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Sophiya J. v. the Director of Medical Education

Kerala HC22 Nov 2022WP(C)/28476/2022

Case brief

AI extract

What is this about?

Petitioner sought diploma in Dialysis Technology after college issued completion certificates. Respondents refused citing she began internship before clearing exams. Court followed precedent and directed issuance of the certificate within one month. Court directed respondents to verify internship period against the internship certificate.

What did the court decide?

Directed respondents 1 and 2 to issue Diploma in Dialysis Technology certificate to petitioner within one month.

Sophiya J. Vs the Director of Medical Education — Education and Admissions | Kerala HC (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 V.G.ARUN

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TUESDAY, THE 22^ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944

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W.P.(C) NO.28476 OF 2022

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PETITIONER:

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SOPHIYA J., AGED 21 YEARS, D/O.JOHNSON K., KUZHUVILAYIL PUTHEN VEEDU, ATTACHAKAL P.O., KONNI, PATHANAMTHITTA - 689 692.

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BY ADVS. K.DHRUV KUMAR HARIKRISHNAN M.S. SHAKTHI PRAKASH

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RESPONDENTS:

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1 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, KERALA, PIN - 695 011.

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2 THE JOINT DIRECTOR OF MEDICAL EDUCATION (G), DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, KERALA, PIN - 695 011.

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3 PUSHPAGIRI COLLEGE OF ALLIED HEALTH SCIENCES REPRESENTED BY THE PRINCIPAL, PUSHPAGIRI MEDICAL COLLEGE HOSPITAL CAMPUS, THIRUVALLA - 689 101.

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R1&R2 SRI. RIYAL DEVASSY, GOVERNMENT PLEADER

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KURIAN GEORGE KANNANTHANAM (SR.) R3 TONY GEORGE KANNANTHANAM THOMAS GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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-2-

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W.P.(C) NO.28476 OF 2022

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JUDGMENT

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Dated this the 22^nd day of November, 2022

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The petitioner completed her 'Diploma course in Dialysis Technology' from the 3^rd respondent College. Thereupon, the College issued Exts.P2 and P3 course completion and internship completion certificates on 28.07.2021. On the strength of those documents, the petitioner applied for diploma certificate. Respondents 1 and 2 are refusing to issue diploma certificate on the premise that the petitioner had commenced her internship before clearing the exams. It is submitted that the petitioner failed to clear the exams in the first attempt and she had commenced her internship before publication of the supplementary examination results.

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Learned Counsel for the petitioner pointed out that, under identical circumstances, this Court, by Ext.P4 judgment, had directed respondents 1 and 2 to issue the diploma certificate.

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I heard the learned Government Pleader and the

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learned Counsel for the 3^rd respondent.

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-3-

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W.P.(C) NO.28476 OF 2022

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Having carefully gone through Ext.P4 judgment, I find the reasoning therein to be well founded.

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The writ petition is hence disposed of directing respondents 1 and 2 to issue certificate of 'Diploma in Dialysis Technology' to the petitioner forthwith, at any rate within one month from the date of receipt of a copy of this judgment. Needless to say that, while issuing the certificate, respondents 1 and 2 shall advert to Ext.P3 certificate and decide whether the petitioner has completed the requisite period of internship.

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Sd/- V.G. ARUN JUDGE

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bpr

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-4-

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W.P.(C) NO.28476 OF 2022

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APPENDIX OF WP(C) 28476/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE PROSPECTUS FOR THE 2018 ADMISSION TO THE COURSE 'DIPLOMA IN DIALYSIS TECHNOLOGY'.

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Exhibit P2 TRUE COPY OF THE COURSE COMPLETION CERTIFICATE DATED 28/7/2021.

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Exhibit P3 TRUE COPY OF THE INTERNSHIP COMPLETION CERTIFICATE DATED 28/7/2021.

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Exhibit P4 TRUE COPY OF JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.16863 OF 2022 DATED 6/7/2022.

Sophiya J. v. the Director of Medical Education

Case brief

What is this about?

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Sophiya J. v. the Director of Medical Education

Case brief

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