The High Court of Kerala rejected an appeal against a single judge order dismissing a student's plea to attend second-year MBBS classes provisionally after failing first-year subjects, emphasizing adherence to university and MCI regulations.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 11TH JUNE 2007 / 21ST JYAISHTA 1929
WA.No. 1342 of 2007() --------------------AGAINST THE JUDGEMENT IN WPC.15981/2007 Dated 30/05/2007 ....................
APPELLANT: PETITIONER:
NARENDRA DEV R., AGED 20 YEARS, S/O.DR.REGHUKUMAR, 2005 BATCH M.B.B.S. STUDENT, A.C.M.E. PARIYARAM, P.O.PARIYARAM, KANNUR DISTRICT.
BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA
RESPONDENTS: RESPONDENTS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L. DATTU, C.J. & K.T. SANKARAN, J.
---------------------------------------------------------- W.A.No. 1342 of 2007
Dated, this the 11th day of June, 2007 JUDGMENT
H.L. DATTU, CJ.
This appeal arises out of an order passed by a learned Single Judge of this Court in W.P.(C) No.15981/2007 dt. 30.5.2007.
Petitioner is prosecuting his MBBS Course. He is a student of the 3rd respondent College. He has failed in Anatomy and Physiology subjects. He has applied for revaluation of those papers. The results of such revaluation are not yet announced. In the meanwhile he wants to attend the second year MBBS course. Since the respondents had not permitted him to attend the second year MBBS classes, he was before this court for the relief indicated by us earlier.
W.A. 1342/2007
2
case he has failed in the first year MBBS course and has applied for revaluation of the papers. In the absence of such regulations, this Court, in exercise of its extraordinary jurisdiction, should not direct the University to permit a student who has failed in the first year course to attend the classes in the second year MBBS course subject to either passing the first year course or till the results of the revaluation of the papers is announced. If it is done, then this court would be re-writing the regulations of the MCI as well as the University Regulations. This is not expected from this court.
W.A. 1342/2007
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to accept the views expressed by the other learned Judge, he would have referred the matter to a Division Bench as has been observed in the aforesaid two decisions of the Apex Court. We have also perused the orders passed by the learned Judge in the writ petition. In that order nowhere it is stated that a reference is made by the learned counsel for the petitioner about the orders passed by another learned Judge. In that view of the matter we cannot find fault with the order passed by the learned Singe Judge.
H.L. DATTU, CHIEF JUSTICE.
K.T. SANKARAN, JUDGE.
mt/DK.
1 issue framed by the court
Whether the High Court can use its extraordinary jurisdiction to direct a university to permit a student who failed in the first year MBBS to attend second year classes pending revaluation results in
Colour shows how this judgement treated each authority
Bir Bajrang Kumar v. State of Bihar and othersReferred¶30
Bir Bajrang Kumar v. State of Bihar and others - AIR 1987 SC 1345 · Who else cites this
Dr. Vijay Laxmi Sadho v. JagdishReferred¶30
Dr. Vijay Laxmi Sadho v. Jagdish - (2001) 2 SCC 247 · Who else cites this
Narendra Dev R.
Kannur University
Controller of Examinations, Kannur University
Principal, Academy of Medical Sciences
H.L. DATTU
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
