The University Of Kerala vs Dr. B.Prema on 27 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 375 of 2008()


1. THE UNIVERSITY OF KERALA,
                      ...  Petitioner
2. THE VICE CHANCELLOR,

                        Vs



1. DR. B.PREMA,
                       ...       Respondent

2. THE STATE OF KERALA,

3. THE PRINCIPAL,

                For Petitioner  :SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY.

                For Respondent  :SRI.S.GOPAKUMARAN NAIR (SR.)

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :27/01/2009

 O R D E R
                   J.B.KOSHY, Ag.C.J. & V.GIRI, J.
                       --------------------------------------
                          W.A.No.375 of 2008
                       -------------------------------------
                       Dated 27th January, 2009

                                JUDGMENT

Koshy, Ag.C.J.

The writ petitioner was originally denied hall ticket

on the ground that she has not attended required number of days for

writing examination. By interim order of this court petitioner was

permitted to write the examination. Later, in the judgment dated

4.4.2007, statement of the counsel for the University that results can

be published on the production of the Course Completion Certificate

as per Clause 6(b) of the “Duration of Course and Attendance

Requirement for PG Course in the Faculty of Medicine” was

recorded. Thereafter, Course Completion Certificate was produced.

The University did not have any objection against that judgment. The

Course Completion Certificate reads as follows:

“This is to certify that Dr.PREMA.B,
was a student of M.S.General Surgery Course
from 22.3.2004. Her course was completed
on 21.3.2007 with the following percentage
of attendance in each year.

                  I year                  -                 99%
                  II year                 -                100%
                  III year                -                  99%

W.A.375/2008                       2

This certificate is issued on request to
produce before the Controller of
Examinations, University of Kerala,
Thiruvananthapuram.”

In spite of the same, the University has not published results of the

petitioner. From the judgment, review petition was filed only by the

student and not by the University. Therefore, University cannot file

appeal against the order in the review petition. Learned Judge

refused to review the judgment. In the above circumstances, this

appeal is not maintainable.

The appeal is dismissed.

J.B.KOSHY
ACTING CHIEF JUSTICE

V.GIRI
JUDGE

tks