Disposed

Inzamam Salim Shah, v. Kerala University of Health Sciences

Kerala HC12 Oct 2020WP(C)/4784/2020

Case brief

AI extract

What is this about?

This writ petition challenged the suspension of an MBBS student. The court recited recommendations for revoking suspension and permitting examinations. It directed the deposit of fees to enable test entry and college reallocation without citing external laws.

What did the court decide?

Petitioner directed to deposit examination fees to enable form upload and college reallocation.

Inzamam Salim Shah, Vs Kerala University of Health… — 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 AMIT RAWAL

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MONDAY, THE 12TH DAY OF OCTOBER 2020 / 20TH ASWINA, 1942 WP(C).No.4784 OF 2020(W)

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PETITIONER:

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INZAMAM SALIM SHAH, AGED 23 YEARS, S/O.SALIM SHAH, MOTHEENANGU, NEAR MSM HSS, KAYAMKULAM, ALAPPUZHA - 690 502.

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BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.AVINASH P RAVEENDRAN SMT.ARYA RAGHUNATH SMT.VAISAKHI V. SRI.SHELLY PAUL SMT.SNEHA SUKUMARAN MULLAKKAL

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RESPONDENTS:

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

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2 THE VICE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA - 680 596.

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3 THE BOARD OF ADJUDICATION OF STUDENTS GRIEVANCES, REPRESENTED BY ITS CHAIRMAN, THE PRO VICE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA - 680 596.

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4 MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE, KOLENCHERY, PIN - 682 311, REPRESENTED BY ITS PRINCIPAL/DEAN.

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5 THE DEAN, MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE,KOLENCHERY, PIN - 682 311.

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R1-3 BY SHRI.P.SREEKUMAR, SC, KERALA UHC R4 BY ADV. SRI.KURIAN GEORGE KANNANTHANAM (SR.) R4 BY ADV. SRI.TONY GEORGE KANNANTHANAM R5 BY ADV. SRI.THOMAS GEORGE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4784 OF 2020

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JUDGMENT

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Dated this the 12th day of October 2020

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Petitioner, an MBBS student of 2015 additional batch of the Malankara Orthodox Syrian Church Medical college, Kolenchery, through the instant writ petition has challenged Exts.P2 and P3 dated 04.12.2019 and 07.02.2020 whereby the 5^th respondent had suspended him pending enquiry and thereafter permanently suspended for a period of two years from the date of first suspension, on various grounds.

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On 19.02.2020 notice was issued through special

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messenger to respondent Nos. 4 & 5 and Mr.P.Sreekumar, learned Standing Counsel for respondent Nos.1 to 3 accepted notice. On 07.08.2020, learned senior counsel appearing on behalf of respondent Nos.4 & 5 submitted that a password would be issued to him on submission of an application and he would be permitted to attend the online classes. The aforementioned statement was made

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WP(C).No.4784 OF 2020

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on account of the fact that on 29.07.2020 vide Ext.P5, the Board of Adjudication for Students Grievances of Kerala University of Health Sciences, while considering the request of the petitioner as well as their own Minutes dated 15.07.2020, meeting of Governing Council held on 25.07.2020, and on examination of entire controversy, opined that the petitioner had been suspended for an adequate period and therefore recommended as follows:

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“1. to revoke Inzamam Salim Shah's suspension immediately and make special arrangements to complete his studies subject to (a) to get an undertaking from Inzamam Salim Shah and parents for staying with him during the period of his course completion and (b) to ensure proper psychiatric intervention involving family therapy and individual Psycho therapy to improve his functioning as recommended by the medical board and report about compliance.

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to permit Inzamam Salim Shah to writ examinations and to do internship in some other medical colleges.

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to give strong warning to Inzamam Salim Shah and parents about more serious consequences in case of further issues from Inzamam Salim Shah.

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to give strong warning to other students of the college to refrain from provoking Inzamam Salim Shah.

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As per paper read as (3) the above Minutes of Board

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WP(C).No.4784 OF 2020

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of Adjudication for Students Grievances was approved by 60^th Governing Council held on 25.07.2020 sanction has, therefore, been accorded by the Hon'ble Vice Chancellor to implement the above decision of 60^th Governing Council held on 25.7.2020. Orders are issued accordingly.”

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A clarification with regard to the aforementioned recommendations was sought by the college vide email dated 04.08.2020. The university vide its communication dated 26.09.2020 opined as under:

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“1. Order is having immediate effect.

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The spirit of the order is to permit the student to complete his studies.

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He is given the permission to appear for the exam from another center and to do CRRI also elsewhere. The dean may advise him and if not complied

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dean is at the liberty to approach the University.

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Special arrangement is to limit his social interaction and persue him to his studies. It is a humanitarian approach.

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Warning the other students is also a humanitarian approach and Dean, MOSC Medical College should be competent to handle it.

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Responsibility to undergo Psychiatric and family therapy is with the family and the College should get an undertaking from the parents

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WP(C).No.4784 OF 2020

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showing their readiness for that.

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KUHS is trying to solve this issue in the best interest of the student. His family, the institution

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and the society at large. Please bestow your personal interest in this matter and try to solve it.”

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During the course of the hearing, the learned counsel appearing on behalf of the petitioner submits that interim application Nos.1, 2 & 3 of 2020 were filed under impelling circumstances explaining the predicament of the petitioner in not permitted to attend the classes as the allocation order has been kept in mundane from the date of suspension. During all this period the petitioner could have been permitted the online classes wer e on . But owing to the controversy between the college and university regarding the allocation of college, petitioner was not permitted to attend classes nor deposit of examination fees. It is the final year exam and the petitioner has to also go through the internship and clinical practicals. The stand of the college of having not completed the attendance is neither here and there

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WP(C).No.4784 OF 2020

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particularly when the alloc ation orders should be drawn with immediate effect.

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At this stage of the matter, Mr.Sreekumar, learned Standing Counsel representing the University and Mr. Kurian George Kannanthanam, learned senior counsel representing the college submits that they would not become averse in case the arrangement is arrived at between the two provided the petitioner pays examination fees in person.

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Learned counsel for the petitioner submits that the examination fees will be deposited tomorrow. On deposit of fees, the University would permit the petitioner to file online application and take a call regarding the allocation of college as indicated in the order dated 29.07.2020 Ext.P5 and clarification dated 26.09.2020 so that the petitioner can take written examination as well as practical in order to prevent further wastage of time. As undertaken, if the petitioner deposits the examination fee tomorrow, the college would upload the examination form

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WP(C).No.4784 OF 2020

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of the petitioner on the same day. The University will set out the matter of reallocation of the college and take immediate acti on thereon.

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Writ petition in the aforementioned observations/ directions stands disposed of.

Sd/-

AMIT RAWAL

JUDGE

WP(C).No.4784 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE REQUEST DATED 30/11/2017 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 04/12/2019 OF THE 5TH RESPONDENT, SUSPENDING THE PETITIONER PENDING ENQUIRY. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 07/02/2020 OF THE 5TH RESPONDENT INTIMATING THE DECISION OF THE COLLEGE COUNCIL, SUSPENDING THE PETITIONER FOR A PERIOD OF 2 YEARS. EXHIBIT P4 A TRUE COPY OF THE COMPLAINT DATED 12/02/2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT UNDER RULE 4 OF THE KERALA UNIVERSITY OF THE HEALTH SCIENCE, FIRST STATUTES 2013, (WITHOUT ANNEXURES), ALONG WITH ITS SPEED POST RECEIPT.

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EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 29/07/2020 OF THE DEAN OF STUDENTS AFFAIRS PASSED IN IMPLEMENTATION OF THE GOVERNING COUNCIL DECISION, WHICH HAS BEEN RECEIVED ON 01/08/2020.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R5(A)	COPY OF THE ORDER OF SUSPENSION DATED 22.11.2016 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT R5(B)	COPY OF THE ORDER DATED 30.11.2016 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT R5(C)	TRUE COPY OF THE REPORT DATED 1.11.2017 TO THE 5TH RESPONDENT.
EXHIBIT R5(D)	COPY OF THE COMPLAINT DATED 1.11.2017

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WP(C).No.4784 OF 2020

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TO THE 5TH RESPONDENT.

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EXHIBIT R5(E) COPY OF THE INCIDENT REPORT DATED 1.11.2017 TO THE 5TH RESPONDENT. EXHIBIT R5(F) TRUE COPY OF THE COMPLAINT DATED 1.11.2017 TO THE 5TH RESPONDENT. EXHIBIT R5(G) COPY OF THE LETTER DATED 1.11.2017 ISSUED FROM THE 5TH RESPONDENT. EXHIBIT R5(H) COPY OF THE LETTER DATED 1.11.2017 ISSUED FROM THE 5TH RESPONDENT. EXHIBIT R5(I) TRUE COPY OF THE COMPLAINT DATED 1.1.2017 TO THE 5TH RESPONDENT. EXHIBIT R5(J) COPY OF THE COMPLAINT DATED 2.11.2017. EXHIBIT R5(K) COPY OF THE ORDER DATED 27.11.2017 ISSUED BY THE 5TH RESPONDENT. EXHIBIT R5(L) TRUE COPY OF THE ORDER DATED 1.2.2018 ISSUED BY THE 5TH RESPONDENT. EXHIBIT R5(M) COPY OF THE ORDER DATED 25.9.2018 ISSUED BY THE 5TH RESPONDENT. EXHIBIT R5(N) TRUE COPY OF THE ORDER DATED 15. 10.2018 ISSUED BY THE 5TH RESPONDENT. EXHIBIT R5(O) COPY OF THE LETTER DATED NIL. TO THE VICE CHANCELLOR OF KERALA UNIVERSITY OF HEALTH SCIENCES. EXHIBIT R5(P) COPY OF THE LETTER DATED 4.12.2019 ISSUED TO THE 5TH RESPONDENT. EXHIBIT R5(Q) TRUE COPY OF THE LETTER DATED 4.12.2019 TO THE 5TH RESPONDENT. EXHIBIT R5(R) COPY OF THE INQUIRY REPORT PROCEEDINGS OF INQUIRY COMMITTEE- VOLUME -I. EXHIBIT R5(S) TRUE COPY OF THE LETTER DATED 24.2.2020 BY THE 5TH RESPONDENT.

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//TRUE COPY// PA TO JUDGE

Inzamam Salim Shah, v. Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

Inzamam Salim Shah, v. Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

What the court decided

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