p1 TRUE COPY OF THE NOTIFICATION FROM THE
CONTROLLER OF EXAMINATION OFFICE,
MAHARAJA'S COLLEGE
Exhibit p2 THE TIMETABLE FOR THE INTEGRATED PG
PROGRAM IN ARCHAEOLOGY AND MATERIAL
CULTURAL STUDIES DATED 20/03/2024
Exhibit P3 TRUE COPY OF THE APPLICATION FOR
REGISTRATION DATED 15/02/2024
Exhibit P4 TRUE COPY OF OUTPATIENT REGISTRATION
DATED 13/03/2024
Exhibit P5 TRUE COPY OF THE REQUEST LETTER DATED
14/03/2024
Exhibit P6 A TRUE COPY OF THE NOTIFICATION ISSUED
BY MG UNIVERSITY DATED 12/03/2024
Exhibit P7 THE REVISED TIME TABLE FOR THE
INTEGRATED PG PROGRAM IN ARCHAEOLOGY
AND MATERIAL CULTURAL STUDIES DATED
20/03/2024
Exhibit P8 A TRUE COPY OF THE INTERIM ORDER
PASSED BY THE HON'BLE COURT DATED
22/03/2024
Exhibit P9 TRUE COPY OF THE REQUEST LETTER TO THE
4TH RESPONDENT DATED 22/03/2024
Exhibit P10 TRUE COPY OF THE DENIAL ORDER BY 4TH
RESPONDENT DATED 22.03.2024
