Disposed

Farhana Hannath V.I v. Kerala University of Health Sciences

Kerala HC27 May 2022WP(C)/15753/2022

Case brief

AI extract

What is this about?

Petitioners challenged university regulations under W.P. (C) No. 15753 of 2022. Upon receipt of the University's decision to schedule supplementary examinations, the court disposed of the writ petition by directing the University to act accordingly.

What did the court decide?

Directed the University to act in terms of the decision to conduct supplementary examinations.

Farhana Hannath V.I Vs Kerala University of Health… — Education and Admissions | Kerala HC (2022)

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WP(C) NO. 15753 OF 2022

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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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 27^TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944

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WP(C) NO. 15753 OF 2022

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PETITIONERS:

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1 FARHANA HANNATH V.I D/O. IRBRAHIMKUTTY, VIPPINKATTIL HOUSE, P.O MADAVANA, KODUNGALLUR, THRISSUR DISTRICT-680 666

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2 MUFEEDA.P., D/O. HYDARALI P., PANCHILI HOUSE, PONMALA P.O., MALAPPURAM DISTRICT-676 528

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3 MIDHUN.T.K., S/O. BIJU, PARAKKAL HOUSE, IRINGALLUR PALA,

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P.O.GURUVAYURAPPAN COLLEGE, KOZHIKODE-673 014

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4 KRISHNAPIYA.V.VELAYUDHAN

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D/O.VELAYUDHAN, VALAYEMPARAMBIL, KURUMASSERY P.O., ERNAKULAM DISTRICT-683 579

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5 S.KARTHIK, S/O O.M.SANALKUMAR, KARTHIKA HOUSE, PANDIKKAVU, CHERUR P.O., THRISUR-680 008

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6 ARPPITHA JAYAKUMAR, D/O. M.S JAYAKUMAR, MANGATTUVALAPPIL HOUSE, PUNNAMPARAMBU, THEKKUMKARA P.O., THRISSUR DISTRICT680 608

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7 LAKSHMI PRAKASH.V., D/O. S.VISWAPRAKSH, CHERUKKARA HOUSE, MANKAD NAGAR, B-64, MANKAD P.O., KOLLAM DISTRICT-691 015

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8 NATHINI.O., D/O.SATHYANATHAN.O., ODIYIL HOUSE, PAYYOLI ANGADI , P.O. PAYYOLI, KOZHIKODE DISTRICT-673 522

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9 DILSHAD, S/O. ABOOBACKER, KOTTAPARAMBAN HOUSE, KARAKKUNNU P.O., MANJERI, MALAPPURAM DISTRICT-676 123

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WP(C) NO. 15753 OF 2022

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10 RAMEES, S/O. ABDUL AZIZ, BAITHUL NIYAMATH HOUSE, MUTTUNGAL WEST, VADAKARA, KOZHIKODE DISTRICT-673 101

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11 SHAHINA.A. D/O. ANEES, PALASSERY MEMANA HOUSE, OCHIRA P.O., KOLLAM DISTRICT-690 526

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12 SHIFANA RIYAS, D/O. RIYASUDHIN, SHIFANA MANZI, ATHIKATTUKULANGARA P.O., NOORNAD, ALAPUZHA DISTRICT-690 504

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13 JOMI.C.J., S/O.JOSEPH.C.R., CHUNGATH HOUSE, VELLARAKKAD P.O., THRISSUR DISTRICT-680 584 BY ADVS. M.SHAJU PURUSHOTHAMAN K.S.RAJESH

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RESPONDENTS:

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

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2 THE REGISTRAR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE, THRISSUR-680 596

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3 THE ACADEMIC COUNCIL, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE, THRISSUR-680 596

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4 THE BOARD OF ADJUDICATION OF STUDENTS GRIEVANCES, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE, THRISSUR-680 596

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5 THE PHARMACY COUNCIL OF INDIA, COBINED COUNCIL BUILDING, KOTLA ROAD, AIWAN-E-GALIB MARG, P.O.BOX 7020, NEW DELHI,PIN-110 002

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6 THE PRINCIPAL, DEVAKIAMMA MEMORIAL COLLEGE OF PHARMACY, CHELEMBRA, MALAPPURAM DISTRICT,PIN-673 634

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WP(C) NO. 15753 OF 2022

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7 THE PRINCIPAL, COLLEGE OF PHARMACEUTICALS AND SCIENCES, GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM,PIN-695 011 8 THE PRINCIPAL, ELIMS COLLEGE OF PHARMACY, RAMAVARMAPURAM, THRISSUR, PIN-680 631 9 THE PRINCIPAL, NATIONAL COLLEGE OF PHARMACY, MANNASSERY P.O., MUKKAM, KOZHIKODE,PIN-673 601 10 THE PRINCIPAL, EZHUTHACHAN COLLEGE OF PHARMACEUTICAL SCIENCE, MARAYAMUTTOM, THIRUVANANTHAPURAM,PIN-695 124 11 THE PRINCIPAL, NAZARETH COLLEGE OF PHARMACY, OTERA, THIRUVALLA, PIN689 546 12 THE PRINCIPAL, NIRMALA COLLEGE OF HEALTH SCIENCE, MELOOR, CHALAKUDY, PIN-680 311 13 THE PRINCIPAL, AHALIA PHARMACY COLLEGE, PUTHUSSERY EAST, KOZHIPPARA, PALAKKAD,PIN-678 557 BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES SRI P SREEKUMSR SC, SRI MANU ASG

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15753 OF 2022

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JUDGMENT

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Instant writ petition is filed seeking the following reliefs:

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(i) Writ of certiorari quashing clause 1.18(ii) and 1.19(b) of The General course Regulations of B.Pharm, Ext.P20 issued by the University as they being contrary to the provisions of Rules and syllabus for the B.Pharm course under The B.Pharm course Regulations of The Pharmacy Council of India in the interest of justice.

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(ii) Issue a declaration that the petitioners being students of B.Pharm degree course in 2017 of the University are entitled to be governed the Academic Progression Rules framed under The Rules and syllabus for the B.Pharm course under The B.Pharm course Regulations of The Pharmacy Council of India.

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A statement has been filed by the learned Standing Counsel

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appearing for the 1st respondent wherein it is stated that the University has convened a meeting on 4.5.2022 and the following decision was taken in consultation with the Dean, Faculty of Pharmaceutical Sciences.

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To conduct the VII sem (supplementary) exam by middle of June 2022.

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To conduct the V sem (supplementary) exam in the first week of July 2022.

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The VIII sem (supplementary) exam currently scheduled to start on

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WP(C) NO. 15753 OF 2022

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1.8.2022 to be rescheduled to start in the last week of August.

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It is stated that the above decision was taken to enable the

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students, who had cleared the above mentioned VII and V semester examinations, to become eligible to write the VIII semester examinations.

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Sri. Shaju Purushothaman, the learned counsel submitted that in view of the decision taken by the University, the petitioner has no further grievance and this writ petition can be disposed of recording the statement.

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In view of the submission, this writ petition is disposed of directing the University to act in terms of the decision extracted above.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 15753 OF 2022

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APPENDIX OF WP(C) 15753/2022

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PETITIONERS' EXHIBITS:

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Exhibit	P1 THE TRUE COPY OF THE THE 1ST PETITIONER D	EXAMINATION RESULT OF ATED 1.2.2022
Exhibit	P2 THE TRUE COPY OF THE DATED 7.4.2022	EXAMINATION RESULTS
Exhibit	P3 THE TRUE COPY OF THE DATED 7.4.2022	EXAMINATION RESULTS
Exhibit	P4 THE TRUE COPY OF THE DATED 7.4.2022	EXAMINATION RESULTS
Exhibit	P5 THE TRUE COPY OF THE DATED 25.11.2020	EXAMINATION RESULTS
Exhibit	P6 THE TRUE COPY OF THE DATED 7.4.2022	EXAMINATION RESULTS
Exhibit	P7 THE TRUE COPY OF THE DATED 19.4.2022	EXAMINATION RESULTS
Exhibit	P8 THE TRUE COPY OF THE DATED 7.4.2022	EXAMINATION RESULTS
Exhibit	P9 THE TRUE COPY OF THE DATED 19.4.2022	EXAMINATION RESULTS
Exhibit	P10 THE TRUE COPY OF THE DATED 19.4.2022	EXAMINATION RESULTS
Exhibit	P11 THE TRUE COPY OF THE DATED 19.4.2022	EXAMINATION RESULTS
Exhibit	P12 THE TRUE COPY OF THE DATED 7.4.2022	EXAMINATION RESULTS
Exhibit	P13 THE TRUE COPY OF THE DATED 7.4.2022	EXAMINATION RESULTS
Exhibit	P14 THE TRUE COPY OF THE DATED 7.4.2022	EXAMINATION RESULTS

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WP(C) NO. 15753 OF 2022

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Exhibit P15 THE TRUE COPY OF THE EXAMINATION RESULTS DATED 1.2.2022 Exhibit P16 THE TRUE COPY OF THE EXAMINATION RESULTS DATED 25.11.2020 Exhibit P17 THE TRUE COPY OF THE EXAMINATION RESULTS DATED 24.3.2021 Exhibit P18 THE TRUE COPY OF THE RELEVANT EXTRACTS OF RULES AND SYLLABUS FOR THE B.PHARM COURSE UNDER THE B.PHARM COURSE REGULATIONS OF PCI DATED NIL Exhibit P19 THE TRUE COPY OF THE NOTIFICATION FOR VIIITH SEMESTER B.PHARM COURSE REGULAR EXAMINATION DT 13.4.2022 Exhibit P20 THE TRUE COPY OF THE RELEVANT EXTRACT OF GENERAL COURSE REGULATIONS OF B.PHARM APPROVED BY THE ACADEMIC COUNCIL OF UNIVERSITY DATED 9.1.2018 Exhibit P21 THE TRUE COPY OF THE COMMUNICATION ISSUED BY PHARMACY COUNCIL OF INDIA BEARING NO.REF NO.14-56/2021-PCI /7246-48 DT.27.1.2022 Exhibit P22 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE VICE CHANCELLOR OF THE UNIVERSITY DT 20.4.2022 RESPONDENTS' EXHIBITS:

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NIL

Farhana Hannath V.I v. Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

Farhana Hannath V.I v. Kerala University of Health Sciences

Case brief

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What did the court decide?

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