The High Court applied directions from a previous judgment (11190/2015) to several connected writ petitions, directing colleges to issue attendance certificates to admit petitioners to examinations.
Colleges directed to issue attendance certificates to petitioners, enabling them to appear for examinations pursuant to directions in W.P.C. No. 11190/2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938
WP(C).No. 19159 of 2016 (T)
PETITIONER:
DR.K.SANGEETHA, P.G.STUDENT, DEPARTMENT OF PATHOLOGY, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM.
BY ADVS.SRI.LIJI.J.VADAKEDOM
RESPONDENT(S):
1. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM-686 008.
2. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-685 001.
3. THE KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, THRISSUR-680 596.
4. CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR-680 596.
R1 & R2 BY SENIOR GOVT. PLEADER SRI.C.P.PRADEEP R3 & R4 BY ADV. SRI.P.SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-09-2016 ALONG WITH WPC.19203/2016 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 19159 of 2016 (T)
APPENDIX
PETITIONER(S)' EXHIBITS:
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
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A.M.SHAFFIQUE, J
*** * * * * * * * * * * *** W.P.C.Nos.19159, 19184,
19187, 19192, 19195, 19203, 19204, 19205, 19216, 19217, 19224, 20294 of 2016
Dated this the 28th day of September 2016
J U D G M E N T
The issue projected in these writ petitions are covered by the judgment of this Court dated 08/04/2015 in W.P.C.No.11190 of 2015 wherein, after considering the respective contentions of the parties, the following directions had been issued at paragraph 6.
“6. In the above circumstances, the respondent College is directed to re-schedule the petitioner's course in accordance with what is indicated above and if the petitioner has 80% attendance as required by the University necessarily, the petitioner would have to be admitted to the examinations which are to be notified in April-2015. There is no requirement for any additional classes of 16 days, since what the College would have to do, is to reschedule the course in accordance with what has been suggested by the University and clearly indicated herein above and determine as to whether in such calendar years, the
W.P.C.Nos.19159/2016 & conn.cases
2
petitioner has 80% attendance.
The writ petition is disposed of, permitting the petitioner to appear for the examinations of the Post Graduate Course.”
Under such circumstances, the directions issued in the aforesaid judgment shall apply to the petitioners also.
i) The Principals of the respective Colleges shall issue necessary certificate confirming that the petitioners had acquired the required attendance during the three year course.
ii) The Colleges shall intimate the said fact to the University within a period of two weeks from the date of receipt of a copy of this judgment, in such event, the University shall take appropriate action in the matter, as expeditiously, as possible.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
2 issues framed by the court
Whether directions issued in a previous judgment regarding PG course admission and attendance should apply to similar petitioners.
Whether colleges must issue certificates confirming required attendance for admission to examinations.
Colour shows how this judgement treated each authority
Judgment dated 08/04/2015Applied¶37
W.P.C.No.11190 of 2015
Dr.K.Sangeetha
The Principal, Government Medical College, Kottayam [And 3 Others]
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A.M. Shaffique
Parties & counsel
