Kerala High Court
Saad Mohammed vs The Vice Chancellor on 11 July, 2016
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 31ST DAY OF AUGUST 2016/9TH BHADRA, 1938
WP(C).No. 28582 of 2016 (W)
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PETITIONER(S):
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1. SAAD MOHAMMED,
AGED 23, S/O SALEENA, BRERA-106,
KALAKAUMUDI ROAD, MEDICAL COLLEGE,
THIRUVANANTHAPURAM.
2. ASHIK ANSARI, AGED 23,
S/O ANSARI, MOOKRIKADU HOUSE,
KANJIRAPALLY PO, KOTTAYAM DISTRICT.
3. AJIN C.L., AGED 23,
S/O CHANDRAN, SOWPARNIKA, KODANKARA,
CHENKKAL, THIRUVANANTHAPURAM.
BY ADVS.SRI.SASTHAMANGALAM S. AJITHKUMAR
SRI.P.M.SANEER
SRI.V.S.THOSHIN
SRI.E.A.HARIS
RESPONDENT(S):
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1.THE VICE CHANCELLOR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
THRISSUR, PIN CODE-680596.
2.KERALA UNIVERSITY OF HEALTH SCIENCES,
THRISSUR, REPRESENTED BY THE REGISTRAR,
PIN CODE-680596.
3.THE REGISTRAR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
THRISSUR, PIN-680596.
4.THE CONTROLLER OF EXAMINATIONS,
KERALA UNIVERSITY OF HEALTH SCIENCES,
THRISSUR, PIN-680596.
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WP(C).No. 28582 of 2016 (W)
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5.THE PRINCIPAL,
KMCT MEDICAL COLLEGE, MANASSERY,
MUKKOM, KOZHIKODE, PIN-673602.
6.THE PRINCIPAL,
KANNUR MEDICAL COLLEGE, ANJARAKANDI PO,
KANNUR, PIN CODE-670612.
7.THE PRINCIPAL,
DR.SMCSI MEDICAL COLLEGE, KARAKKONAM,
THIRUVANANTHAPURAM, PIN CODE-695504.
R1 TO R4 BY ADV. SRI.P.SREEKUMAR,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31-08-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 28582 of 2016 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 : PHOTOCOPY OF THE RESULT PUBLISHED BY THE
UNIVERSITY DATED 11.7.2016 OF THE
1ST PETITIONERS FOR THE 2ND YEAR M.B.B.S
EXAMINATION.
EXHIBIT P2 : PHOTOCOPY OF THE RESULT PUBLISHED BY THE
UNIVERSITY DATED 11.7.2016 OF THE
2ND PETITIONERS FOR THE 2ND YEAR M.B.B.S
EXAMINATION.
EXHIBIT P3 : PHOTOCOPY OF THE RESULT PUBLISHED BY THE
UNIVERSITY DATED 11.7.2016 OF THE
3RD PETITIONERS FOR THE 2ND YEAR M.B.B.S
EXAMINATION.
EXHIBIT P4 : THE PHOTOCOPY OF THE NOTIFICATION
NO.11857/KUHS/3RD MBBS(PART 1)/2015
DATED 19.7.2015 ISSUED BY THE UNIVERSITY.
EXHIBIT P5 : THE PHOTOCOPY O THE TIMETABLE.
EXHIBIT P6 : THE PHOTOCOPY OF THE RECEIPTS ISSUED TO THE
1ST PETITIONER.
EXHIBIT P7 : THE PHOTOCOPY OF THE RECEIPTS ISSUED TO THE
3RD PETITIONER.
EXHIBIT P8 : THE PHOTOCOPY OF THE APPROVAL IN RESPECT OF THE
1ST PETITIONER DATED 12.8.2016.
EXHIBIT P9 : THE PHOTOCOPY OF THE PAPER PUBLICATION
DATED 21.8.2016.
EXHIBIT P10 : THE PHOTOCOPY OF THE FRESH RESULT FOR 2ND YEAR
MBBS EXAMINATION OF THE 1ST PETITIONER PUBLISHED
IN THE OFFICIAL WEBSITE OF THE UNIVERSITY.
EXHIBIT P11 : THE PHOTOCOPY OF THE FRESH RESULT FOR 2ND YEAR
MBBS EXAMINATION OF THE 2ND PETITIONER PUBLISHED
IN THE OFFICIAL WEBSITE OF THE UNIVERSITY.
EXHIBIT P12 : THE PHOTOCOPY OF THE FRESH RESULT FOR 2ND YEAR
MBBS EXAMINATION OF THE 3RD PETITIONER PUBLISHED
IN THE OFFICIAL WEBSITE OF THE UNIVERSITY.
EXHIBIT P13 : THE PHOTOCOPY OF THE NOTIFICATION
NO.14540/EXAM-1/KUHS/2ND MBBS(S) 2016.
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WP(C).No. 28582 of 2016 (W)
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EXHIBIT P14 : THE PHOTOCOPY OF THE REPRESENTATION
DATED 22.8.2016, SUBMITTED BY THE 1ST AND 2ND
PETITIONERS BEFORE THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S. TO JUDGE
mbr/
A.M.SHAFFIQUE, J
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W.P.C.No.28582 of 2016
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Dated this the 31st day of August 2016
J U D G M E N T
Petitioners have approached this Court with a grievance that the petitioners will not be in a position to appear for the third year MBBS examination on account of the fact that there has been some mistake in the results that has been declared with reference to the Second Professional MBBS Degree supplementary (2012 Admissions). It is submitted that initially when the results were published on 11/07/2016, petitioners were shown to have been passed in the examination. Later, on 22/08/2016 University published a fresh result after informing that the earlier results were cancelled due to technical errors. When the fresh result was published, petitioners did not pass for the 2nd year MBBS supplementary examination. According to the petitioners, the next third year MBBS examination was due to be held on 01/09/2016 and on account of the aforesaid action of the University, petitioners will not be in a position to write the III year MBBS examination. Incidentally, petitioners had also remitted necessary fee for writing the third year MBBS examination and W.P.C.No.28582/2016 2 hence the petitioners had approached this Court seeking the following reliefs:
"(a) issue a writ of certiorari and call for the records leading to Ext.P10 to P12 and quash the same.
(b) issue a writ of mandamus or order or direction directing the respondents University to permit the petitioners to appear/write the 3rd year MBBS examination."
2. Statement has been filed by the learned Standing Counsel for the 4th respondent wherein it is stated that when there is a difference of more than 15% marks in the two valuations, the paper is subjected to a third valuation. In such an event, the average of the marks which are nearer to each other is taken as the marks of the student. During the period of tabulation, it was noticed that on account of some technical error, third valuation was not considered for taking note of the actual results of the students. Accordingly, the result originally published had to be cancelled and the correct results were published. In the said process, out of 30 students, 16 students who were declared as passed on 11/07/2016 failed in the examination and 14 students who were declared as failed earlier, W.P.C.No.28582/2016 3 passed in the examination. Taking into consideration the difficulties faced by the students, it was decided to defer the second year MBBS supplementary examination for a further period of two weeks so that the students who were declared as failed as per the results published on 22/08/2016 may get an opportunity to appear for the second year MBBS supplementary examination. Similarly, with reference to the third year MBBS examination, which is scheduled to commence on 01/09/2016, it was decided to conduct an additional examination immediately after the publication of the results of the second year MBBS supplementary examination. This procedure was adopted to help the students who were declared as passed on 11/07/2016, but failed when fresh result was published on 22/08/2016, to appear for the supplementary examination and also to appear in the third MBBS examination. It is further stated that the adjournment of the third year MBBS examination is not possible as all arrangements for the conduct of the same has already been done and a large number of students are expected to appear for the said examination. It is submitted that there is no error on the part of the University and the above arrangement has been made taking into consideration the plight of the students. W.P.C.No.28582/2016 4
3. The University, having taken appropriate measures in the matter taking note of the difficulties faced by the students, I do not think that any further direction is required to be passed in this writ petition. Apparently, petitioners will have to be given an opportunity to appear for the 3rd year MBBS examination and also to write the second year MBBS supplementary examination which is specifically being conducted for the students who have declared to be failed in the results published on 22/08/2016. I take on record the statement filed by the University.
4. Learned counsel for the petitioner however points out that the petitioners will not be permitted to attend the classes unless they clear the second year supplementary examination. If at all any such grievance subsists, it is open for the petitioners to approach the University and the University shall take appropriate action in the matter.
With the above observation, this writ petition is closed.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr