LEKHA.K.S. Vs. IYPE VARGHESE

JUDGEMENT

(1.) THIS contempt matter arises from an interim order dated 04.04.2012, whereby the interim prayer sought for by the petitioners, not to deploy any person as an examiner who was not duly qualified as per Exhibits P1 and P2 was considered and granted.

(2.) A detailed statement had been filed on behalf of the third respondent, pointing out that there is absolutely no merit or bonafides in the proceedings and that only duly qualified persons have been deputed by the respondent University as Examiner. The version of the third respondent is discernible from paragraph 3 and 4, which are extracted below for continuance of reference: "

(3.) IT is respectfully submitted that the appointment of the examiners in the university are made by the 3rd respondent on the specific recommendation of the examination committee headed by a convener. The university calls for the details of the teaching staff from the colleges and the colleges forward the same to the university. Sree Narayana Institute of Medical Sciences where Dr. Anil S.P. works as Associate Professor in Anatomy forwarded the details to the university. A true copy of the list of faculty submitted by Sree Narayana Institute of Medical Sciences to the university is produced herewith and marked as Annexure R3(A). Sri. Anil S.P. is also a recognized faculty in Anatomy by the Medical Council of India. A true copy of the relevant portion of the profile of the recognized faculty in Anatomy published by the Medical Council of India is produced herewith and marked as Annexure R3(B). The examination committee considered the said aspects and recommended him for being appointed as an internal examiner for the MBBS examination. The list of examiners presented to the 3rd respondent was accepted and appointment orders were issued to the respective persons.