On behalf of the Kerala High Court, the suit for damages filed by an appellant who obtained a provisional MBBS degree by mistake was dismissed by the trial court for lack of merit. The High Court dismissed the appeal and ordered that court fees need not be recovered.
Court fee in the plaint and memorandum of appeal need not be recovered.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 19TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945
AS NO. 349 OF 2002
AGAINST THE DECREE AND JUDGMENT DATED 07.04.2000 IN OP(IND.) 19/1997 CONVERTED AS OS 80/1998 OF ADDITIONAL SUB COURT, ALAPPUZHA
APPELLANT/PLAINTIFF:
DR.BABY KURIAN, S/O C.V.KURIAN, CHOVUMPURATH HOUSE, THIRUVAMPADY PO., ALAPPUZHA – 2.
BY ADV SRI.S.SANTHOSH KUMAR
RESPONDENT/DEFENDANT:
THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM.
BY ADVS.
SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI.S.GOPAKUMARAN NAIR, SC, KERALA UTY. SRI.M.K.CHANDRAMOHAN DASSCKERALA UTY.
THIS APPEAL SUIT HAVING COME UP FOR HEARING ON 19.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = A.S. No.349 of 2002
= = = = = = = = = = = = = = = = = = Dated this the 19th day of June, 2023
J U D G M E N T
The suit for damages was dismissed by the trial
court. The plaintiff is in appeal.
Medical College, Alappuzha, and completed the course in December, 1986. He undertook the final year MBBS examination in March, 1986 and January, 1987. In March 1987 a provisional list of successful candidates were published by the defendant University. The plaintiff was declared as successful. Pursuant thereto the plaintiff was issued with a provisional degree. He completed House Surgency on 16.04.1988. He obtained registration from the Travancore Cochin Medical Council. In the meanwhile,
when the plaintiff applied for issuance of a degree certificate, he was informed that he had failed to clear MBBS examination. The suit is filed claiming damages
A.S. No.349 of 2002
-: 2 :-
against the University.
provisional degree certificate was a mistake, it was contended that a mere perusal of the mark list issued to the plaintiff reveals that he had failed.
A.S. No.349 of 2002 -: 3 :-
chosen to take any steps to get clarification or
rectification of the mistake, even if he had proceeded further, that would not entitle him for any damages. The claim was rightly declined by the trial court.
Considering the facts of the case, the fact that the suit is of the year 1998 when the Kerala Notification with regard to Order XXXIII Rule 11 of the Code of Civil Procedure was in force, providing for discretion to exempt recovery of court fee in an indigent appeal, and taking note of the judgment of this Court in Mary & Anr. v. State of Kerala and Ors. [2013 (3) KHC 279] , it is ordered that the court fee payable in the plaint and the memorandum of appeal need not be recovered from the appellants/plaintiffs.
Sd/- SATHISH NINAN JUDGE
//True Copy//
P.S. to Judge
kns/-
3 issues framed by the court
Whether the appellant is entitled to damages for issuing a provisional degree certificate by mistake despite failing the examination.
Whether the court fee of the appeal needs to be recovered from the appellant given indigent status.
Whether the High Court can exempt court fee recovery under Order XXXIII Rule 11 CPC.
Colour shows how this judgement treated each authority
Mary & Anr. v. State of Kerala and Ors.Referred¶36
Mary & Anr. v. State of Kerala and Ors. [2013 (3) KHC 279]
Dr. Baby Kurian
The University of Kerala
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
