Disposed

Basil Syam v. the Registrar, Kerala University of Health Sciences

Kerala HC8 Jun 2012WP(C)/4563/2012

Case brief

AI extract

What is this about?

The Kerala High Court was asked to challenge the internal examination pass mark condition. The petitioner had failed to meet 35% marks despite an interim stay. The Court directed the petitioner to seek redress by filing a representation to the Vice Chancellor within two months. All legal issues were left open, and the writ petition was disposed of without costs.

What did the court decide?

Filing of a representation to the Vice Chancellor was directed; decision to be communicated within two months.

Basil Syam Vs the Registrar, Kerala University of… — Education and Admissions | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

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FRIDAY, THE 8TH DAY OF JUNE 2012/18TH JYAISHTA 1934

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WP(C).No. 4563 of 2012 (U)

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PETITIONER(S):

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BASIL SYAM,AGED 19 YEARS, S/O BABY JOSEPH, THOTTAPPADAN HOUSE, ALLAPRA P.O., PERUBAVOOR.(STUDYING 1ST YEAR B.H.M.S STUDENT AT DR. PADIYAR MEMORIAL HOMOEPATHY MEDICAL COLLEGE, CHOTANIKKARA, PIN- 682 312

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BY ADVS.SRI.BABU CHERUKARA

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SRI.K.K.ALIAS SRIJEEMON JOHN SRI.S.RUSSEL SRI.V.R.ARUN

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RESPONDENT(S):

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1. THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O. TRISSUR, PIN- 680 596.

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2. CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O. TRISSUR, PIN- 680 596

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3. THE PRINCIPAL, DR. PADIYAR MEMORIAL HOMOEPATHY MEDICAL COLLEGE, CHOTTANIKKARA P.O .

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4. CENTERAL COUNCIL OF HOMOEPATHY, (DEPARTMENT OF INDIAN SYSTEMS OF MEDICINE AND HOMOEPATHY) JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVUM HOMOEPATHIC ANUSANDHAN BHAWAN 61-65, INSTITUTIONAL AREA,

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OPPOSITE D BLOCK JANAKPURI, NEW DELHI, PIN- 110 058

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5. THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL,

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RED CROSS ROAD, THIRUVANANTHAPURAM, KERALA, THIRUVANANTHAPURAM PIN- 695 035

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6. THE DIRECTOR,MEDICAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN- 695 035

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R3 BY ADV. SMT.R.RANJINI

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R5 BY ADV. SRI.N.RAGHURAJ, SC, TCMC BY ADV. SRI.CHERIAN VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C)NO.4563/2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE IDENTITY CARD OF THE PETITIONER.

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P2 COPY OF THE REGULATIONS (PARTY VI) ISSUED BY THE CENTRAL COUNCIL OF HOMOEOPATHY WITH REGARD TO EXAMINATION RELEVANT PART.

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P3 COPY OF THE NOTIFICATION FOR THE EXAMINATIONS ISSUED BY THE CONTROLLER OF EXAMINATIONS, K U H S, DATED 30/1/2012.

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P4 COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 15/11/2011

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

T.R. RAMACHANDRAN NAIR, J.

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~~~~~~~~~~~~~~~~~~~~~~~~~~~

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W.P.(C). No.4563/2012-U

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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~
 Dated this the 8th day of June, 2012

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J U D G M E N T

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The petitioner herein is a student of Bachelor of Homoeopathic Medicine and Surgery in the Dr.Padiyar Memorial Medical College, Chottanikkara. The petitioner joined the College in 2010-11 and is expected to complete the course by 2015.

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It is averred in the writ petition that in the two initial internal examinations conducted by the College authorities, the petitioner could only obtain 30% marks. He filed this writ petition seeking for various reliefs and by challenging the condition that for internal examination, a minimum of 35% should be obtained. The interim order passed by this Court dated 07/03/2012 permitted the petitioner to appear for the first B.H.M.S examination to be conducted by the respondents, without insisting on the requirement of 35% marks in the internal assessment.

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It is submitted by the learned Standing Counsel for the University that the petitioner appeared for the examination but the result shows that he has failed again.

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Therefore, the only possible alternative for the petitioner is to approach the Vice Chancellor with an appropriate representation pointing out his grievances in the matter. In that view of the matter, on the petitioner filing a representation, pointing out his grievances, before the

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W.P.(C). No.4563/2012

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-:2:-

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Vice Chancellor, the same will be considered and appropriate decision will be taken and communicated to the petitioner within a period of two months from the date of receipt of the representation. In the light of the above, all the legal issues raised by petitioner are left open. The writ petition is disposed of as above. No costs.

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Sd/-

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(T.R. Ramachandran Nair, Judge.)

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ms

Basil Syam v. the Registrar, Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

Basil Syam v. the Registrar, Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

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