Disposed

Athul Thomas v. State of Kerala

Kerala HC9 Nov 2021WP(C)/5965/2021

Case brief

AI extract

What is this about?

High Court directed Registrar of Kerala University of Health Sciences to submit a physically disabled petitioner's admission case to the University Governing Council for final decision, permitting him to continue studies and remit fees pending that decision.

What did the court decide?

Writ petition disposed with directions to Registrar to place matter before University Governing Council; petitioner permitted to remit fees and continue course provisionally.

Athul Thomas Vs State of Kerala — Education and Admissions | Kerala HC (2021)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 9^TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943

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WP(C) NO. 5965 OF 2021

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PETITIONER/S:

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ATHUL THOMAS AGED 20 YEARS S/O. THOMAS, CHACKALAKAL CMC 26, CHERTHALA, ALAPPUZHA-688 524.

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BY ADVS. NAVEEN.T SMT.K.N.RAJANI KUM.CHITHRA CHANDRASEKHARAN SRI.V.S.ABHISHEK SRI.BIJI A MANIKOTH SHRI.SHIBU JOSEPH KOTTAYIL

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE REGISTRAR KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR-680 596. 3 THE PRINCIPAL GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011. 4 LBS CENTRE FOR SCIENCE AND TECHNOLOGY REPRESENTED BY ITS DIRECTOR, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM695 033. IS IMPLEADED AS PER ORDER DATED 31.03.2021 IN IA 1/2021 IN WP(C) 5965/2021. BY ADVS. SHRI.P.SREEKUMAR SHAMEENA SALAHUDHEEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5965 OF 2021

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JUDGMENT

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The petitioner is a physically disabled student having 40% disability due to Loco motor impairment. The petitioner applied for admission to B.Sc. M.L.T course and got admission in Government Medical College, Thiruvananthapuram on 13.8.2019 under physically disabled quota. The petitioner has also remitted Hostel fee and is undergoing the course for the past more than one and half year and was preparing for the exams scheduled in the month of March 2021.

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The 2^nd respondent, Registrar Kerala University of Health Sciences by Ext.P7 addressed to the Principal of the College informed that the petitioner did not have 50% marks in Science Group II in Physics, Chemistry, Biology and English put together as stipulated in the University Regulation and as such he is not eligible for admission to B.Sc. M.L.T course and as such his registration is rejected. On coming to know about Ext.P7, the petitioner submitted Ext.P8 representation before the Government requesting to permit the petitioner to write the examination and to complete the course. The petitioner did not get any response from the respondents and has accordingly filed

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WP(C) NO. 5965 OF 2021

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this writ petition to quash Ext.P7 and for directions to the respondents to allow the petitioner to remit examination fee and to complete the course. This Court passed an interim order dated 8.3.2021 staying all further proceedings pursuant to Ext.P7 and permitted the petitioner to continue the course provisionally. A further interim order was passed on 18.3.2021 permitting the petitioner to register and appear in the examinations provisionally, subject to further orders.

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After hearing the learned counsel for the petitioner and the counsel for the respondent University, it appears that different stand has been taken by the selection agency as well as the University with regard to the interpretation of clause 6.2.1 of the prospectus and KVHS Regulations 2016. Therefore the matter has to be resolved at the end of the Governing Council of the University, which I am told is being convened on 16.11.2021. Since the petitioner has already been admitted to the course and is pursuing the studies for the last more than one year, I think it is appropriate that the 2^nd respondent shall place the matter before the Governing Council of the University to take a decision as regards the admission of the petitioner to the B.Sc M.L.T course. The petitioner shall file a representation in this regard

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WP(C) NO. 5965 OF 2021

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before the Registrar before 16.11.2021 and the Registrar will place the said representation before the Governing Council in its meeting on 16.11.2021 or on any adjourned date. The Governing Council shall take a decision as regards the admission of the petitioner in B.Sc M.L.T course at the earliest.

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It is submitted by the petitioner that the supplementary examination for the first semester of the B.Sc M.L.T course will commence shortly and he will have to remit the fees tomorrow. The petitioner will be permitted to remit the fees and to participate in the said examination. The petitioner will also be permitted to continue her course in B.Sc M.L.T in the 3^rd respondent College, till the Governing Council takes a decision. The interim order passed by this Court on 8.3.2021 staying further proceedings pursuant to Ext.P7 will continue till the Governing Council takes a decision as above.

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With these directions, the writ petition is disposed of.

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Sd/-

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sab

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MURALI PURUSHOTHAMAN

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JUDGE

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WP(C) NO. 5965 OF 2021

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APPENDIX OF WP(C) 5965/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	A TRUE COPY OF THE CERTIFICATE OF DISABILITY DATED 30.1.2019 ISSUED BY THE CHAIRMAN OF MEDICAL BOARD, GOVERNMENT T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
EXHIBIT P2	TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES IN NURSING AND PARAMEDICAL STREAMS AS PER GOVERNMENT ORDER G.O.(MS) 90/2019/H&FWD DATED 22.6.2019.
EXHIBIT P3	TRUE COPY OF THE ONLINE APPLICATION FORM SUBMITTED BY THE PETITIONER.
EXHIBIT P4	TRUE COPY OF THE MARKED LIST CONTAINING REGISTER NO.181 7625.
EXHIBIT P5	TRUE COPY OF THE ALLOTMENT MEMO CONTAINING THE DATE OF ADMISSION AS 13.8.2019 ADMITTING THE PETITIONER.
EXHIBIT P6	TRUE COPY OF THE RELEVANT PAGE DOWNLOADED FROM THE OFFICIAL WEBSITE, SHOWING REMITTANCE OF FEE.
EXHIBIT P7	TRUE COPY OF THE COMMUNICATION DATED 24.2.2021 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE REPRESENTATION DATED 25.2.2021.

Athul Thomas v. State of Kerala

Case brief

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Athul Thomas v. State of Kerala

Case brief

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