Dismissed

Ashik K. Moosa, v. the Director

Kerala HC8 Sept 2020WP(C)/15857/2020

Case brief

AI extract

What is this about?

The Court dismissed a writ petition by medical students seeking extraordinary measures like grace marks, relaxed cut-offs, and SAY exams to pass supplementary examinations citing COVID-19. The Court held regulations do not permit such qualifications and dismissed the plea without prejudice to future rights.

What did the court decide?

Writ petitions dismissed; no extraordinary measures like grace mark distribution, cut-off relaxation, or SAY exams granted.

Ashik K. Moosa, Vs the Director — Education and Admissions | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942

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WP(C).No.15857 OF 2020(F)

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PETITIONERS:

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1 ASHIK K. MOOSA, AGED 24 YEARS, S/O. MOOSA K., RESIDING AT 14/436-B, DIADEM-KELOTH HOUSE, ATHOLY, KOZHIKODE-673715. (KUHS REG. NO. 150010273, 2015 BATCH, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM)

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2 AKHIL S.A., AGED 24 YEARS S/O. DR. SHAJI S.M., RESIDING AT OASIS, PUTHENCHANTHA, VARKALA P.O., THIRUVANANTHAPURAM695141. (KUHS REG. NO. 140012885, 2015 BATCH, TRAVANCORE MEDICAL COLLEGE, KOLLAM)

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3 RESHMA P.M., AGED 24 YEARS D/O.P.A. MOOSA, RESIDING AT RESHMA MANZIL, CC 30/1324-D, RSAC ROAD, VYTTILA P.O., ERNAKULAM, KOCHI682019. (KUHS REG. NO. 150013012, 2015 BATCH, TRAVANCORE MEDICAL COLLEGE, KOLLAM) BY ADVS. SRI.C.J.JOY SMT.VALSAMMA KURIAN JOSE

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RESPONDENTS:

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1 THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., KUMARAPURAM, THIRUVANANTHAPURAM-695011.

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

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3 MEDICAL COUNCIL OF INDIA, POCKET-14, SECTOR-8, DWARAKA PHASE-1, NEW DELHI110077, REPRESENTED BY ITS DIRECTOR.

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WP(C).No.15857 OF 2020 2

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4 UNIVERSITY GRANTS COMMISSION (UGC), BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002, REPRESENTED BY ITS CHAIRMAN.

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BY ADVS. R2 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES R3 BY ADV. SRI.TITUS MANI R4 BY SRI.S.KRISHNAMOORTHY, CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15857 OF 2020 3

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JUDGMENT

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This writ petition has been filed with

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prayers that obviously cannot be granted by this Court. To make it clear, I extract the prayers as

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under:-

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“i. Issue a writ of mandamus directing the 2^nd respondent to distribute the 5 grace marks to which the petitioners are entitled to among the failed subjects instead of the present practice of awarding it to a single subject, as a onetime measure in view of the COVID-19 PANDEMIC so that the petitioners can be declared as passed in the 3^rd Year Part 1 Supplementary Examination conducted in January, 2020;

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ii. Issue a writ of mandamus or other appropriate writ, order or direction directing the 2^nd respondent to relax the insistence for 50% marks in all papers in all subjects for pass and instead take the aggregate 50% in each subject as sufficient for a pass, as a one time measure in view of the COVID-19 PANDEMIC so that the petitioners can be declared as passed in the 3^rd Year Part 1 Supplementary examination conducted in January, 2020;

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iii. Issue a writ of mandamus or other appropriate writ, order or direction directing the 2^nd Respondent to conduct a SAY Examination for the petitioners and similarly placed students as a one time measure in view of the COVID-19 PANDEMIC only for subjects which they have failed to clear the 3^rd Year Part 1 Supplementary Examination without further delay so as to enable them to appear for the 3^rd Year Part 2 Supplementary Examination now indefinitely postponed from 3.8.2020.

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iv. Issue such other or further writs orders or directions as this Hon'ble Court may deem just, fit or proper to grant in the particular facts and circumstances of this case, including the cost of these proceedings.”

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WP(C).No.15857 OF 2020 4

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As is evident, the petitioners seek that

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the grace marks be distributed among all the

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papers they have failed and that the 2^nd

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respondent - University be directed to relax the insistence of 50% marks in all papers and subjects for qualifying the examination.

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Interestingly, all these prayers are

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made, justifying it by saying that the extra ordinary circumstances with respect to COVID-19 would require the “mass production” of Doctors.

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shortage of Doctors as now alleged by the petitioners, it would never justify the grant of qualification to persons in such manner and to then push them into the line of care givers and care providers under the COVID-19 pandemic scenario.

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It is without any doubt that we require more Doctors and health professionals, but nothing can justify the prayer of the petitioners that they be declared to be qualified using one

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method or the other, in the manner as has been

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WP(C).No.15857 OF 2020 5

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prayed for by them in this writ petition.

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I must also record that the submissions

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of Shri.P.Sreekumar, learned counsel for the 2^nd respondent - University and Shri.Titus Mani Vettom, learned Standing Counsel for the Medical Counsel of India, are also to the effect that none of the prayers sought for by the petitioners can be granted in view of the extant regulations and Rules occupying the field.

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In the afore circumstances and for the reasons above, I dismiss this writ petition, however, without prejudice to the rights of the petitioners to take part in the supplementary examinations or in such other examinations, as they may be entitled in future.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/9.9.2020

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WP(C).No.15857 OF 2020 6

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APPENDIX OF WP(C) 15857/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE MARK LIST DATED 21/04/2020
	ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P1(A)	TRUE COPY OF THE MARK LIST DATED 21/04/2020 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P1(B)	TRUE COPY OF THE MARK LIST DATED 21/04/2020 ISSUED TO THE 3RD PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE ARTICLE PUBLISHED IN MATHRUBHUMI NEWSPAPER DATED 02/04/2020.
EXHIBIT P2(A)	TRUE COPY OF THE ARTICLE PUBLISHED IN HINDU NEWSPAPER DATED 30/04/2020.
EXHIBIT P3	TRUE COPY OF NOTIFICATION DATED 21/04/2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4	TRUE COPY OF REPRESENTATION DATED 24/04/2020 SUBMITTED BY 44 STUDENTS TO THE VICE CHANCELLOR.
EXHIBIT P5	TRUE COPY OF REPRESENTATION DATED 23/04/2020 SUBMITTED BY THE 1ST PETITIONER TO THE VICE CHANCELLOR.
EXHIBIT P5(A)	TRUE COPY OF REPRESENTATION DATED 24/07/2020 SUBMITTED BY THE 2ND PETITIONER TO THE VICE CHANCELLOR.
EXHIBIT P5(B)	TRUE COPY OF REPRESENTATION DATED 17/07/2020 SUBMITTED BY THE 3RD PETITIONER TO THE VICE CHANCELLOR.
EXHIBIT P6	TRUE COPY OF THE GUIDELINES AND FORMAT PUBLISHED BY THE DEAN OF THE 2ND RESPONDENT UNIVERSITY ON 30/05/2020.
EXHIBIT P7 EXHIBIT P8	TRUE COPY OF THE COMMUNICATION DATED 23/06/2020 RECEIVED BY THE 1ST PETITIONER FROM THE CONTROLLER OF EXAMINATION OF THE 2ND RESPONDENT UNIVERSITY. TRUE COPY OF THE NOTIFICATION DATED

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WP(C).No.15857 OF 2020 7

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	03/07/2020 PUBLISHED BY THE 2ND RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE REVISED GUIDELINES ON EXAMINATIONS AND ACADEMIC CALENDER FOR UNIVERSITIES IN VIEW OF COVID 19 PANDEMIC DATED 06/07/2020, ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P10	TRUE COPY OF THE RELEVANT PORTION OF THE EXAMINATION CALENDER FOR THE ACADEMIC YEAR 2019-20 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P10(A)	TRUE COPY OF THE EXAMINATION CALENDER FOR THE ACADEMIC YEAR 2020-21 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE ADVISORY DATED 15/06/2020 ISSUED BY THE 3RD RESPONDENT INDIAN MEDICAL COUNCIL.
EXHIBIT P12	A TRUE COPY OF THE RELEVANT PORTION OF THE REGULATIONS OF THE 2ND RESPONDENT PUBLISHED AS NOTIFICATION NO.2891/ACI/GENA2/KUHS/2017 DATED 12/05/2017 OF 2ND RESPONDENT.
EXHIBIT P13	TRUE COPY OF THE SCORE SHEET OF THE 2ND PETITIONER IN ENT
EXHIBIT P13 A	TRUE COPY OF THE SCORE SHEET OF THE 2ND PETITIONER IN COMMUNITY MEDICINE -I
EXHIBIT P13 B	TRUE COPY OF THE SCORE SHEET OF THE 2ND PETITIONER IN COMMUNITY MEDICINE -II
EXHIBIT P14	TRUE COPY OF THE SCORE SHEET OF THE 3RD PETITIONER IN OPHTHALMOLOGY
EXHIBIT P14 A	TRUE COPY OF THE SCORE SHEET OF THE 3RD PETITIONER IN ENT
RESPONDENT'S/S EXH	IBITS:
NIL
MC
	(TRUE COPY) PA TO JUDGE

Ashik K. Moosa, v. the Director

Case brief

What is this about?

What did the court decide?

Ashik K. Moosa, v. the Director

Case brief

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