Mysha Mariyam C vs Kerala University Of Health Science, ...
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Kerala High Court

Mysha Mariyam C vs Kerala University Of Health Science, ... on 10 October, 2024

                                            2024:KER:75362

WPC.No.32527/24                 1

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

  THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA,

                             1946

                  WP(C) NO. 32527 OF 2024

PETITIONER:

          MYSHA MARIYAM C.,
          AGED 25 YEARS,
          D/O.ALI BABU C., CHAPPANGATHIL HOUSE,
          PANTHARANGADI P.O.,THIRURANGADI,
          MALAPPURAM DISTRICT, PIN - 676 306.

          BY ADVS.
          M.B.SHYNI
          RAJESH KUMAR R.
          V.R.ANILKUMAR
          SARAFUDHEEN T.
          ELDHOSE JOY
          AJITH P.C.



RESPONDENTS:



    1     KERALA UNIVERSITY OF HEALTH SCIENCE,
          REP BY ITS REGISTRAR,
          MEDICAL COLLEGE P.O, THRISSUR, PIN - 680 596.

    2     THE CONTROLLER OF EXAMINATION,
          KERALA UNIVERSITY OF HEALTH SCIENCE,
          MEDICAL COLLEGE P.O, THRISSUR, PIN - 680 596.
                                                       2024:KER:75362

WPC.No.32527/24                      2



    3          THE PRINCIPAL KMCT MEDICAL COLLEGE,
               THE PRINCIPAL KMCT MEDICAL COLLEGE, KOOLIMAD,
               MANASSERY RD, MUKKAM, MANASSERY,
               KOZHIKODE DISTRICT, PIN - 673 602.

               BY ADVS.
               BINNY THOMAS, SC, KERALA UNIVERSITY OF HEALTH
               SCIENCES
               P.M.SANEER
               P.SREEKUMAR (SR.)



        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   10.10.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                               2024:KER:75362

WPC.No.32527/24                             3

                                  JUDGMENT

The petitioner is a fourth year MBBS student in the 3 rd

respondent college and she approached this Court seeking the

following reliefs:

"i. Issue a writ of mandamus or any other writ, order or direction directing the respondents to permit the petitioner to continue studying the 4th year course along with her batch mates. ii. Issue a writ of mandamus or any other writ, order or direction directing the respondents to permit the petitioner to attend 3rd year examinations along with her junior batch. Iii. Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case."

2. In response to the averments contained in the writ

petition, a statement has been submitted by the 3 rd

respondent, wherein it is mentioned in paragraph No.4 as

follows:

"4. As far as the petitioner is concerned, she is only having 50% attendance in theory and 45% attendance in practical. She has not attended a practical internal Examination and remedial 2024:KER:75362

examination. The petitioner has not submitted practical records for evaluation. She is not having sufficient internal assessment marks also."

3. It is evident from the records that, as per the

relevant Regulations, for attending examination, the student

must have the minimum attendance of 75% for the theory and

80% for the practical/clinical training. Going by the

averments contained in the statement submitted by the

college, the petitioner is not satisfying the said criteria. This

is not controverted by the petitioner by filing any reply.

4. The learned counsel for the petitioner pointed out

by placing reliance upon Ext.P2 that some of the persons who

have lesser attendance than the petitioner, were permitted to

attend the examination and the petitioner was not granted

that benefit. As of now, there are no documents to substantiate

that any of the students were permitted to attend the

examination, despite having lesser attendance. However, even

if that contention is accepted for argument sake, that by itself

cannot be a reason that would enable the petitioner to claim 2024:KER:75362

any such benefits, as the same would go against the specific

stipulations contained in the Regulations.

In such circumstances, I do not find any scope for

considering the reliefs sought by the petitioner in the writ

petition, taking into account the averments made by the

college in the statement, regarding the lack of attendance.

Accordingly, this writ petition is dismissed.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/10.9.24 2024:KER:75362

APPENDIX OF WP(C) 32527/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. JASSIM K.P

Exhibit P2 THE TRUE COPY OF THE ATTENDANCE LIST PUBLISHED BY THE 3RD RESPONDENT

Exhibit P3 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED TO THE PETITIONER AFTER COMPLETION OF HER REMEDIAL CLASSES IN COMMUNITY MEDICINE SUBJECT

Exhibit P4 THE TRUE COPY OF ACADEMIC COURSE REGULATIONS OF MBBS COURSE CONDUCTED BY THE 1ST RESPONDENT

Exhibit P5 THE TRUE COPY OF THE REPRESENTATION DATED 20/06/2024 I