Dismissed

Anees Basil C. v. the Kerala University of Health Science

Kerala HC21 Dec 2018WP(C)/32672/2018

Case brief

AI extract

What is this about?

Group writ petitions filed by MBBS and BDS students seeking distribution of grace marks across multiple failed subjects. The High Court dismissed the petitions, holding that grace marks can be awarded only for one subject under MCI and University regulations and no reason exists to direct their distribution.

What did the court decide?

The writ petitions filed by MBBS and BDS students seeking to distribute grace marks across multiple subjects were dismissed.

Anees Basil C. Vs the Kerala University of Health… — Education and Admissions | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE

¶4

FRIDAY, THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

¶5

WP(C).No.32672 of 2018

¶6

PETITIONER/S:

¶7

ANEES BASIL C., AGED 23 YEARS, S/O SULAIMAN, FIRST YEAR M. B. B. S. STUDENT, KANNUR MEDICAL COLLEGE, KANNUR, RESIDING AT JUMANA MAHAL, TOWN HALL ROAD, KANNUR-679322.

¶8

BY ADV. SRI.B.MOHANLAL

¶9

RESPONDENT/S:

¶10

1 THE KERALA UNIVERSITY OF HEALTH SCIENCE, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., THRISSUR, PIN-680020.

¶11

2 THE VICE CHANCELLOR, THE KERALA UNIVERSITY OF HEALTH SCIENCE, MEDICAL COLLEGE P.O., THRISSUR, PIN-680020.

¶12

3 THE CONTROLLER OF EXAMINATIONS, THE KERALA UNIVERSITY OF HEALTH SCIENCE, MEDICAL COLLEGE P.O., THRISSUR, PIN-680020.

¶13

4 THE CHAIRMAN, BOARD OF ADJUDICATION, GRIEVANCE CELL, THE KERALA UNIVERSITY OF HEALTH SCIENCE, MEDICAL COLLEGE P O, THRISSUR, (THE PRO VICE CHANCELLOR, THE KERALA UNIVERSITY OF HEALTH SCIENCE, MEDICAL COLLEGE P O, THRISSUR), PIN-680020.

¶14

5 THE MEDICAL COUNCIL OF INDIA, POCKET 14, DWARAKA SECTOR 8, PHASE 1, NEW DELHI-11077, REPRESENTED BY ITS SECRETARY GENERAL

¶15

BY SRI.P.SREEKUMAR, SC, KERALA UTY.HEALTH AND ALLIED SCIENCE

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, ALONG WITH WP(C).37952/2018 AND W.P.(C) NO.40400/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No.32672/2018 & conn.cases 2

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶19

PRESENT

¶20

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶21

FRIDAY, THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

¶22

WP(C).No.37952 of 2018

¶23

PETITIONER/S:

¶24

ANN ROSE, AGED 23 YEARS, ANUGRAH, KOMBAN HOUSE, T.B.ROAD, IMA BYE LANE, MISSION QUARTERS, THRISSUR680 001.

¶25

BY ADVS. SMT.M.J.RAJASREE SRI.ANIRUDH KADAVIL SRI.K.V.ANIL

¶26

RESPONDENT/S:

¶27

1 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., THRISSUR, KERALA-680 596.

¶28

2 VICE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE, P.O.THRISSUR, KERALA - 680 596.

¶29

3 CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR MEDICAL COLLEGE P.O., THRISSUR, KERALA - 680 596.

¶30

4 PRO VICE CHANCELLOR, CHAIRMAN, BOARD OF ADJUDICATION GRIEVANCE CELL, KERALA UNIVERITY OF HEALTH SCIENCES, MEDICAL COLLEGE, P.O.THRISSUR, KERALA - 680 596.

¶31

BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE

¶32

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, ALONG WITH WP(C).32672/2018 ANDW.P.(C)NO.40400/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶33

WP(C).No.32672/2018 & conn.cases 3

¶34

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶35

PRESENT

¶36

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶37

FRIDAY, THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

¶38

WP(C).No.40400 of 2018

¶39

PETITIONER/S:

¶40

TREESA JOSEPH, AGED 26 YEARS, DAUGHTER OF SRI.JOSEPH VETTICKAPPILLIL, RESIDING AT VETTICKAPPILLIL HOUSE, KIZHATHADIYOOR P.O., PALA, KOTTAYAM DISTRICT-686574.

¶41

BY ADVS. DR.THUSHARA JAMES SMT.MARIA ELIZABETH WILSON SMT.SNEHA VIJAYAN

¶42

RESPONDENT/S:

¶43

1 THE KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., THRISSUR-680596.

¶44

2 THE VICE CHANCELLOR, THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR-680596.

¶45

3 THE CONTROLLER OF EXAMINATIONS, THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR -680596.

¶46

4 THE CHAIRMAN, BOARD OF ADJUDICATION, GRIEVANCE CELL, THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O.,THRISSUR -680596.

¶47

5 THE MEDICAL COUNCIL OF INDIA, POCKET 14, SECTOR 8, DWARAKA, NEW DELHI-110 077.

¶48

BY ADVS.

¶49

SRI.P.SREEKUMAR, SC, KERALA UTY.HEALTH AND ALLIED SCIENCE SRI.TITUS MANI

¶50

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018 ALONG WITH WP(C).32672/2018 AND W.P.(C)NO.37952/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶51

WP(C).No.32672/2018 & conn.cases 4

¶52

JUDGMENT

¶53

[ WP(C) 32672/2018, WP(C).37952/2018, WP(C)40400/2018 ]

¶54

The petitioners are M.B.B.S. and B.D.S. students. They failed in more than one subject in the examination. They are claiming grace marks. The MCI Regulations regarding grace marks is as follows:

¶55

“The grace marks up to a maximum of five marks may be awarded at the discretion of the University to a student who has failed only in one subject but has passed in all other subjects.”

¶56

The Kerala Health University also framed Regulations. In the said Regulations, it is stated in grace marks as follows:

¶57

“Grace Marks:

¶58

a. For MBBS and BDS courses, grace marks up to a maximum of five marks may be awarded for an examination at the discretion of the Examination Pass Board for a candidate in one subject (theory/practical/viva/internal assessment either individually or together) for a whole pass in that particular examination as stipulated by the respective Councils from time to time.”

¶59

WP(C).No.32672/2018 & conn.cases 5

¶60

As seen from MCI Regulations, grace marks can be awarded for only one subject. It cannot be distributed into various subjects. It may be true that the petitioners need only one mark to clear the failed subjects. But, it is not possible for this Court to distribute five marks in the various subjects in the light of MCI Regulations since it is specifically stated that the grace marks can be awarded only in one subject.

¶61

The petitioners point out to the discriminatory nature of the Regulations framed by the University and argued that the University allows grace marks to be distributed more than one subject for courses other than M.B.B.S. and B.D.S. The University has not framed separate Regulations for M.B.B.S. and B.D.S. Courses. If the University adopts MCI Regulation, it cannot be said that it would stand contrary to other Regulations framed by the University. The grace marks would depend upon the Regulation framed under the Central Law or the State Law, it may be vary from course to course. The court cannot strike it down on account of the difference in

¶62

WP(C).No.32672/2018 & conn.cases 6

¶63

the rules regarding grace marks in different courses. The object of every Regulation is different and therefore, the procedure to achieve the measures also would be different. That be the case, I find no reason to direct the respondents to award the grace marks to the petitioners.

¶64

Therefore, the writ petitions are dismissed.

¶65

Sd/-

¶66

A.MUHAMED MUSTAQUE

¶67

JUDGE

¶68

WP(C).No.32672/2018 & conn.cases 7

¶69

¶70

PETITIONER'S/S EXHIBITS:

¶71

EXHIBIT P1 THE TRUE COPY OF THE EVALUATION OF THE MARK LIST OF THE PETITIONER FOR THE FIRST YEAR M.B.B.S. SUPPLEMENTARY EXAMINATION AUGUST 2016.

¶72

EXHIBIT P2 THE TRUE COPY OF THE EXAMINATION RESULT OF THE FIRST YEAR M.B.B.S. SUPPLEMENTARY EXAMINATION AUGUST 2016 OF THE PETITIONER. EXHIBIT P3 THE TRUE COPY OF THE EVALUATION OF THE MARK LIST OF THE PETITIONER FOR THE FIRST YEAR M.B.B.S. SUPPLEMENTARY EXAMINATION JULY 2017. EXHIBIT P4 THE TRUE COPY OF THE EXAMINATION RESULT OF THE FIRST YEAR M.B.B.S. SUPPLEMENTARY EXAMINATION JULY 2017 OF THE PETITIONER.

¶73

EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED 23/09/2016 IN W.P.(C) NO: 29304/2016 OF THIS HON'BLE COURT. EXHIBIT P6 THE TRUE COPY OF THE ORDER NO. 15959/DEAN/SA/KUHS/2017 DATED 26/12/2017 PASSED BY THE 4TH RESPONDENT TO THE PETITIONER.

¶74

EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN WP(C) 252/2017 DATED 23/3/2017 OF THIS HONORABLE COURT.

¶75

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE

WP(C).No.32672/2018 & conn.cases 8

¶80

¶81

PETITIONER'S/S EXHIBITS:

¶82

EXHIBIT P1 TRUE COPY OF THE EXAMINATION RESULT OF FINAL BDS PART II SUPPLEMENTARY EXAMINATIONS DATED 12/09/2018. EXHIBIT P2 TRUE COPY OF THE SCORE SHEET OF QP CODE 408002. EXHIBIT P3 TRUE COPY OF THE REQUEST LETTER DATED 17/10/2018. EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 07/11/2018.

¶83

RESPONDENTS EXHIBITS:NIL.

¶84

¶85

WP(C).No.32672/2018 & conn.cases 9

¶86

APPENDIX

¶87

PETITIONER'S/S EXHIBITS:

¶88

EXHIBIT P1 COPY OF THE MARK LIST DATED 7.11.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER PERTAINING TO THE THIRD PROFESSIONAL MBBS PART II DEGREE SUPPLEMENTARY EXAMINATION (2010 ADMISSION) AUGUST 2018.

¶89

EXHIBIT P2 COPY OF THE RELEVANT PORTION OF THE ACADEMIC REGULATIONS OF THE 1ST RESPONDENT PUBLISHED IN THE YEAR 2016.

¶90

RESPONDENTS EXHIBITS:NIL.

¶91

//TRUE COPY// P.A.TO JUDGE

¶92

Anees Basil C. v. the Kerala University of Health Science

Case brief

What is this about?

What did the court decide?

Anees Basil C. v. the Kerala University of Health Science

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

Rijo M.J Vs Government of Kerala

Dhananjayan K. Vs State of Kerala

Secretary, Board of Management, Chinmaya Vidyalaya Vs District Educational Officer

K.R Rajeswari Vs the State of Kerala

Mary Mathew Vs the State of Kerala

Karthu M.S., Vs the Secretary General