Kerala High Court
George Sonu vs Kerala University Of Health Sciences on 27 December, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Friday, the 27th day of December 2024 / 6th pousha, 1946
WA NO. 2167 OF 2024
AGAINST JUDGMENT DATED 18/12/2024 IN WP(C) 42454/2024 OF THIS COURT
APPELLANT(S)/PETITIONER NO.1,4,6,8,11,14,19,34,45,46 IN THE WPC
1. GEORGE SONU AGED 28 YEARS PANATTUPARAMBIL HOUSE, NANDIKKARA, NEAR
GRAMEENA VAYANASALA, NANDIKKARA,PARAPPUKKARA THRISSUR ,KERALA, PIN -
680301
2. SREEJA G AGED 29 YEARS KANJIRAMKUZHIYIL HOUSE, CHOTTANIKKARA ,
KANAYANNUR, ERNAKULAM, PIN - 682312
3. SHAMILA AGED 26 YEARS KAVALACKAL,CHRUVATTOR,KOTHAMANGALAM,ERNAKULAM,
PIN - 686691
4. SAJITH C K AGED 27 YEARS PULIYANANDIYIL, KALLIKKANDY, THRIPPANGOLLUR
, KANNUR, KERALA, PIN - 670693
5. FAIZ K K AGED 32 YEARS OTTUPURAKKAL, PALERY, KOZHIKODE PALERI,
KERALA, PIN - 673508
6. PALLAPU SAMPATH AGED 27 YEARS 11-328, 1ST LANE, TELECOM NAGAR,
NAGARALU, GORANTIA P.O., GORANTIA, DIST - GUNTUR ANDHRA PRADESH, PIN
- 522034
7. GREESHMA RAJU AGED 29 YEARS ELAMPILLIL, VIDANGARA, MARITHAZHAM, P.O,
EDAKKATTUVAYAL, KANJIRAMATTOM, KANAYANNUR, ERNAKULAM, PIN - 682315
8. GREESHMA JOSEPH AGED 29 YEARS GREESHMAM,PATTANAKKAD,ALAPPUZHA,
KERALA, PIN - 688531
9. AKHIL P R AGED 29 YEARS ARCHANA,PADA-
NORTH,KARUNAGAPPALLY,KOLLAM,KERALA, PIN - 690518
10. RAHUL UNNIKRISHNAN AGED 29 YEARS PANTHALLUR LAKSHMINIVAS,
KALLADIPATTA P.O., ONGALLUR,PALAKKAD, PIN - 679313
BY.ADV.SMT. V.A.HARITHA
RESPONDENT(S)/RESPONDENTS 1 TO 13 & PETITIONERS
2-3,5,7,9-10,12-13,15-18,20-33,35-44 & 47-52 IN THE WPC
1. KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE PO,
MULAKUNNATHKAV, THRISSUR, PIN - 680596
2. THE CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE (P.O), MULANKUNNATHUKAVU, THRISSUR, PIN - 680592
3. NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8,DWARAKA PHASE-1, NEW
DELHI, REPRESENTED BY ITS DIRECTOR, PIN - 110077
4. GOVERNMENT TD MEDICAL COLLEGE VANDANAM P.O., ALAPPUZHA, REPRESENTED
BY ITS PRINCIPAL, PIN - 688005
5. GOVERNMENT MEDICAL COLLEGE, KOZHIKODE MEDICAL COLLEGE JUNCTION,
MAVOOR ROAD, KOZHIKODE, KERALA, REPRESENTED BY ITS PRINCIPAL, PIN -
673008
6. GOVERNMENT MEDICAL COLLEGE, KANNUR PARIYARAM MEDICAL COLLEGE P.O.,
KANNUR, KERALA, REPRESENTED BY ITS PRINCIPAL, PIN - 670503
7. GOVERNMENT MEDICAL COLLEGE, MANJERI MEDICAL COLLEGE P.O., MANJERI,
MALAPPURAM, KERALA, REPRESENTED BY ITS PRINCIPAL, PIN - 676121
8. GOVERNMENT MEDICAL COLLEGE, THRISSUR MEDICAL COLLEGE P.O.,
MULAMKUNNATHUKAVU, THRISSUR, KERALA, REPRESENTED BY ITS PRINCIPAL,
PIN - 680596
9. SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES CHALAKKA, NORTH
KUTHIYATHODU P.O., ERNAKULAM, KERALA, REPRESENTED BY ITS PRINCIPLE,
PIN - 683594
10. GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, KERALA, REPRESENTED BY ITS PRINCIPLE, PIN -
695011
11. MOUNT ZION MEDICAL COLLEGE EZHAMKULAM P.O., ADOOR, PATHANAMTHITTA,
KERALA, REPRESENTED BY ITS PRINCIPAL, PIN - 691556
12. SREE GOKULAM MEDICAL COLLEGE VENJARAMOODU P.O., THIRUVANANTHAPURAM,
KERALA, REPRESENTED BY ITS PRINCIPAL, PIN - 695607
13. AMALA INSTITUTE OF MEDICAL SCIENCES AMALA NAGAR P.O., THRISSUR,
KERALA, REPRESENTED BY ITS PRINCIPAL, PIN - 680555
14. VAISAKH RAMAKRISHNAN AGED 30 YEARS KAZHUPARAMBIL
HOUSE,PERINGOTTUKARA, VADAKKUMMURI,THRISSUR, PIN - 680570
15. MYSA ABDUL AZEEZ .V AGED 34 YEARS VELLATHUR HOUSE, TRIKKANDIYUR P.O
TIRUR -4, MALAPPURAM, PIN - 676104
16. KEERTHANA AYYAN BABU AGED 27 YEARS 8/109,ARASU
COLONY,KRISHNAPURAM,VENGALAM,KRISHNAPURAM,PERAMBALUR,VEPPANTHATTAI,T
AMIL NADU, PIN - 621116
17. AARCHA MOHAN AGED 35 YEARS MUTHUMARATHIL HOUSE, PATHANAMTHITTA,
NELLIKALA MALLAPUZHASSERY, PATHANAMTHITTA, PIN - 689643
18. THUSHARA K THAMPY AGED 32 YEARS KALARIKUNEL ,ONAMTHURUTHU VILLAGE,
CHAMAKALA, KOTHANALLOR, CHAMAKALA, KOTTAYAM, PIN - 686603
19. ANAGHA DILIP AGED 30 YEARS DEVAYANAM, VARINJAM, EDANAD, MEENAD,
KARAMCODE , KOLLAM, PIN - 691579
20. BHAGYASREE A AGED 32 YEARS TC 98/1184, SUSHAMALAYAM , MONVILA,
KULATHOOR P.O , THIRUVANANTHAPURAM , KEARALA,, PIN - 695583
21. SHIFINA SALIM AGED 29 YEARS OTTATHENGIL, NJETTOOR, KULANADA P.O
NJETTOOR PATHANAMTHITTA , KERALA, PIN - 689503
22. JOHN PAUL JOSE AGED 37 YEARS KANDAMANGALATH (H) OLAVAKKOT P.O.,
PALAKKAD, PIN - 678002
23. NADEEM MOHAMMED AGED 29 YEARS THEKKUPURATHU (H) T B ROAD ,NEAR
STADIUM JUNCTION PATHANAMTHITTA, PIN - 689645
24. YASHITA ASHTA AGED 28 YEARS OPP. ASHOK NAGAR,1101 UDYAN II, K L
MARWAH ROAD, SAKINAKA, ANDHERI EAST, MUMBAI, PIN - 400072
25. SUJITH SUKUMARAN AGED 39 YEARS KARIPPAYIL, ALLAPRA , ALLAPRA,
VENGOLA, ALLAPRA, ERNAKULAM KERALA, PIN - 683556
26. ALLEN MICHAEL GEORGE AGED 34 YEARS 1052(18/133), PEEDIACKAL,
THATHAMPALLY WARD, ARYAD SOUTH ( PART) , ALAPPUZHA , KERALA, PIN -
688013
27. ANTONY AKASH ALBERT AGED 29 YEARS 16/320-C, OLLIPARAMBIL HOUSE,
KARUVELIPADY, THOPPUMPADY, S.O , THOPPUMPADY, ERNAKULAM, PIN -
682005
28. INSAM FAISAL AGED 29 YEARS PERUMPILLIL, MANKUZHY, UDUNBANNOOR,
UDUNBANNOOR, IDUKKI, PIN - 685595
29. SABEENA BASHEER AGED 39 YEARS NASEEMA MANZIL, THANKAYAM, NORTH
THRIKKARIPUR, KASARAGOD, PIN - 671310
30. AISHWARYA S AGED 30 YEARS SIVAM, PUTHUKKODE P.O, VAZHAYUR,
MALAPPURAM , KERALA, PIN - 673633
31. ASWATHY A R AGED 29 YEARS KANNAMATHU THEKKATHIL, ULIYAKOVIL,P.O,
KOLLAM, ULIYAKOVIL, KERALA, PIN - 691019
32. KRISHNAPRIYA K AGED 33 YEARS SREELAYAM, PUTHANANGADI, VARANAM,
ALAPPUZHA, PIN - 688555
33. JINAN ABDUL RASHEED M AGED 33 YEARS ZAITHOON, PERANGALI
PARAMB,THAMBURAN ROAD,NADUVATTOM,BEYPORE,KOZHIKODE, KERALA, PIN -
673015
34. ANJU MARIYA VARGHESE AGED 31 YEARS KUMBUKKADU,PULIYANMALA
KATTAPPANA,PULIYANMALA,IDUKKI,KERALA, PIN - 685515
35. ANNLEE KOSHY AGED 30 YEARS PANJIKKATTIL HOUSE, KATTAPPANA
P.O.,IDUKKI, KERALA, PIN - 685508
36. MARIA BABY AGED 28 YEARS KOMBANATHOTTATHIL HOUSE, KOTHAMANGALAM
P.O., NEAR SUBSTATION, ERNAKULAM, PIN - 686691
37. MERIN MARIAM ROY AGED 31 YEARS PERUMKUNNIL, MEZHUVELI
P.O.,PATHANAMTHITTA, PIN - 689507
38. AFSAL AMEEN V P AGED 37 YEARS VATTAPPARAMBIL,AMARAMBALAM SOUTH POST,
AMARAMBALAM , MALAPPURAM, PIN - 679339
39. M KABILAN AGED 27 YEARS 4/108C,
KADUVAVILAI,KARANKADU,KALKULAM,KARANKAD,KANNIYAKUMARI,TH\AMIL NADU,
PIN - 629809
40. ANJANA CHANDRAN K AGED 33 YEARS AKSHARA THANNISSERY,KODUVAYUR
PERUVEMBA ,THANNISSERI,PALAKKAD, PIN - 678501
41. AJAY KRISHNAN P V AGED 29 YEARS 27/756,PATATHU VALAPPIL,PATTERY
CROSS ROAD , KUTHIRAVATTOM,KOZHIKODE,KUTHIRAVATTOM,KERALA, PIN -
673016
42. ANAGHA S AGED 26 YEARS MERRY LAND, INDUSTRIAL ESTATE PO,NEAR
KARAKKAMANDAPAM,THIRUVANANTHAPURAM,THIRUVANANTHAPURAM, PIN - 695019
43. TEKAM VIJAYASARASWATHI AGED 30 YEARS PLOT 1-158/1, JATHARLA
BAZAARHATHOONR, DISTRICT ADILABAD,TELANGANA, PIN - 504304
44. SRUTHI S.NAIR AGED 29 YEARS MOHAN NIVAS, DNRA-142,
VALLAKKADAVU,DEVINAGAR, THIRUVANANTHAPURAM, KERALA, PIN - 695008
45. NIKHILA L N AGED 29 YEARS 568/1,NANDANAM,MELAMCODE,PAZHAKUTTY
P.O.,NEDUMANGAD,PAZHAKUTTY,THIRUVANANTHAPURAM,KERALA, PIN - 695561
46. GREESHMA GOPINATH AGED 30 YEARS PARAPARAMBIL HOUSE,MALA,VEDAMA,MALA
P.O,THRISSUR,KERALA, PIN - 680732
47. SANILA K H AGED 31 YEARS KUNNATH HOUSE,
PURATHUR,ALAPPAD,ALAPPAD,THRISSUR, PIN - 680641
48. RESHMA T M AGED 31 YEARS PRAJITHA NIVAS, KAKKODI,KOZHIKODE,KERALA,
PIN - 673611
49. C CHAWNGROLIANA AGED 27 YEARS COLLEGE VENG, LUNGLE, MIZORAM, PIN -
796701
50. SUMI S S AGED 39 YEARS T C-52/1361, AMBADI POOZHIKUNNU, INDUSTRIAL
ESTATE P.O., THIRUVANANTHAPURAM, PIN - 695019
51. SREESANTH S AGED 33 YEARS
SREELAKAM,MUTHUVADATHUR,PURAMERI,PURAMERI,KOZHIKODE, PIN - 673503
52. DHANYA K AGED 29 YEARS SREELAKSHMI,KOTHAMANGALAM
KOYILANDY,PANTHALAYANI,KOYILYANDI,QUILANDY,KOZHIKODE, PIN - 673305
53. ATHIRA M P AGED 29 YEARS PERUMPALLIMANA,ANGADIPPURAM
P.O.,PRATHEEKSHA COLONY,ANGADIPPURAM,MALAPPURAM, PIN - 679321
54. AYMA MAJEED AGED 29 YEARS KOLATHEKAT(H),KALATHODE
(PO),OLLUKKARA,THRISSUR, PIN - 680655
55. JUBIN MATHEW AGED 32 YEARS KARIKUDY HOUSE,THURUTHY,P.O, VENGOOR
WEST, ERNAKULAM, PIN - 683545
BY.ADV.SRI. P.SREEKUMAR (SR.) AND STANDING COUNSEL SRI.BINNY THOMAS FOR
R1 & R2.
GOVERNMENT PLEADER FOR R4 TO R6,R7,R8,R10.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and enforcement of the judgment in W.P.(C) NO.42454
of 2024 pending disposal of the Writ Appeal and direct the 1st respondent
to provisionally permit the appellants to register and appear for the Post
Graduate medial examinations (2021 batch), pending disposal of this writ
Appeal.
This Writ appeal coming on for orders on 27/12/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
WA.Nos.2159 OF 2024, 2166 OF 2024, 2164 OF 2024,
2167 OF 2024 & 2158 OF 2024
DR.KAUSER EDAPPAGATH, J.
&
BASANT BALAJI, J.
------------------------------------
WA.Nos.2159 OF 2024, 2166 OF 2024,
2164 OF 2024,
2167 OF 2024 & 2158 OF 2024
--------------------------------
Dated this the 27th day of December, 2024
ORDER
Basant Balaji, J.
The appellants are Doctors undergoing post graduate courses in various medical colleges in the State. The Writ Petitions were filed to issue a writ of certiorari calling for records leading to Ext.P10(a) Circular issued by Kerala University of Health Sciences to the extent it insists at least 80% attendance in the final year to satisfy the requirement of attendance to appear for the University exams and to quash the same, whereby the appellants herein are not permitted to appear for the Medical Post Graduate Degree Examinations to be conducted during January 2025, on the ground that they do not have the minimum mandatory 80% attendance in the final year.
2WA.Nos.2159 OF 2024, 2166 OF 2024, 2164 OF 2024, 2167 OF 2024 & 2158 OF 2024
2. The senior counsel appearing for the appellants has argued, pointing out clause 5.5 of the Post Graduate Medical Education Regulations, 2023 (for short 'the Regulations, 2023'), wherein the National Medical Commission has prescribed that in order to appear for the examination one should have 80% of the attendance. Thereafter, public notice was issued on 10.4.2024 giving certain clarifications on the Regulations, 2023, which includes frequently asked questions and clause 2 prescribes that the total days in 3 year comes to 1095 days and deducting weekly offs (156 days), the total working days will be 939. A student will require 80% attendance of working days (i.e. 751 days of 939 days) for appearing in the examination. It is also made clear that the period of training will be extended by the same number of days, for which maternity/ paternity leave and total excess casual leave, which have been availed in the 3 years. Thereafter, the 2nd respondent issued a notification dated 27.2.2024 and the circular dated 22.5.2024 was issued by the Academic (Medical) Section, prescribing the eligibility for 3 WA.Nos.2159 OF 2024, 2166 OF 2024, 2164 OF 2024, 2167 OF 2024 & 2158 OF 2024 appearing in the Examination, whereby a stipulation is introduced by which the candidate should have at least 80% attendance in the final year to satisfy the attendance for appearing the University Examination.
3. The Senior counsel appearing for the appellants has brought to the notice of this Court, the notification issued by various other universities in this Country in respect of the same examination, wherein the stipulation prescribes only for students having 80% aggregate attendance for entire three years.
4. The senior counsel appearing for the University vehemently opposes the prayer of the appellants and submits that the attendance shall be calculated for each year, based on the date of commencement of classes for that batch and the total leaves availed by the candidate. The attendance of the 1st year shall be calculated from the date of joining the course and commencement of training and for 2nd and final year, it shall be calculated from the date of promotion to respective years. It is also submitted that the candidate 4 WA.Nos.2159 OF 2024, 2166 OF 2024, 2164 OF 2024, 2167 OF 2024 & 2158 OF 2024 has to complete 36 months course, to be eligible to appear for the final year examinations.
5. The larger question to be decided in this Writ Appeal is whether the University has the power under Sections 5 and 6 of the Kerala University of Health Science, 2010 to incorporate a stipulation that the students need to have 80% attendance for final year. For that the pleadings of the respective respondents are to be brought on record.
6. From the perusal of Ext.P13, it can be seen that the last day of registration of examination and online submission of attendance is to end on 31.12.2024 without fine.
7. Having heard the senior counsel appearing for the appellants as well as the senior counsel appearing for the respondents, we are prima facie satisfied that the appellants are entitled for an interim order. Therefore, the following directions are issued:
(i) Respondent Nos.2 and 3 are directed to accept the online registration of Final Year PG Examinations and online 5 WA.Nos.2159 OF 2024, 2166 OF 2024, 2164 OF 2024, 2167 OF 2024 & 2158 OF 2024 submission of attendance of the appellants herein provisionally, subject to the stipulation that all the students should have attendance 751 days in aggregate for the 3 years as on the date of registration (31.12.2024).
(ii) Mere acceptance of the registration of examinations will not give the appellants a vested right to appear for the examination and will be subject to the result of the Writ Appeal.
Post for final hearing on 06.01.2025. The pleadings shall be completed by then.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE Sd/-
BASANT BALAJI, JUDGE Saap/dl 27-12-2024 /True Copy/ Assistant Registrar