Vishnu Ayurveda Medical College v. Kerala University of Health Sciences

Kerala HC3 Jul 2023WP(C)/18666/2013

Case brief

AI extract

What is this about?

The Court closed two writ petitions regarding student examinations. Finding that petitioners passed examinations and completed the course, the Court made interim orders absolute and held that their subsequent appearance is treated as regular and valid.

What did the court decide?

Writ petitions closed; interim orders made absolute; appearances in examinations treated as regular and valid.

Vishnu Ayurveda Medical College Vs Kerala University… — 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 MOHAMMED NIAS C.P.

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MONDAY, THE 3^RD DAY OF JULY 2023 / 12TH ASHADHA, 1945

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WP(C) NO. 18666 OF 2013

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PETITIONER:

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VISHNU AYURVEDA MEDICAL COLLEGE GOVT. PRESS P.O., KULAPULLY, SHORNUR, PALAKKAD DISTRICT, REP. BY ITS DIRECTOR DR.P.RAMACHANDRAN NAIR. BY ADVS. SRI.B.S.SWATHI KUMAR SMT.V.BEENA

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RESPONDENTS:

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1 KERALA UNIVERSITY OF HEALTH SCIENCES MULAKKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR DISTRICT, PIN 680 596, REP. BY ITS REGISTRAR. 2 THE CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH SCIENCES, MULAKKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR DISTRICT, PIN 680 596. BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.07.2023, ALONG WITH WP(C).18648/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18648 & 18666 of 2013

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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 MOHAMMED NIAS C.P.

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MONDAY, THE 3^RD DAY OF JULY 2023 / 12TH ASHADHA, 1945

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WP(C) NO. 18648 OF 2013

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PETITIONER:

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POOMULLI NEELAKANDAN NAMBOODIRIPAD MEMORIAL AYURVEDA MEDICAL COLLEGE (A UNIT OF KERALEEYA AYURVEDA SAMAJAM HOSPITAL SHORANUR), CHERUTHURUTHY P.O., SHORANUR, PALAKKAD, REPRESENTED BY ITS ADMINISTRATIVE OFFICER SANDHYA M. BY ADVS. SRI.B.S.SWATHI KUMAR SMT.V.BEENA

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RESPONDENTS:

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1 KERALA UNIVERITY OF HEALTH SCIENCE MULAKKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR DISTRICT, PIN 680596, REPRESENTED BY ITS REGISTRAR. 2 THE CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH SCIENCES, MULAKKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR DISTRICT, PIN 680596. BY ADVS. SRI.P.SREEKUMAR,SC,KERALA UTY OF HEALTH SCIENCES

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.07.2023, ALONG WITH WP(C).18666/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18648 & 18666 of 2013

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MOHAMMED NIAS. C.P.,J

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- - - - WP(C) No.18648 & 18666 of 2013

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- - - - Dated this the 3^rd day of July, 2023

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JUDGMENT

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The prayer in WP(C)No.18648 of 2013 is for a declaration that all students of the 2012-2013 batch of BAMS course mentioned in Ext.P5 are entitled to write the examination.

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On admission of the writ petition on 26.7.2013, an interim order was passed directing the respondent to receive the examination fee of nine students listed as serial Nos.51 to 59 in Ext.P5 for BAMS course 2012-2013 and also allow them to write the examination scheduled as per Ext.P12 to be held on August 2013, pending disposal of the writ petition.

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WP(C) No.18648 of 2013 is also filed with the identical prayers. In this writ petition also there was a similar interim order. Again on 12.12.2013, this Court passed an interim order directing the University to take necessary steps to publish the result of the BAMS examination of the students mentioned in Ext.P20.

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WP(C) No.18648 & 18666 of 2013

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Today, when the matter is taken up, learned counsel for the petitioners in both the cases submit that they have passed the examination and successfully completed the course itself. This is recorded.

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Writ petitions are accordingly closed making the interim order absolute and further holding that their appearance in the examinations pursuant to the interim orders noted above will be treated as regular and valid in all purposes.

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Sd/- MOHAMMED NIAS C.P., JUDGE

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dlk/3.7.2023

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WP(C) No.18648 & 18666 of 2013

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APPENDIX OF WP(C) 18648/2013

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PETITIONER'S EXHIBITS

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EXHIBIT P1- TRUE COPY OF THE ORDER NO. R.12011/33/2006-EP DATED 22-8-2012.

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EXHIBIT P2- TRUE COPY OF THE INDIAN MEDICINE CENTRAL COUNCIL (MINIUM STADARD REQUIREMENTS OF AYURVEDA COLLEGES AND ATTACHED HOSPITALS) REGULATIONS, 2012.

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EXHIBIT P3- TRUE COPY OPF THE ORDER IN WPC NO. 21566/2012 DATED 17-9-2012.

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EXHIBIT P4- TRUE COPY OF THE LIST OF ALLOTTED STUDENTS IN THE PETITIONERS COLLEGE.

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EXHIBIT P5- TRUE COPY OF THE STUDENT REGISTRATION OF THE PETITIONERS COLLEGES.

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EXHIBIT P6- TRUE COPY OF THE ORDER DATED 6-2-2013 OF THE 1ST RESPONDENT.

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EXHIBIT P7- TRUE COPY OF THE ORDER NO. 318/2320/AC.1/2011/KUHS DATED 28-11-2012.

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EXHIBIT P8- TRUE COPY OF THE ORDER R.11011/10/2013-EP(IM-1) DATED 11-6-2013.

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EXHIBIT P9- TRUE COPY OF THE ORDER NO. 2266/AC1/CA/AYURVEDA/KUHS/2013 DATED 29-5-2013.

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EXHIBIT P10- TRUE COPY OF THE COMMUNICATION NO. 5899/EXAMS1/2013 (2) DATED 1-7-2013.

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EXHIBIT P11- TRUE COPY OF THE REPLY NO. P.N.N.M/A2/KUHS68/2013 DATED 11-7-2013.

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EXHIBIT P12- TRUE COPY OF THE NOTIFICATION NO. KUHS/1 BAMS/EXAM 1/2-13 DATED 28-6-2013.

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EXHIBIT P13- TRUE COPY OF THE PRINT OUT OF ONLINE EXAMINATION REGISTRATION OF THE PETITIONER'S COLLEGE.

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EXHIBIT P 14- TRUE COPY OF THE ORDER DATED 24-7-2013 IN WPC 18321/2013.

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EXT P15: TRUE COPY OF THE NOTICE NO.6322/ACB/2011/KUHS DATED 20.11.2013

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WP(C) No.18648 & 18666 of 2013

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EXT P16: TRUE COPY OF THE REPLY DATED 23.11.2013 OF THE PETITIONER TO THE IST RESPONDENT.

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WP(C) No.18648 & 18666 of 2013

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APPENDIX OF WP(C) 18666/2013

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PETITIONER'S EXHIBITS

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EXT P1: TRUE COPY OF THE ORDER NO. 17011/93/2012 - EP DATED 03.08.2012.

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EXT P2: TRUE COPY OF THEO RDER IN WP(C) NO. 19498/2012 DATED 17.08.2012.

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EXT P3: TRUE COPY OF THE RELEVANT PORTION OF THE INDIAN MEDICINE CENTRAL COUNCIL (MINIMUM STANDARD REQUIREMENTS OF AYURVEDACOLLEGES AND ATTACHED HOSPITALS) REGULATIONS, 2012.

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EXT P4: TRUECOPY OF THE ORDER IN WP(C) NO. 21566/2012 DATED 17.09.2012.

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EXT P5: TRUE COPY OF THE ALLOTMENT DETAILS DOWN LOADED IN THE WEB SITEOFCOMMISSIONER OF ENTRANCE EXAMINATION.

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EXT P6: TRUE COPY OF THE ORDSER DATED 22.02.2013 OF THE 1ST RESPONDENT.

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EXT P7: TRUE COPY OF THE ORDER NO. 17/2210/AC1/2011/KUHS DATED 28.01.2013.

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EXT P8: TRUE COPY OF THE ORDER NO. 2266/AC 1/CA/AYERVEDA /KUHS/2013 DATED 29.05.2013.

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EXT P9: TRUE COPY OF THE JUDGMENT IN WP(C) NO.19498/2012 DATED 25.02.2013.

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EXT P10: TRUE COPY OF THE ORDER NO. R 17011/93/2011 - EP DATED 16.05.2013.

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EXT P11: TRUE COPY OF THE COMMUNICATION NO.AC.C/3271/KUHS/2013 DATED 18.06.2013.

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EXT P12: TRUE COPY OF THE ORDER IN IA NO. 8967/2013 IN WP(C) NO. 16610/2013 DATED 03.07.2013.

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EXT P13: TRUE COPY OF THE NOTIFICATION NO. KUHS/1/BAMS/EXAM 1/ 2013 DATED 28.06.2013

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EXT P14: TRUE COPY OF THE COMMUNICATION NO.5899/EXAMS - 1 / 2013(1) DATED 29.06,2013.

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EXT P15: TRUE COPY OF THE LETTER DATED 23.07.2013 FROM THE PETITIONER TO THE 1ST RESPONDENT

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WP(C) No.18648 & 18666 of 2013

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EXT P16: TRUE COPY OF THE LIST OF THE STUDENTS OF THE PETITIONER'S COLLEGE FOR 1ST BAMS COURSE.

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EXT P17: TRUE COPY OF THE DEMAND DRADFT NO. 785087 ISSUED BY THE STATE BANK OF INDIA

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EXT P18 TRUE COPY OF THE ORDER IN WP(C) NO. 17113/2013 DATED 11.07.2013.

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EXT P19: TRUE COPY OF THE ORDER IN WP(C) NO. 18321/13 DATED 24.07.2013.

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EXT P20: TRUE COPY OF THE NOMINAL ROLL PUBLISHED BY THE IST RESPONDENT.

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EXT P21: TRUE COPY OF THE LETTER NO.5103/AC.B/2011/KUHS DATED 18.10.2013

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EXT P22: TRUE COPY OF THE REPLY DATED 30.10.2013 OF THE PETITIONER TO THE IST RESPONDENT.

Vishnu Ayurveda Medical College v. Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

Vishnu Ayurveda Medical College v. Kerala University of Health Sciences

Case brief

What is this about?

What did the court decide?

What the court decided

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