The High Court, Ernakulam dismissed a writ appeal challenging a single Judge's order that disqualified MBBS students from the February 2021 second professional exams due to lack of practical attendance. The court held there were no jurisdictional errors warranting interference.
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.
W.A. No. 419/2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
WA.No.419 OF 2021
AGAINST THE JUDGMENT DATED 17.03.2021 IN WP(C) 1961/2021(U) OF HIGH COURT OF KERALA
APPELLANT/WRIT PETITIONERS:
D/O.SUMAYYA NAZEER, KHIZADAYIL HOUSE, IRIMBALASSERY, NELLAYA P.O., PALAKKAD-679 335.
W.A. No. 419/2021
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AGED 20 YEARS
D/O.BALAN K., KRISHNALAYAM KOLAYOD, P.O.CHITTARIPARAMBA, KANNUR-670 650.
BY ADVS. SRI.C.P.MOHAMMED NIAS SRI.S.AJITH (PALAKKAD) SMT.V.NAMITHA
RESPONDENTS/RESPONDENTS:
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10 DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE HOSPITAL, KARAKONAM, NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695 504.
R1 BY SRI.P.VIJAYAKUMAR ASG, R2 BY SRI. TEK CHAND, SR. GOVERNMENT PLEADER R3 BY SRI.P.SREEKUMAR, SC, KUHS, R4 BY SRI.TITUS MANI, SC MCI
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Dated this the 17th day of March, 2021.
JUDGMENT
SHAJI P. CHALY, J.
This appeal is filed by the petitioners in W.P.(C) No. 1961 of 2021 challenging the judgment dated 18.02.2021, whereby the learned single Judge dismissed the writ petition holding that the appellants, who were the students of the Kerala Medical College, Palakkad, had been allotted to respondents 7 to 10 colleges on the basis of the directions issued by this Court in Ext. P1 judgment.
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judgment, this appeal is preferred by the writ petitioners.
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W.A. No. 419/2021
on re-opening the institutions, the University scheduled the examinations. It is also pointed out that the second professional MBBS which the appellants are attending has a duration of 3 semesters ie., semesters 3 to 5 and the second professional training, includes theory and practical subjects.
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justifying their stand that the appellants cannot be permitted to participate in the examinations conducted during February, 2021 for the purpose of a different batch other than that of the appellants.
developments that have taken place during the course of time while
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the writ petition and the writ appeal were pending, we are not inclined to grant any reliefs as is sought for by the appellants.
Needless to say, the writ appeal fails and accordingly, it is dismissed.
S. MANIKUMAR, CHIEF JUSTICE.
SHAJI P. CHALY, JUDGE.
Rv
3 issues framed by the court
Whether the learned single Judge committed a jurisdictional error in dismissing the writ petition regarding the eligibility of appellants for MBBS examinations.
Whether appellants who were reallocated to colleges had sufficient attendance and practical training to sit for the February 2021 second professional MBBS examinations.
Whether the High Court can interfere in the judgment of the learned single Judge under Section 5 of the Kerala High Court Act, 1958.
1 provisions across 1 enactments
Arathy Sreevalsalan
Misha Ravi
Mythreyi Nair A.G.
Union of India
State of Kerala
Kerala University of Health Sciences
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
