Point of Law: Court cannot find this to be in any manner in conflict to public policy; but is, in fact, in best public interest, in ultimate analysis.

JUDGMENT :

1. The Under Graduate Medical Course (MBBS), offered by the Kerala University of Health Sciences (KUHS), stipulates the following “Phase Distribution and Timing of Examinations”:

“5.2 Phase Distribution and Timing of Examinations

The nine semesters of six months each are distributed to three phases as detailed below:

2. Adjunctly, three “Notes” have been added in the Regulations of the said University as under:

“(a) Passing the Ist professional examination (I MBBS) is compulsory before proceeding to Phase II training.

(b) A student, who fails in the IInd professional examination, shall not be allowed to appear in IIIrd professional Part I examination unless he passes all subjects of IInd professional examination.

(c) Passing in IIIrd professional (Part I) examination is not compulsory before entering into semesters VIII and IX training, however passing of IIIrd professional (Part I) is compulsory for appearing for IIIrd professional (Part II) examination.”

3. The petitioners in this case are students pursuing MBBS course and who assert are eligible to attend the IIIrd professional (Part I), if not, the IIIrd professional (Part II) classes. They, however, concede that they have not been able to clear the IInd professional phase, which takes in semesters III, IV and V, they having failed certain subjects in it.

4. The petitioners assert that they have a right to take supplementary examinations for such papers, but that the KUHS is refusing such permission to them and is asking them to undergo additional training/practical evaluation for such purpose also. They submit that, to make matters worse, the KUHS has now concluded that their parent college — namely the Kannur Medical College, Anjarakandy, Kannur, does not have sufficient facilities; and has, therefore, now issued orders transferring them to other colleges, so as to facilitate their practical assessment and training in the IInd professional phase of the course. They contend that this is illegal and unlawful and therefore, that the KUHS must be directed to allow them to write the supplementary examinations, which was to commence on the 10th of October, 2022.

5. Sri.Roshen D.Alexander -learned counsel appearing for the petitioners, relied extensively on the Regulations of the KUHS, as also that of the National Medical Commission (NMC) [formerly Medical Council of India]. He argued that none of these Regulations make it incumbent upon on his clients to obtain further practical assessment or training and that the benefit of the same, which they have already completed while they wrote the main examination earlier, should be given credit to them, so as to enable them to write the supplementary examinations immediately. He argued that, as long as the afore said Regulations do not provide for any such inhibition, the stand of the KUHS to the contrary can only be seen to be illegal and unlawful.

6. Sri.P.Sreekumar -learned standing counsel for the KUHS, however, took a completely contrary stand and argued that, as per Regulations 12 of Chapter IV of the “Undergraduate Regulations” framed by the NMC, it is mandatory that the students obtain theory instructions, practical evaluation and training every time they write an examination and that this is not confined to the first attempt. He added that the in