MAYALAKSHMI Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The reliefs sought in these four writ petitions filed by students admitted to M.B.B.S. Course are similar, and they are therefore disposed of by a common judgment.

(2.) Petitioners seek appropriate directions to permit them to take the First Year M.B.B.S. Examination. They were not allowed to take the examination, on the ground that they fell short of qualifying attendance. Though exemption had been granted earlier, the authorities changed their mind on the eve of the examinations. Pursuant to interim orders made by a learned Judge of this court, petitioners took the examination. I called for the results and find that four of the petitioners, have passed the First Year M.B.B.S. Examination in Theory and Practical.

(3.) Petitioners were admitted in the seats available in the 'All India Quota' long after regular classes commenced and only pursuant to directions issued by the High Court and Supreme Court, as seen from Ext. P1 (O.P. 7551/91Y). A candidate should secure eighty per cent attendance to enable him to appear for the First Year M.B.B.S. Examination. Chapter III, Clause (vii) of the Kerala University Ordinances prescribes this requirement. To avoid hardship to those admitted after classes commenced, for no fault of theirs, the Syndicate of the University decided to grant exemption from the required attendance, if the students secured 80 per cent attendance, between their admission and the end of the academic year. A resolution to this effect is produced as Ext. P1 in O.P. 4758/91. The Controller of Examinations; by letter dated 26th February 1991 informed all the Principals of Medical Colleges in the State that the Syndicate at its meeting on 7th February 1991 had decided.