Kerala High Court
Sudheer S vs Kerala University Of Health Sciences on 25 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:71506
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA,
1946
RP NO. 1126 OF 2022
(AGAINST THE JUDGMENT DATED 14.06.2022 PASSED IN
WP(C) NO.18926 OF 2021 ON THE FILE OF THIS HON'BLE COURT)
REVIEW PETITIONER/PETITIONER:
DR.SUDHEER S, S/O. SHAREEF, AGED 48 YEARS,
HOUSE NO.138, KATTIPARAMBIL HOUSE,
ST. VINCENT CONVENT ROAD, PALARIVATTOM,
ERNAKULAM-682025.
ALSO AT:
HOUSE NO.30/330,
NEAR SUBHASH SMARAKA MANDIRAM,
PETTAH, POONITHURA. P.O,
ERNAKULAM - 682038.
BY ADV K.D'SOUZA PHILIP
RESPONDENTS/RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE P.O.,
THRISSUR - 680596.
2 THE VICE-CHANCELLOR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR - 680596.
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RP NO.1126/2022 in WP(C)NO.18926/2021
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3 ACADEMIC COUNCIL,
REPRESENTED BY THE VICE-CHANCELLOR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O, THRISSUR - 680596.
4 BOARD OF EXAMINATIONS,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR -680596.
5 CONTROLLER OF EXAMINATIONS,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR - 680596.
6 BOARD OF STUDIES,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR - 680596.
7 BOARD OF ADJUDICATION OF STUDENTS' GRIEVANCES,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR - 680596.
8 NATIONAL MEDICAL COMMISSION (NMC)
(FORMERLY MEDICAL COUNCIL OF INDIA (MCI)),
REPRESENTED BY THE SECRETARY, POCKET-14,
SECTOR-8, DWARAKA, NEW DELHI - 110077.
9 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
0 DIRECTOR OF MEDICAL EDUCATION (DME)
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE. P.O,
THIRUVANANTHAPURAM - 695011.
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RP NO.1126/2022 in WP(C)NO.18926/2021
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11 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF
INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAVAN, NEW DELHI-110011.
12 GOVERNMENT MEDICAL COLLEGE,
KOTTAYAM, REPRESENTED BY ITS PRINCIPAL,
MEDICAL COLLEGE, KOTTAYAM,
GANDHINAGAR. P.O., KOTTAYAM - 686008.
13 DR.JOHN S.KURIEN,
(FORMER UNIT HEAD OF DEPARTMENT OF SURGERY,
GOVERNMENT MEDICAL COLLEGE, KOTTAYAM)
KUNNANKARA-1, CHINGAVANAM JUNCTION,
CHINGAVANAM.P.O, KOTTAYAM DISTRICT - 686531.
14 DR.NIRMALAN RAJA,
(FORMER PROFESSOR AND HEAD OF DEPARTMENT,
DEPARTMENT OF SURGERY, MALANKARA ORTHODOX
SYRIAN CHURCH MEDICAL COLLEGE, KOLENCHERY).
R/O. SREE NILAYAM, KANNATTUKARA,
NEAR-SRI SANKARANKULANGARA TEMPLE,
THRISSUR - 680011.
BY ADVS.
SHRI.P.SREEKUMAR, SC,
KERALA UNIVERSITY OF HEALTH SCIENCES
TITUS MANI
K.S.PRENJITH KUMAR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 25.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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ORDER
This petition, seeking review of the
judgment of this Court dated 14.06.2022,
raises several issues and impels various
grounds.
2. Sri.D'Souza Philip - learned
counsel for the petitioner, has argued this
matter on several days for hours; but, it is
now the situation where this Court does not
have the time to consider them on their
merits, particularly when what is being
effectively sought is the rehearing of the
matter itself.
3. Sri.P.Sreekumar - learned Senior
Counsel, instructed by Sri.Binny Thomas -
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RP NO.1126/2022 in WP(C)NO.18926/2021
appearing for the Kerala University of Health
Sciences, opposes this Review Petition,
saying that there is no error apparent on the
face of the judgment; and that an attempt of
rehearing cannot be permitted.
4. On first principles, the afore
submissions of Sri.P.Sreekumar is deserving
of acceptance; but am also aware that there
is a mistake in the judgment, albeit
grammatical, while referring to one of the
question papers.
5. Sri.D'Souza Philip also argues
against the opinion indited by this Court in
the judgment, asserting that some documents
were not properly evaluated.
6. I do not think that this Court
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should stand on technicalities and deny fair
opportunity to the petitioner.
In the afore circumstances, I allow
this Review Petition and recall the judgment
dated 14.06.2022.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
