Legal Reference Library

Justice V. Chitambaresh of Kerala High Court has on Thursday(31/03/16) held that the practice of insisting a student to undertake the entire examinations for a mere failure in a single theory / practical exam is unreasonable and arbitrary. The Judgment[(Dr Geethu.S and another v Kerala University of Health Sciences and others) was delivered in a petition filed by two students along with some other connected W.P(c)’s which had been filed alleging inconsistency between the regulations fixed by Kerala University of Health Sciences(KUHS) and Medical Council of India(MCI).The petitioners were not declared successful in the Post-graduate Medical course for the reason that they had failed to secure the minimum marks in one of the four theory papers or in one of the clinical/practical tests. They further challenged the condition in the KUHS regulations ,which insisted that to secure a pass ,they had to undertake the entire examinations including the whole subjects/theory once again. The challe...

A Full bench of the Kerala High Court in Dr D.Radhakrishna Pillai v State of Kerala and others [W.P.(C) 17148/13] and various other connected cases thereto, has ruled in affirmative that Regulations prescribed by University Grants Commission (UGC) for appointment to the posts of principles and teachers in various universities and affiliated colleges have to be mandatorily followed. The Full Bench overruled a verdict of a division bench as in S.N. College vs. N. Raveendran decided on 24 October, 2001 which held UGC Regulations,1998 would not apply in the absence of any amendments to the university first statutes/byelaws. The matters were referred to a larger bench after a Single bench expressed doubt whether the ruling of the Division Bench in Raveendran’s case laid down a correct law, in view of numerous rulings by apex court which had upheld the validity of UGC norms and regulations. The Full Bench comprising of Justice Antony Dominic, Justice A.Hariprasad, and Justice P.B.Suresh Kuma...