Dismissed

Jesna Liyakath Ali Khan v. Kerala University of Health Science

Kerala HC14 Mar 2016WP(C)/5274/2015

Case brief

AI extract

What is this about?

A writ petition filed by an MBBS student seeking direction to condone shortage of attendance and permit appearance in examinations. The court held that without a provision of law permitting condonation of attendance shortages beyond the statutory limit, the petition is dismissed.

What did the court decide?

Direction to condone shortage of attendance exceeding statutory limit is refused; no direction to permit writing of examinations.

Jesna Liyakath Ali Khan Vs Kerala University of… — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937

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WP(C).No. 5274 of 2015 (H)

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PETITIONER(S):

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JESNA LIYAKATH ALI KHAN, 3RD YEAR MBBS STUDENT (6TH SEMESTER), TRAVANCORE MEDICAL COLLEGE, N.H. BYPASS, UMAYANALLOOR P.O., KOLLAM- 691 589 AND PERMANENT RESIDENT OF NISHARA HOUSE, HARIPAD P.O., ALAPPUZHA DISTRICT, PIN- 690 514.

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BY ADVS.SRI.DIPU.R., SRI.SANAL P.RAJ, DHANYA BABU.

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RESPONDENT(S):

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1. KERALA UNIVERSITY OF HEALTH SCIENCE, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE CAMPUS, THANGALOOR, THRISSUR -680 596.

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2. THE VICE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCE, MEDICAL COLLEGE CAMPUS, THANGALOOR, THRISSUR- 680 596.

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3. THE PRINCIPAL, TRAVANCORE MEDICAL COLLEGE, N.H. BYPASS, UMAYANALLOOR P.O., KOLLAM- 691 589.

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R1 & R2 BY ADV. SRI.P.SREEKUMAR, SC. R3 BY ADVS. SRI.T.B.HOOD, SMT.M.ISHA.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 5274 of 2015 (H)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1;	TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19.05.2014.
EXT.P2:	TRUE COPY OF THE NON-LIABILITY CERTIFICATE ISSUED TO THE PETITIONER.
EXT.P3:	TRUE COPY OF THE OF FEES RECEIPT DATED 06.02.2015.
EXT.P4:	TRUE COPY OF THE PTA RECEIPT DATED 06.02.2015 ISSUED TO THE PETITIONER
EXT.P5:	TRUE COPY OF THE REPRESENTATION DATED 06.02.2015 SUBMITTED BEFORE THE 1ST RESPONDENT.
EXT.P6:	TRUE COPY OF REPRESENTATION DATED 06.02.2015 SUBMITTED BEFORE THE 2ND RESPONDENT.
EXT.P7:	TRUE COPY OF THE POSTAL RECEIPTS EVIDENCING THE DISPATCH OF EXTS.P5 AND P6.

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RESPONDENT'S ANNEXURES:-

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ANNEXURE A COPY OF THE RELEVANT PAGES OF THE UNDER GRADUATE MEDICAL COURSE (MBBS) REGULATIONS OF THE 1ST RESPONDENT UNIVERSITY.

//TRUE COPY//

P.S. TO JUDGE

rs.

P.V.ASHA, J.

W.P.(C) No.5274 of 2015

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Dated this the 14^th day of March, 2016

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JUDGMENT

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This writ petition is filed by a student seeking for a direction to the respondents to permit her to write the 2^nd year MBBS Examination, condoning the shortage of attendance.

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I heard the learned counsel for the petitioner, the learned standing counsel for the University as well as the learned counsel appearing for the College.

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The petitioner is undergoing MBBS course in the 3^rd respondent's College. She has got only 60% of attendance. The learned counsel appearing for the University pointed out that the shortage of attendance which can be condoned by the University is 10% and in this case as the petitioner has got only 60% of the total attendance, the shortage cannot be condoned. In such circumstances, there cannot be any direction to the respondents to condone the shortage of attendance of the petitioner, as long as there is no provision of law which permits such condonation.

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W.P.(C) No.5274 of 2015

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:2:

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The petitioner is therefore not entitled to any of the reliefs sought for in the writ petition. The writ petition is therefore dismissed.

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Sd/-

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P.V.ASHA JUDGE

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rkc

Jesna Liyakath Ali Khan v. Kerala University of Health Science

Case brief

What is this about?

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Jesna Liyakath Ali Khan v. Kerala University of Health Science

Case brief

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