Allowed

D-Pham Students Association (Dsa), v. State of Kerala

Kerala HC16 Sept 2020WA/1216/2020

Case brief

AI extract

What is this about?

This writ appeal challenges an order directing the State to conduct final D-Pharm exams. The High Court upheld the earlier order, directing authorities to schedule final examinations, publish results, and initiate lateral entry admissions urgently to prevent students from losing academic progress.

What did the court decide?

Respondents directed to conduct final D-Pharm exams, publish results, and initiate lateral entry to B.Pharm courses as early as possible. Writ appeal disposed of.

D-Pham Students Association (Dsa), Vs State of Kerala — Education and Admissions | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020/25TH BHADRA, 1942

¶7

WA.No.1216 OF 2020

¶8

AGAINST THE JUDGMENT IN WP(C) 13628/2020(C) OF HIGH COURT OF KERALA DATED 24.8.2020

¶9

APPELLANTS/PETITIONERS:

¶10

1 D-PHAM STUDENTS ASSOCIATION (DSA), REG.NO.TVM/TC/1395/2018, HAVING HEAD OFFICE AT COLLEGE OF PHARMACEUTICAL SCIENCES, GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDENT LIYA RAJAN, AGED 21 YEARS, D/O.RAJAN, PUTHUMANA (H), KIZHAPARAYAR P.O., KOTTAYAM - 686 578.

¶11

2 ANU SOMAN AGED 24 YEARS, D/O.SOMAN O.T., MALU NIVAS (OTTARACKAL) ERAMALLUR P.O., CHERTHALA - 688 537.

¶12

3 JESLIN M.S. AGED 20 YEARS, S/O.SYRUS SILVESTER, MANIYAPOZHIYIL (H), ANDHAKARANAZHI P.O., CHERTHALA - 688 531.

¶13

4 SHANTHINI KUMAR AGED 21 YEARS, ALACKAL (H), MEEMPARA P.O., PUTHENCRUZ, ERNAKULAM - 682 308.

¶14

BY ADVS. SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SMT.P.PARVATHY SMT.SURYA P SHAJI SHRI.MANAS P HAMEED

¶15

W.A.1216/2020

¶16

¶17

RESPONDENTS/RESPONDENTS:

¶18

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM - 695 001.

¶19

2 THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695 011.

¶20

3 THE CHAIRPERSON, BOARD OF D-PHARM EXAMINATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695011.

¶21

4 THE REGISTRAR, PHARMACY COUNCIL OF INDIA NBCC CENTRE, 3RD FLOOR, PLOT NO.2, COMMUNITY CENTRE, MAA ANANDMAI MARG, OKHLA PHASE I, NEW DELHI - 110 020.

¶22

5 THE REGISTRAR, KERALA STATE PHARMACY COUNCIL M N V G ADIYODI MEMORIAL PHARMACY BHAVAN, RED CROSS ROAD, VANCHIYOOR P.O., THIRUVANANTHAPURAM - 695 035.

¶23

6 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS FIFTH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695001.

¶24

SRI. ARAVINDKUMAR BABU SR.GOVERNMENT PLEADER SMT. S. KRISHNA, CGC, FOR R4

¶25

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.1216/2020

JUDGMENT

Dated this the 16^th day of September, 2020

¶30

S. Manikumar, CJ.

¶31

D-Pharm Students Association (DSA), a registered body and three others have jointly filed W.P(C). No.13628 of 2020 for the following reliefs:

¶32

“i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to evaluate the final year marks of the petitioners by adopting suitable alternative evaluation method by taking the average of the compulsory 2 sessional examinations attended by the petitioners and the marks of the model practical examination and thereby cancel the final year examination of the petitioners;

¶33

ii) In the alternative, issue a writ of mandamus or any other appropriate writ direction or order, directing respondents to take steps to conduct the final year examinations of the petitioners immediately and complete the entire examination process, publication of results, issuance of mark lists, course certificate and licence within a time frame fixed by this hon'ble court;

¶34

iii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to make suitable modifications in the compulsory practical training stipulated for the petitioners and post the petitioners for the same, within a time frame fixed by this Hon'ble Court;

¶35

W.A.1216/2020

¶36

¶37

iv) Issue a writ of mandamus or any other appropriate writ, or direction directing the 6^th respondent to conduct B- Pharm (Lateral Entry) Entrance Examination 2020, pursuant to completion of the petitioner's final year examinations, within a time frame fixed by this hon'ble court; v) Issue a writ of mandamus or any other appropriate writ, direction or order directing the 6^th respondent to provisionally permit the petitioners to attend the B-Pharm (Lateral Entry) Entrance Examination 2020 without insisting for mandatory documents required to be produced at the time of application;

¶38

vi) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to take suitable measures to improve the infrastructure facilities including digitization of the D-Pharm department so as to ensure speedy functioning of the D-Pharm Department. vii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to provisionally attend the B-Pharm course after attending the Lateral Entry Examinations, till the announcement of the results.”

¶39

Before the writ court, submission has been made that respondents therein are duty bound to evaluate the final year marks of the petitioner in the D-Pharm course undergone by them and to take steps to conduct final year examinations without delay.

¶40

On instructions, learned Government Pleader has submitted that the delay in conducting D-Pharm examinations was due to the nonpublication of results of the previous examinations as well as awaiting

¶41

W.A.1216/2020

¶42

¶43

the conduct of practical examinations. Further submission has been made that practical examinations are over and that the Director, Directorate of Medical Education, Thiruvananthapuram/2^nd respondent therein have sent a proposal for conduct of D-Pharm examinations during the last week of September and first week of October, 2020 and the said issue is pending before the Government.

¶44

Writ court, by order dated 24.8.2020 in W.P.(C). No.13628 of 2020 directed the Secretary to Government, Department of Health and Family Welfare, Thiruvananthapuram/1^st respondent to take appropriate decision on the proposal forwarded by the Director, Directorate of Medical Education/2^nd respondent for conduct of final year D-Pharm examinations at the earliest.

¶45

Being aggrieved, instant appeal is filed on the following grounds:

¶46

“A. The learned single judge ought to have considered the fact that the appellant's course has already been delayed by months. The appellants are the batch of 2017-2019, where the final examinations should have been tentatively conducted in November & December, 2019 and the mandatory posting for practical training of the students should have been completed in the month by March, 2020. However, the same was not done and the respondents have remained inconsiderate of the student's grievances regarding completion of the course in the specified time period and thereby adversely, affecting the students' prospects for further education. The learned single judge ought to have directed the respondents to conduct the

¶47

W.A.1216/2020

¶48

¶49

final examinations in a time bound manner and ensure the results and mark-lists/certificates are issued within a time frame fixed by this hon'ble court.

¶50

B. It is pertinent to note that even though the notification dated 18.08.2020 for starting the practical training on 24/08/2020 was issued, no steps have been taken by all the colleges to commence the same. Only if the practical training is also completed, the students can make an attempt to the Lateral Entry examinations to join the 3^rd semester of a B-pharm course. The inordinate delay in commencing the training for the appellant students is likely to cause further delay in completing the course. The learned single judge ought to have directed the respondents to commence and complete the practical training within a time period, with no further delay.

¶51

C. The learned Single Judge ought to have seen that the classes for the corresponding 3^rd semester B-Pharm classes have already commenced. If there is any further delay in conducting the Lateral Entry Exams, the appellants and other students lose the current academic year for pursuing higher education. The learned single Judge ought to have directed the respondents to take steps to conduct and complete the lateral entry exams in a time-bound manner.”

¶52

Mr. V.K. Rafeek, learned counsel for the appellant made submissions on the above grounds.

¶53

Mr. Aravindakumar Babu, learned Senior Government Pleader submitted that Government have taken a decision to conduct the final year D-Pharm examination commencing from 14.10.2020.

¶54

W.A.1216/2020

¶55

¶56

Posed with a question as to whether the lateral entry admission of B-Pharm courses has commenced, Mr.V.K.Rafeek, learned counsel for appellant fairly submitted that the admission process has not commenced. But the third year classes for B-Pharm courses have already started. Though the learned counsel for the appellant submitted that D-Pharm candidates who would become eligible for lateral admission, are denied admission to B.Pharm courses, we do not accept the said argument. But there is a delay in admission to B.Pharm course through lateral entry, due to non-publication of results of the final D.Pharm examinations and consequently, delay in initiating the process of lateral entry admission.

¶57

Inasmuch as D-Pharm candidates are eligible to pursue their academic career by joining Bachelor of Pharmacy in the III^rd semester, through lateral entry, it is desirable that the Government/Director, Directorate of Medical Education to conduct the final examination, as scheduled and publish the results as early as possible, so that those who are eligible to secure admission in Bachelor of Pharmacy Degree course, through lateral entry admission to B.Pharm courses would not lose classes and no difficulty is caused to them, when compared to the regular batch of students (other than lateral admission).

¶58

In view of the above, we direct that the respondents to conduct the final exams for D.Pharm course, publish of the results

¶59

W.A.1216/2020

¶60

¶61

thereof, and consequently, initiate the process for lateral entry to

¶62

B.Pharm degree courses as early as possible.

¶63

With the above observation and directions, writ appeal is

¶64

disposed of.

¶65

Sd/-

¶66

S. Manikumar, Chief Justice

¶67

Sd/Shaji P. Chaly, Judge

¶68

sou.

D-Pham Students Association (Dsa), v. State of Kerala

Case brief

What is this about?

What did the court decide?

D-Pham Students Association (Dsa), v. State of Kerala

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

Ambika.K Vs the Chief Secretary

Elizabeth Joseph Vs the State of Kerala

Rejina Dannish Vs the State of Kerala

The Greater Cochin Development Authority (Gcda) Vs National Trading Company

Aneesh Appu Vs State of Kerala

Adv.Thoufeek Ahamed Vs Union of India