Kerala University For Helath & Sciences vs. Fawas Ajmal & Ors. Etc

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IA Nos. 116-117 & I.A.NOs. 1-2 IN I.A.NOs. 116-117 IN CIVIL APPEAL NO. 5137-5150 OF 2012

KERALA UNIVERSITY FOR HELATH & SCIENCES Appellant (s)

VERSUS

FAWAS AJMAL & ORS. ETC. Respondent(s)

ORDER

We have heard learned counsel for the parties. In our order dated 11th January, 2013 passed in I.A. Nos. 116- 117, there are some mistakes and we now direct that the said order dated 11th January, 2013 will read as follows:

"1. Heard learned counsel for the parties.

2. These are interlocutory applications seeking directions.

3. With regard to the prayer in respect of Applicant No. 1 (Fawas Ajmal S/O Dr. Ajmel Habeeb), learned counsel appearing for respondent-University states that the University will within a period of one month declare that the applicant No. 1 (Fawas Ajmal S/O Dr. Ajmel Habeeb) has passed his second supplementary examination of first year BDS conducted in the month of August, 2012.

4. As regards the prayer concerning Applicant No. 2 (K.G. Ragi D/O Gopi), learned counsel for the respondent- University submitted that in case the applicant No. 2 (K.G. Ragi D/O Gopi) makes a representation to the Principal of her College and the Principal of her College forwards the representation to the University authorities, the University authorities will consider the representation favourably.

5. We direct that the Applicant No. 2 will submit the representation to the Principal of the College accordingly within 15 days from today and the Principal of the College will forward the same within one week thereafter and the University will take decision on the application within two weeks thereafter.

6. List the applications after four weeks."

In our aforesaid order dated 11th January, 2013 we had directed the Applicant No. 2 (K.G. Ragi D/O Gopi) to submit a representation to the Principal of her college and further directed the Principal of the college to forward the representation to the University authorities and the University authorities will consider the representation of applicant No. 2 favourably.

We are now informed by learned counsel for the parties that the representation has been filed by the Applicant No. 2 before the University authorities and not before the Principal of the college.

In modification of our order dated 11th January, 2013, we direct the Principal of the college in which the Applicant No. 2 (K.G. Ragi D/O Gopi) was studying to send his comments to the University authorities within seven days from today. The University authorities, on receipt of such comments from the Principal of the college concerned, will pass appropriate orders after considering the representation favourably, within seven days from the date of receipt of such comments from the Principal of the college. The interlocutory applications are accordingly disposed of. ............................J. (A.K. PATNAIK) ............................J. (SUDHANSU JYOTI MUKHOPADHAYA) NEW DELHI, MARCH 04, 2013 ITEM NO.1 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA Nos. 116-117 & I.A.NOs. 1-2 IN I.A.NOs. 116-117 IN CIVIL APPEAL NO. 5137-5150 OF 2012 KERALA UNIVERSITY FOR HELATH & SCIENCES Appellant (s) VERSUS FAWAS AJMAL & ORS. ETC. Respondent(s) (For directions and for modification of Court's order dated 11.01.2013 and office report) Date: 04/03/2013 These I.As. were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA For Appellant(s) Mr. Venkita Subramoniam T.R., Adv. Mr. Rahat Bansal, Adv. For Respondent(s) Mr. P.A. Noor Muhamed, Adv. Mr. Romy Chacko, Adv. UPON hearing counsel the Court made the following O R D E R The I.As. are disposed of in terms of the signed order. | (G. SUDHAKARA RAO) | | (SHARDA KAPOOR) | |COURT MASTER | |COURT MASTER | (SIGNED ORDER IS PLACED ON THE FILE)