Petitioner challenged refusal by J.D.T. Islam College of Pharmacy to permit sitting for Part-I D.Pharm. exam due to less than 75% attendance. Court held regulations mandate participation in full 2ndo year, dismissing petition.
Petition dismissed; no costs awarded to petitioner.
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 K.VINOD CHANDRAN
FRIDAY, THE 17TH DAY OF NOVEMBER 2017/26TH KARTHIKA, 1939
WP(C).No. 35504 of 2017 (K)
PETITIONER:
ANURAJ BABU,
AGED 20 YEARS,S/O BABURAJA.E,CHERUVATTURPOYIL, ULLIYERY,KOZHIKODE DISTRICT-673323.
BY ADV. SRI.K.K.JAYARAJ NAMBIAR
RESPONDENT(S):
1. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE. P.O,THIRUVANANTHAPURAM-695011.
2. THE PRINCIPAL, J.D.T.ISLAM COLLEGE OF PHARMACY,KOZHIKODE-673012.
R1 BY GOVERNMENT PLEADER SMT VINEETHA HARIRAJ R2 BY ADV. SRI.C.P.MOHAMMED NIAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 35504 of 2017 (K)
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 TRUE COPY OF THE ATTENDANCE STATUS OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT COLLEGE. EXHIBIT P2 TRUE COPY OF DETAILS OF INTERNAL MARKS AWARDED BY THE 2ND RESPONDENT COLLEGE. EXHIBIT P3 TRUE COPY OF THE PROGRESS REPORT OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT COLLEGE. EXHIBIT P4 REPRESENTATION DATED 26.10.2017 SUBMITTED BEFORE THE 1ST RESPONDENT EXHIBIT P5 REPRESENTATION DATED 26.10.2017 SUBMITTED BEFORE THE HON'BLE MINISTER FOR HEALTH AND SOCIAL JUSTICE,GOVERNMENT OF KERALA. EXHIBIT P6 TRUE COPY OF THE ATTENDANCE STATEMENT DATED 16.11.2017 ISSUED FROM THE MEDICAL COLLEGE KOTTAYAM. RESPONDENT(S)' EXHIBITS ----------------------R2(A) TRUE COPY OF THE RELEVANT EXTRACT OF THE EDUCATION REGULATIONS OF THE PHARMACY COUNCIL OF INDIA. R2(B) TRUE COPY OF THE CIRCULAR DATED 13.7.2014 ISSUED BY THE PHARMACY COUNCIL OF INDIA. /TRUE COPY/ K.V. P.S.TO JUDGE
K. VINOD CHANDRAN, J.
W.P.(C) No. 35504 of 2017 (K)
Dated: 17th November, 2017
J U D G M E N T
The petitioner is aggrieved with the refusal of the 2nd respondent to permit the petitioner to sit for the Part I examination of D.Pharm. Course, in which the petitioner is studying.
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and in practicals separately in each subject of the 2nd year course. The petitioner submits that, then, at least the petitioner be permitted to appear in the two subjects in which he has more than 75% attendance so that he will not have to sit for the 1st year again. That would not be permissible, since, if he does not sit in the 1st year, he would not gain attendance of 75% in the other subjects. The petitioner, definitely, would have to continue in the 1st year for getting the attendance and he cannot be passed on to the 2nd year.
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details were never produced before the 2nd respondent. It is also pointed out that even if Ext.P6 is reckoned, admittedly, he had not appeared in any practicals during his tenure in the Government Medical College. In such circumstance, this Court does not find any reason to interfere with the decision of the 2nd respondent.
The writ petition is dismissed. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 17/11/17
3 issues framed by the court
Whether the petitioner can be permitted to sit for the Part-I examination despite having less than 75% attendance.
Whether previous attendance at another Government Medical College can be considered for the current admission.
Whether the college can refuse transfer of credits for practicals not appearing in student's record.
2 provisions across 2 enactments
Anuraj Babu
The Director of Medical Education, Medical College. P.O, Thiruvananthapuram
The Principal, J.D.T. Islam College of Pharmacy, Kozhikode
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
