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2002 DIGILAW 366 (KER)

Sreekumaran Nair. P v. State of Kerala

2002-06-13

K.A.ABDUL GAFOOR

body2002
Judgment :- K.A.Abdul Gafoor, J. The first petitioner got admission to Post Graduate Medical Degree Course M.S. in General surgery. Second petitioner got admission in M.S. orthopaedics. Both of them joined the course on 22-1-1999. Admittedly by them the duration of the course is 36 months, 35 months for the academic course and one month for examination and results. That means, an incumbent can write the examination only after completing the training period of 35 months. The examination was scheduled to be conducted on 19th November, 2001. By that time the petitioners had not completed 35 months academic course. Therefore, they were not entitled to write the examination as per the University Regulations. It is in the above circumstances, this original petition was filed seeking a direction to appear in the examination commenced on 19-11-2001. They got interim orders and have appeared for the examinations. 2. The petitioners submit that they were really entitled to appear for the examination. The University submits that they should have completed 35 months by 19-11-2001 to be eligible to the admitted to the examination. Therefore, the issue to be considered is whether the petitioners were eligible to be admitted to the examination on 19-11-2001. If they were eligible, necessarily the examination for which they have appeared based on the interim order shall stand to their credit depending upon the result. If they are not eligible, the petitioner will not get anything out of that examination, whatever be the result of their performance. Therefore, I have to consider whether the petitioners were really eligible to appear for the examination commenced on 19-11-2001. 3. Ext.P1 is the prospectus for admission to the course concerned. Petitioners are not all India candidates. Therefore, commencement of the course is as contained in para XIV of Ext.P1. It reads as follows: “XIV Date of commencement of Course Classes for the All India Candidates will commence from 2-5-1998. For those who get admission under the state Quota the classes will commence from the date of which the first candidate Joins the course.” (Emphasis Supplied). Para XIV provides that ‘the date of joining means the date on which the first candidate actually commence the academic programme as certified by the principal concerned. This date should be given as the date of joining in the Post Graduate register maintained by the University. Para XIV provides that ‘the date of joining means the date on which the first candidate actually commence the academic programme as certified by the principal concerned. This date should be given as the date of joining in the Post Graduate register maintained by the University. Sub para (ii) thereof provides that for the purpose of reckoning the duration of the course the candidate will be deemed to have joined the course on the first day of the month in which he/she actually joined the course. (emphasis supplied). 4. Admittedly, the petitioners joined the course only on 22-1-1999. Therefore, the duration of their course is said to have commenced from the first day of January, 1999 going by para XIV (ii). Necessarily, they have to complete 35 months of course to write the examination in the 36th month. The 35th month, reckoned from 1-1-1999, completed on 30-11-2001. Necessarily they can appear for an examination which commenced only on 1-12-2001 or later. Admittedly, in this case, the examination had been scheduled to 19-11-2001 by which date the petitioners had not completed the course in full duration. Necessarily as per Ext.P1, they were not eligible to appear for the examination which commenced on 19-11-2001. The stand of the University not to admit them for examination was therefore correct. They could appear for the examination only on the basis of the interim order, in spite of their ineligibility. The examination undergone by an ineligible candidate cannot be reckoned to their credit. The petitioners had no right to appear for the examination going by Ext.P1. 5. Ext. P5 is the regulation regarding the post Graduate Degree Course, 1999 which governs the petitioners. Second paragraph of para 7 with the heading “Examinations” reads as follows: A candidate becomes eligible for writing the University eligible for writing the University examination only after the completion of 35/23 months from the of commencement of the course. The 23 months duration is in respect of diploma course. The petitioners have joined Post Graduate Degree course. Therefore, they will become eligible for writing the examination only after completing 35 months from 1.1.1999 even going by Ext. P5 regulation. 6. A concession may, however, be considered as per para 2 of Clause VII in Ext. P5. If a candidate joins the course late upto 73 days from the date of commencement of the course. Therefore, they will become eligible for writing the examination only after completing 35 months from 1.1.1999 even going by Ext. P5 regulation. 6. A concession may, however, be considered as per para 2 of Clause VII in Ext. P5. If a candidate joins the course late upto 73 days from the date of commencement of the course. He/she may be deemed to be eligible to write the examination along with the candidates who joined the course on the date of commencement of the course. The petitioners are not entitled to get this benefit also because admittedly the first candidate joined the course on 25-1-1998. It is the date of commencement of the course going by para XIV of Ext. P 1. The petitioners, admittedly, have joined the course only on 22-1-1999 which is beyond the 73 days made mention of in para 2 of Clause VII of Ext. P5. Therefore, that concession is also not available to the petitioners. 7. Naturally, the petitioners were not, on any count, eligible to sit for the examination which commenced in November, 2001. Naturally, the examination that they have undergone on the basis of the interim order is of no avail. Original petition fails, dismissed.