Dismissed

Vinith Viswananthan v. Azeezia Medical College

Kerala HC18 Aug 2016WP(C)/13073/2016

Case brief

AI extract

What is this about?

The petitioner sought a declaration regarding result publication and an finding of no attendance shortage. The High Court held the petitioner admitted the shortage earlier, making such a declaration unjustified. The petition was dismissed, with the right to challenge the University's rejection reserved.

What did the court decide?

The writ petition was dismissed. The court reserved the petitioner's right to appropriate proceedings to challenge the University's order.

Vinith Viswananthan Vs Azeezia Medical College — Education and Admissions | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

THURSDAY, THE 18TH DAY OF AUGUST 2016/27TH SRAVANA, 1938

¶5

WP(C).No. 13073 of 2016 (H)

¶6

PETITIONER:

¶7

VINITH VISWANATHAN, S/O.VISWANATHAN, VENGANCHIRAYIL HOUSE, NATTASSERY KARA, VARAMPUZHA P O, VIJAYAPURAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.

¶8

BY ADV. SRI.BIJU .C. ABRAHAM

¶9

RESPONDENTS:

¶10

1.AZEEZIA MEDICAL COLLEGE, KOLLAM - 691001, REPRESENTED BY PRESENTLY ITS PRINCIPAL, SRI.SUJATHAN

¶11

2.THE CHAIRMAN & MANAGING DIRECTOR, AZEEZIA MEDICAL COLLEGE, KOLLAM - 691001.

¶12

3.THE UNIVERISTY OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS VICE-CHANCELLOR

¶13

4.THE CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY, PALAYAM, THIRUVANANTHAPURAM - 695001.

¶14

5.DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM - 695001.

¶15

6.KERALA STATE COMMISSION FOR SCHEDULED CASTS & SCHEDULED TRIBES, AYYANKALI BHAVAN, KANAKA NAGAR, VELLAYAMBALAM,THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS CHAIRMAN.

¶16

R1 BY SRI.KURIAN GEORGE KANNANTHANAM(SENIOR ADVOCATE) ADV.SRI.TONY GEORGE KANNANTHANAM R3 & R4 BY SRI.PAUL JACOB, SC R5 & R6 BY GOVERNMENT PLEADER SMT.LILLY.K.T BY SMT.MEENA. A., SC

¶17

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

mbr/

¶19

WP(C).No. 13073 of 2016 (H)

¶20

APPENDIX

¶21

PETITIONER(S)' EXHIBITS:

¶22

P1 : A TRUE PHOTOCOPY OF THE SAID ORDER DT 12/1/2015 BY THIS HON'BLE COURT IN WPC NO 9109/2014.

¶23

P2 : A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DTD 21.2.2015.

¶24

P3 : A TRUE PHOTOCOPY OF THE INTERIM ORDER DTD 15/7/2015 IN WPC NO 18470/2015.

¶25

P4 : A TRUE PHOTOCOPY OF THE JUDGMENT DTD 17/9/2015 IN WPC NO 18470/2015.

¶26

P5 : A TRUE PHOTOCOPY OF THE APPLICATION DTD 6/10/2015. P6 : A TRUE PHOTOCOPY OF THE INFORMATION RECEIVED UNDER RTI DTD 5/12/2015.

¶27

P7 : A TRUE PHOTOCOPY OF PETITION DTD 1/2/2016. P8 : A TRUE PHOTOCOPY OF THE COPY OF LETTER DTD 8/2/2016 RECIVED BY THE PETITIONER.

¶28

RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

A.M.SHAFFIQUE, J.

¶33

W.P (C) No. 13073 of 2016

¶34

Dated this the 18^th day of August, 2016

¶35

J U D G M E N T

¶36

Petitioner has approached this Court seeking for a direction to the respondents to declare the results of the petitioner and also for a declaration that there is no shortage of attendance on the part of the petitioner so as to withhold the results.

¶37

It is pointed out that earlier the petitioner had approached this Court by filing W.P. (C) No.18470/2015. By judgment dated 17.09.2015, this Court permitted the petitioner to file an application for condonation of shortage of attendance before the College and the College was asked to sympathetically consider the same and forward the application

¶38

to the University. It was also stated that the results of the petitioner shall be published in case the shortage in attendance is condoned.

¶39

Learned Senior Counsel appearing for the College submits that petitioner did submit any application for condonation of the shortage in attendance. However, taking into account the direction issued by this Court, by letter dated

¶40

W.P (C) No. 13073 of 2016

¶41

¶42

08.02.2016 (Exhibit P8) the College had requested the Controller of Examinations to condone the shortage of attendance.

¶43

Learned counsel appearing for the University submits that the University had considered Exhibit P8 application and the request for condoning the shortage of attendance had been rejected. A copy of the order is sent to the College.

¶44

Having regard to the aforesaid submissions, I do not think that this Court will be justified in issuing any declaration as sought for. Initially the petitioner had admitted the fact that there was shortage in attendance and accordingly he had submitted an application to the college for condoning the shortage. When the said application was not considered, since it was not complete in all respects. It is in the said circumstances that the petitioner had approached this Court by filing W.P. (C) No.18470/2015. At the time of filing the said writ petition, the petitioner had the opportunity to contend that there was no shortage in attendance. However, no such ground was taken at the relevant time and this Court permitted the petitioner to file a separate application.

¶45

W.P (C) No. 13073 of 2016

¶46

¶47

Having regard to the aforesaid factual situation, I do not think that the petitioner is entitled for any relief in the present writ petition. However, if the petitioner is aggrieved by the order passed by the University, it shall be open for the petitioner to challenge the same in appropriate proceedings. Reserving the said right, this writ petition is dismissed.

¶48

A.M.SHAFFIQUE JUDGE

¶49

DMR/-

Vinith Viswananthan v. Azeezia Medical College

Case brief

What is this about?

What did the court decide?

Vinith Viswananthan v. Azeezia Medical College

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Vallapuzha Service Co-Op. Bank Ltd. Vs the Income Tax Officer(Tds), Palakkad

Ugin Papli Vs Kerala State Electricity Board and Ors.

K.P.Krishna Menon Vs State of Kerala

Dilsha P.M Vs State of Kerala

Bilnamol Vs the University of Calicut

Amritha V.K. Vs the University of Calicut