IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 21559 of 2008(N) ------------------------------------- PETITIONER: -------------------- 1. ANUROOP JOSEPH.P., IIIRD MBBS (PART-II) STUDENT, (2003 REGULAR BATCH), MEDICAL COLLEGE TRIVANDRUM, RESIDING AT 108, JUDGES AVENUE KALOOR , KOCHI-682017 2. MUHAMMED MINSHAD, IIIRD MBBS (PART-11) STUDENT, (2003 REGULAR BATCH), MEDICAL COLLEGE TRIVANDRUM, RESIDING AT KOTTAPPURAM HOUSE, MELILA PO., KUNHIKKODU KOTTARAKKARA. 3. JONES MANUEL, IIIRD MBBS PART-II STUDENT, 2003 REGULAR BATCH MEDICAL COLLEGE, TRIVANDRUM EDATHOTTIYIL HOUSE, MOOLAMATTOM PO., IDUKKI. BY ADV. SRI.G.SHRIKUMAR SRI.SREEJITH S.NAIR RESPONDENTS: ----------------------- 1. UNIVERSITY OF KERALA, UNIVERSITY CAMPUS, PALAYAM TRIVANDRUM-34, REP. BY ITS REGISTRAR 2. VICE CHANCELLOR UNIVERSITY OF KERALA, UNIVERSITY CAMPUS PALAYAM, TRIVANDRUM-34 3. CONTROLLER OF EXAMINATIONS UNIVERSITY OF KERALA, UNIVERSITY CAMPUS PALAYAM, TRIVANDRUM-34 4. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION MEDICAL COLLEGE PO., TRIVANDRUM-11. WP(C).No. 21559 of 2008(N) -2- ADDITIONAL RESPONDENT 5 - DILEEP S. AGED 23 ,M.A. SASIDHARAN, MANGALASSERY, EAST OF KELTRON JUDCTION, AROOR P.O., ALAPPUZHA - 688 534 IMPLEMENT CARRIED OUT AS PER ORDER DATED 23.7.2008 BY GOVERNMENT PLEADER SRI. I.V. PREMOD ADV. SRI.M.RAJAGOPALAN NAIR FOR R1 TO 3 SRI.H.B.SHENOY FOR ADDL.R5 SRI.B.ASHOK SHENOY FOR ADDL.R5 SMT.LAKSHMI B.SHENOY FOR ADDL.R5 SRI.ABU MATHEW FOR ADDL.R5 SRI.ANIL KURIAN THOMAS FOR ADDL.R5 SRI.SOBHAN GEORGE FOR ADDL.R5 SRI.THOMAS P.MAKIL FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEING FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21559 of 2008(N) APPENDIX PETITIONERS' EXHIBITS EXT.P1 - TRUE COPY OF THE RELEVANT PAGES OF THE ACADEMIC CALENDER PUBLISHED BY THE 4TH RESPONDENT. EXT.P2 - TRUE COPY OF THE ORIGINAL CLINICAL POSTING FOR THE 8TH SEMESTER M.B.B.S. EXT.P3 - TRUE COPY OF THE LETTER DATED 20.5.2008 ISSUED BY THE COURSE COORDINATOR TO THE VICE PRINCIPAL, MEDICAL COLLEGE, TRIVANDRUM. EXT.P4 - TRUE COPY OF THE REVISED POSTING SCHEDULE OF THE 9TH SEMESTER M.B.B.S. EXT.P5 - TRUE COPY OF THE LETTER DATED 23.6.2008 ISSUED BY THE VICE PRINCIPAL, TRIVANDRUM MEDICAL COLLEGE TO THE 2ND RESPONDENT ALONG WITH THE MINUTES OF THE MEETING HELD ON 23.6.2008. EXT.P6 - TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO. 17492/2008 DATED 20.6.2008. EXT.P7 - TRUE COPY OF THE SAID REPRESENTATION EXCLUDING THE SIGNATURE PAGES SUBMITTED BY THE PETITIONERS AND OTHERS DATED 24.6.2008. RESPONDENT'S EXHIBIT: EXT.R1(a) - TRUE COPY OF JUDGMENT IN W.P.(c) NO. 8320/08 DATED 25.3.2008. /TRUE COPY/ PA TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No. 21559 of 2008 ================== Dated this the 5th day of August, 2008. J U D G M E N T The petitioners approach this court with a contention that the 9th semester MBBS examination scheduled to be held from 12.8.2008, is against the scheme of examination as per the curriculum prescribed. According to the petitioners, examination for the 9th semester can be conducted only after 6 weeks from the date of completion of the clinical postings, which according to the petitioner would fall only after 1.9.2008 in the petitioners' college. The petitioners therefore seek a direction to the University to schedule the examination for a day after 1.9.2008. The learned Standing Counsel for the University would submit that the University had already scheduled the examination for the whole year and as per the schedule, the examination has to be conducted from 12.8.2008 onwards. He would further submit that the University has no control over the clinical postings to be made by each college. He also points out that earlier in two writ petitions namely; W.P(C) Nos. 17492 of 2008 and 8320 of 2008, two students of other Medical Colleges W.P(C)No. 21559 of 2008 - 2 - have requested this court to direct the University not to postpone examinations already scheduled. At that time the University had no intention to postpone the examination already scheduled. Accordingly, those two writ petitions were disposed of by Ext.P6 and Ext.R1(a) judgments recording the submission of the University. The Standing Counsel would further submit that subsequently representations were received from the students as well as teachers and principals of several colleges to the effect that in view of the delay in completing the clinical postings, examination for the 9th semester may be re-scheduled accordingly. But unfortunately, because of the submissions made by the University in the earlier writ petitions which were recorded by this court, the University is not in a position to change the examination scheduled. But the Standing Counsel would submit that, if this court so directs, the University can reschedule the examination from 26.8.2008. 2. What ever be the reasons, it remains a fact that in respect of the petitioners' college at least, the clinical postings could not be completed and based on the date of completion of the clinical postings, as per the curriculum prescribed, the W.P(C)No. 21559 of 2008 - 3 - examination could be normally scheduled only after 1.9.2008. From the statement filed by the University it is clear that representations for postponement of the exam on the same ground have been received from several other colleges also. Therefore, I am of opinion that, as a special case, the University can be permitted to deviate from their earlier stand and the scheme of examinations, which I would not have ordinarily permitted. Since now the University submits that the examination can be conducted on 26.8.2008 if so directed by this Court, I direct that the examination be re-scheduled to be conducted from 26.8.2008 onwards. The writ petition is disposed of with the above direction. S.SIRI JAGAN, JUDGE rhs