Allowed

Abinsha S. v. the Kerala University of Health Sciences

Kerala HC21 Nov 2022WP(C)/33523/2022

Case brief

AI extract

What is this about?

The Court directed the Kerala University of Health Sciences to admit petitioning pharmacy students into subsequent semesters immediately, relying on a one-time exemption granted by the Pharmacy Council of India. This applies despite the students having failed earlier exams, allowing them to write supplementary exams in the interim. The University must also address potential attendance deficiencies

What did the court decide?

Directing the University to admit petitioners to the 5th and 7th semesters immediately based on the PCI's one-time exemption and permitting them to write supplementary exams for earlier semesters.

Abinsha S. Vs the Kerala University of Health Sciences — 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 DEVAN RAMACHANDRAN

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MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944
WP(C) NO. 33523 OF 2022

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PETITIONERS:

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1 ABINSHA S., SHABANA COTTAGE, VOWAKKAVU, KARUNAGAPPALLY, PIN-690528.

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2 NAUFAL ALI, AHM MANZIL, NEAR MSM COLLEGE, KAYAMKULAM, PIN-690502.

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3 ANU M.S, MUTTAMTHOTTIL HOUSE, CHOVVARA P.O, ERNAKULAM, PIN- 683 571.

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BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR
MINIKUMARY M.V.
JIJO JOSEPH
R.K.PRASANTH

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RESPONDENTS:

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1 THE KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE P.O, THRISSUR, KERALA- 680 596, REPRESENTED BY IT'S REGISTRAR, THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O, THRISSUR, KERALA- 680 596.

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

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3 PHARMACY COUNCIL OF INDIA, COMBINED COUNCILS' BUILDING, TEMPLE LANE, KOTLA ROAD, AIWAN-E GHALIB MARG, POST BOX NO. 7020, NEW DELHI-110 002, REPRESENTED BY ITS PRESIDENT.

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BY ADVS.
SHRI.P.SREEKUMAR, SC,
MANU S., DSG OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 33523/22

JUDGMENT

This matter has been heard by this Court on several days,

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as is discernible from the interim orders.

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2 . On 09.11.2022, I had issued the following order:

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Though a statement has been filed by the Pharmacy Council of India (PCI), I must say that it does not answer all the concerns of this Court .

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This is because, it is the specific case of the students that they are all accomplished in their educational credentials; but that they and their batch mates failed in certain papers of the II Semester only because they were forced to write all the Semester Examinations at one go, after there was a lag of more than 1¹ /2 years, in the University scheduling it.

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Smt.S.Krishna – learned Standing Counsel for the Pharmacy Council of India (PCI), says without doubt that no relaxation can be given to the students, in violation of the applicable Regulations.

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As a thumb rule, certainly this is acceptable.

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However, in the special circumstances of this case, I am of the view that the PCI should consider whether the petitioners can be given some lenitude, particularly because, as I have already said above, they say that they failed in the II Semester Exam paper/papers only because they were asked to write multiple Semesters at one go, solely on account of the delay caused in scheduling it by the University.

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A decision in this regard shall be taken by the PCI and shall inform this Court by the next posting date. List on 16.11.2022.

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The afore has been followed by a subsequent order dated

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16.11.2022, ut infra :

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Read order dated 09.11.2022.

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WPC 33523/22

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Smt.S.Krishna, appearing for the Pharmacy Council of India (PCI), submits that a decision has been taken by her client to accede to the reliefs sought for by the petitioners in this case, as a one time measure, but without making it a precedent.

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I, therefore, allow the Kerala University of Health Sciences (KUHS) to issue appropriate orders, admitting the students to the classes forthwith.

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List on 18.11.2022; within which time, the KUHS will inform this Court whether the issue relating to the attendance of the students can be addressed.

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I thus clarify that, if the KUHS is to seek any further clarification from the PCI in this regard, i t shall be addressed quickly.

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3 . Today, Smt.S.Krishna – learned Central Government

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Counsel, submitted that the Pharmacy Council of India (PCI) has

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issued an order granting exemption to the petitioners as a One Time Chance, without making it a precedent for any person in future. She added that this would mean that the petitioners would be allowed to sit in the 5 th and 7 th Semesters, dehors the

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fact that they have not passed the 2 nd and 5 th Semesters respectively.

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4 . I certainly record the appreciation of this Court for the

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stand of the PCI, which is in the best interest of the students;

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but then Sri.P.Sreekumar – learned Standing Counsel for the

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WPC 33523/22

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Kerala University of Health Sciences (KUHS), intervened to say

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that this may not be sufficient for the petitioners because they will have a problem of not having adequate attendance, particularly because many of them have to write the Supplementary Examinations, which are to commence very soon. He suggested that, therefore, it will be better for the students that they be admitted to the fresh 5 th and 7 th Semesters, to commence by the end of January 2023, so that they can obtain requisite attendance also.

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5 . I am sure that the afore suggestion of Sri.P.Sreekumar is the best available to the petitioners because, if they are asked to be accommodated to the present 5 th and 7 th semesters respectively, they would not obtain any benefit, but, to the contrary, would perhaps put them to detriment for want of adequate attendance.

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In the afore circumstances, I direct the KUHS to issue appropriate orders in terms of the relaxation now offered by the PCI and allow the petitioners to join the 5 th and 7 th semesters respectively – as their cases would warrant – in the next

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WPC 33523/22

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batches; and to permit them to write the Supplementary Examinations for earlier semesters in between, without any

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impediment.

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Needless to say, the relaxation offered by the PCI will be treated only as a One Time Measure, solely applicable to the petitioners and no one else; and would, certainly, only inure to them the benefit of being allowed to sit in the 5 th and 7 th semesters respectively, without clearing the 2 nd and 5 th semesters, however, on condition that their final results will depend upon

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clearance of the same.

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This Writ Petition is thus ordered.

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Sd/-

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RR

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DEVAN RAMACHANDRAN

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JUDGE

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To be spoken to on 23.11.2022

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This matter has been listed today at the request of

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Sri.T.P.Pradeep – learned counsel for the petitioners, asserting

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WPC 33523/22

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that the submission made on behalf of the KUHS that next

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semesters will begin by January, 2023, may not be correct.

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Sri.P.Sreekumar – learned Standing Counsel for the

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KUHS, also conceded that the date suggested by him was overly optimistic; but that, in reality, perhaps it might take a few more months.

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If this be so, then certainly, the petitioners and other similarly placed students must be allowed to join the respective semesters forthwith, in modification of my directions afore issued. If there is any shortfall of attendance which they may face, it will surely be upto them to seek clarification from this Court - either as regards the PCI or against the Colleges in question; so that orders can be issued, if it becomes so necessary, with respect to additional classes or condonation of attendance, as the case may be.

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I am persuaded to make the afore directions because,

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as far as the 7^th Semester is concerned, if the students are able to

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attend all classes, perhaps they will not have any shortage of

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WPC 33523/22

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attendance, even going by the number of days available to them

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in future; though with respect to the 6^th Semester, there may be

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a shortfall, because Sri.P.Sreekumar says that the best that the students can now obtain is about 60 days of classes. However, in view of the exemption now granted by the 'PCI', this aspect can

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be addressed by the KUHS appropriately, if so warranted in future.

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As I have said above, in this context, if any further

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orders are required by a student as regards the condonation of attendance or for additional classes, they certainly can approach this Court appropriately, but as early as possible in the days to come.

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I, however, clarify that the exemption now offered to the

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petitioners will inure to their whole course.

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Sd/-

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AKV

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DEVAN RAMACHANDRAN

JUDGE

WPC 33523/22

APPENDIX OF WP(C) 33523/2022

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`PETITIONER EXHI`	`BITS`
`Exhibit P1`	`TRUE COPY OF THE THEORY EXAMINATION TIME` `TABLE OF 3RD SEMESTER EXAMINATION OF` `2018-2022 BATCH`
`Exhibit P2`	`TRUE COPY OF THE THEORY EXAMINATION TIME` `TABLE OF 4TH SEMESTER EXAMINATION OF` `2018-2022 BATCH .`
`Exhibit P3`	`TRUE COPY OF THE RELEVANT PAGES OF THE` `ADVISORY LETTER REF. NO. 14-56/2019` `PCI(A) DATED 09.04.2020 ISSUED BY THE` `PHARMACY COUNCIL OF INDIA.`
`Exhibit P4`	`TRUE COPY OF THE CIRCULAR DATED` `22/09/2021 ISSUED BY THE 1ST RESPONDENT.`
`Exhibit P5`	`TRUE COPY OF A LIST OF STUDENTS OF 2018-` `2022 AND 2019-2023 BATCHES FACING YEAR` `BACK.`
`Exhibit P6`	`TRUE COPY OF THE JUDGMENT DATED` `28.06.2021 IN WP` `NO. 12381/2021` Ⓒ
`Exhibit P7`	`TRUE COPY OF THE ORDER OF THE 1ST` `RESPONDENT DATED 04.01.2022`
`Exhibit P8`	`TRUE COPY OF THE REPRESENTATION` `SUBMITTED BEFORE THE RESPONDENTS`
`Exhibit P9`	`TRUE COPY OF THE LETTER DATED 07.05.2022` `SUBMITTED BY THE 1ST RESPONDENT BEFORE` `THE 3RD RESPONDENT.`
`Exhibit P10`	`TRUE COPY OF THE LETTER OF THE 1ST` `RESPONDENT DATED 31.08.2022 ALONG WITH` `THE REPRESENTATION OF THE BPHARM` `STUDENTS (2019) BATCH.`
`Exhibit P11`	`TRUE COPY OF THE COMMUNICATION BY DEAN,` `FACULTY OF PHARMACEUTICAL SCIENCE`
`Exhibit P12`	`TRUE COPY OF THE ORDER DATED 30.10.2020` `ISSUED BY THE 1ST RESPONDENT.`

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RESPONDENTS’ EXTS:

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`Annexure R3(a)`	`A true copy of The Bachelor of Pharmacy` `(B.Pharm) Course Regulations, 2014`
`Annexure R3(b)`	`A true copy of the order dated` `09.09.2019 regarding syllabus for`
	`B.Pharm Course Clause-16 Academic`
	`Progression addressed to All` `Universities/Examining Authorities`
`Annexure R3(c)`	`A true copy of PCI advisory No.14-`

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WPC 33523/22

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56/2019 -PCI (A) dated 09.04.2020
Annexure R3(d)A true copy of the PCI advisories dated
09.07.2020
Annexure R3(e)10. A true copy of the circular dated
20.01.2021
DocumentCopy of the decision taken by the
Pharmacy Council of India vide Executive
Committee held on 12.11.2022

Abinsha S. v. the Kerala University of Health Sciences

Case brief

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Abinsha S. v. the Kerala University of Health Sciences

Case brief

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