Allowed

Dr.Vani Jayaraj v. Kerala University of Health Sciences

Kerala HC22 Aug 2023WP(C)/14549/2015

Case brief

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What is this about?

The Court disposed of two writ petitions filed by medical students seeking a declaration to appear for their postgraduate Pathology examination. It held that since the petitioners had successfully passed the course, the interim orders were made absolute, permitting them to appear for the exam.

What did the court decide?

Interim orders dated 15.05.2015 and 15.09.2015 made absolute; petitioners permitted to appear for Medical Post graduate examination in Pathology.

Dr.Vani Jayaraj Vs Kerala University of Health… — Education and Admissions | Kerala HC (2023)

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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 BASANT BALAJI

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TUESDAY, THE 22ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945
WP(C) NO. 14549 OF 2015

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PETITIONER:

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DR.VANI JAYARAJ
AGED 29 YEARS
W/O.ARUN P., RAJ NIVAS, KANICHUKULANGARA P.O., CHERTHALA,
ALAPPUZHA - 688 544.
BY ADV SRI.T.B.HOOD

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RESPONDENTS:

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1KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,
THRISSUR - 680 596.
2CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O.,
THRISSUR - 680 596.

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3PRINCIPAL
GOVERNMENT MEDICAL COLLEGE, GANDHI NAGAR P.O.,
KOTTAYAM - 686 008.

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4DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O.,
TRIVANDRUM - 695 011.
BY ADVS.
SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH &AMP;
SRI.P.SREEKUMARSCKERALA UTY.HEALTH AMP

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WP(C) Nos. 14549 & 14521 of 2015

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OTHER PRESENT:

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SR GP V.K SUNIL - R3,R4, SRI. P. SREEKUMAR - R1 AND R2.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.08.2023, ALONG WITH WP(C).14521/2015, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) Nos. 14549 & 14521 of 2015

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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 BASANT BALAJI

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TUESDAY, THE 22ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945
WP(C) NO. 14521 OF 2015

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PETITIONER:

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DR.KARTHIKA.M.C
AGED 30 YEARS
W/O.DR. MITHUN P,"KARTHIK,, RAMANATTUKARA P.O,
KOZHIKODE-673 663.

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BY ADVS.
SRI.T.B.HOOD
SMT.M.ISHA

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RESPONDENTS:

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

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2 CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH SCIENCES,MEDICAL COLLEGE P.O,,THRISSUR -680 596.

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3PRINCIPAL
GOVERNMENT MEDICAL COLLEGE,GANDHI NAGAR P.O,
KOTTAYAM-686 008.

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4DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE
P.O,TRIVANDRUM-695 011.

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BY ADVS.
SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH &AMP;
SRI.P.SREEKUMARSCKERALA UTY.HEALTH AMP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.08.2023, ALONG WITH WP(C).14549/2015, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) Nos. 14549 & 14521 of 2015

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BASANT BALAJI, J.

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……………………….................................... WP(C) Nos. 14549 & 14521 of 2015

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.............................................................. Dated this the 22^nd day of August, 2023

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JUDGMENT

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The petitioners have approached this Court for a

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declaration that the petitioners are entitled to appear for the Medical Post graduate degree examination notified by the University on 16.04.2015 as per Ext.P6 in W.P.(C) No. 14549

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of 2015 and Ext.P5 in W.P.(C) No.14521 of 2015 and to permit them to appear for the Medical Post graduate degree examination in Pathology on 1.6.2015.

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There is an interim order directing respondents 1 to 3, to permit the petitioners to appear for the Medical Post graduate examination in M.D Pathology. It was made cleared that answer scrips could be valued, but the results should not be published without permission of this Court. Subsequently,

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it is seen that the said order was modified on 15.09.2015,

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WP(C) Nos. 14549 & 14521 of 2015

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wherein it was directed that the results of the examinations pursuant to the interim order dated 15.05.2015 shall be published, however, subject to the result of the writ petition.

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The learned counsel for the petitioners submits that, the petitioners have passed out the Course successfully. Hence, the interim order passed by this Court shall be made absolute.

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The learned counsel for the University submits that it is a fact that the petitioners had written the examination and passed out to the course.

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Therefore, the Writ Petitions are disposed of, making

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the interim orders dated 15.05.2015 as well as 15.09.2015 absolute.

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Sd/BASANT BALAJI JUDGE

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SRJ

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WP(C) Nos. 14549 & 14521 of 2015

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APPENDIX OF WP(C) 14521/2015

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`PETITIONER EXHIBITS`
`EXHBIIT P1`	`TRUE COPY OF THE RELEVANT PAGES OF THE` `REGULATIONS,CURRICULAM AND SYLLABUS OF THE` `POSTGRADUATE MEDICAL COURSES ISSUED BY THE 1ST` `RESPONDENT UNIVERSITY.`
`EXHBITI P2`	`TRUE COPY OF THE PROCEEDINGS DATED 19-07-2014` `OF THE 3RD RESPONDENT PRINCIPAL OF THE COLLEGE`
`EXHBIIT P3`	`TRUE COPY OF THE PROCEEDINGS DATED 11-08-2014` `OF THE VICE PRINCIPAL OF THE COLLEGE`
`EXHBIIT P4`	`TRUE COPY OF THE PROCEEDINGS DATED 06-11-2014` `OF THE VICE PRINCIPAL OF THE COLLEGE`
`EXHBITI P5`	`TRUE COPY OF THE EXAMINATION NOTIFICATION DATED` `16-04-2015 ISSUED BY THE 2ND RESPONDENT`
`EXHBIIT P6`	`TRUE COPY OF THE ATTENDANCE DETAILS OF` `PETITIONER AND OTHER 3RD YEAR POSTGRADUATE` `STUDENTS IN THE PATHOLODY`
`EXHBITI P7`	`TRUE COPY PROCEEDINGS DATED 16-04-2014 OF THE` `1ST RESPONDENT UNIVERSITY APPROVING THE THESIS` `OF PETITIONER`
`EXHBIIT P8`	`TRUE COPY OF THE INTERIM ORDER DATED 08-05-2015`
	`IN W.P(C) NO 13923/2015 OF THIS HON'BLE COURT`

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WP(C) Nos. 14549 & 14521 of 2015

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APPENDIX OF WP(C) 14549/2015

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`PETITIONER EXHIBITS`
`EXHIBIT P1.`	`TRUE COPY OF THE RELEVANT PAGES OF THE` `REGULATIONS, CURRICULUM AND SYLLABUS OF THE` `POSTGRADUATE MEDICAL COURSES ISSUED BY THE 1ST` `RESPONDENT UNIVERSITY.`
`EXHIBIT P2.`	`TRUE COPY OF THE PROCEEDINGS DATED 19.07.2014 OF` `THE 3RD RESPONDENT PRINCIPAL OF THE COLLEGE.`
`EXHIBIT P3.`	`TRUE COPY OF THE PROCEEDINGS DATED 01.08.2014 OF` `THE PRINCIPAL OF THE COLLEGE.`
`EXHIBIT P4.`	`TRUE COPY OF THE PROCEEDINGS DATED 21.10.2014 OF` `THE PRINCIPAL OF THE COLLEGE.`
`EXHIBIT P5`	`TRUE COPY OF THE PROCEEDINGS DATED 21.10.2014 OF` `THE PRINCIPAL OF THE COLLEGE MODIFYING EXT.P4.`
`EXHIBIT P6`	`TRUE COPY OF THE EXAMINATION NOTIFICATION DATED` `16.04.2015 ISSUED BY THE 2ND RESPONDENT.`
`EXHIBIT P7.`	`TRUE COPY OF THE ATTENDANCE DETAILS OF` `PETITIONER AND OTHER 3RD YEAR POSTGRADUATE` `STUDENTS IN THE PATHOLOGY.`
`EXHIBIT P8.`	`TRUE COPY PROCEEDINGS DATED 16.04.2014 OF THE` `1ST RESPONDENT UNIVERSITY APPROVING THE THESIS` `OF PETITIONER.`
`EXHIBIT P9`	`TRUE COPY OF THE INTERIM ORDER DATED 08.05.2015` `IN W.P.(C)NO.13923/2015 OF THIS HON'BLE COURT.`

Dr.Vani Jayaraj v. Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

Dr.Vani Jayaraj v. Kerala University of Health Sciences

Case brief

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What did the court decide?

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