SREEKUMARAN NAIR P Vs. STATE OF KERALA

JUDGEMENT

(1.) 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: