The decision reinforces that courts should not interfere in academic matters unless there is a clear violation of statutory provisions.

The petitioners are students who had pursued their MBBS course from various Colleges affiliated with the Kerala University of Health Sciences (KUHS). They have approached this Court contending that the question papers set for the Third Professional MBBS Degree Part-II Supplementary Examination in General Medicine Paper-I and General Medicine Paper-II held on 22.11.2021 and 24.11.2021 were not in conformity with the Examination Manual and as per the prescriptions in the Syllabus and Model Questions issued by the University. Their prayer in this writ petition are as follows:

i) A Writ of mandamus or other appropriate writ order or direction directing the respondents to rectify the discrepancies occurred in Exhibit P7 and Exhibit P8 Question Papers by awarding adequate grace marks to the petitioners in respect of General Medicine Paper- 1 & II in Third Professional MBBS Degree Part-II Supplementary Examinations.

ii) Declare that the petitioners have passed the General Medicine Paper- 1 &

II in Third Professional MBBS Degree Part-II Supplementary Examinations by awarding necessary grace marks.

iii) A Writ of mandamus or other appropriate writ order or direction directing the respondents to examine the serious allegations made by the petitioners in their petitions and Exhibit P13 and Exhibit P17 representations and take appropriate necessary action on the basis of a proper enquiry on the same.

iv) A Writ of mandamus or other appropriate writ order or direction directing the 2nd respondent to consider and pass orders on Exhibit P14 as expeditiously as possible within a time frame as fixed by this Hon'ble Court.

2. According to the petitioners, as per Ext.P9 Examination Manual, the question paper setters have to ensure that the questions set by them are of the same pattern and standard and they are to ensure that the Question Paper Code is followed by them as in the model question paper supplied by the University. It is contended that in Ext.P10 Model Question Paper with respect to General Medicine Paper-I, the topics included are CVS (Cardiovascular System), CNS (Central Nervous System), GIT (Gastrointestinal Tract), Renal, Fluid & Electrolyte Balance, Genetics and Nutrition. Insofar as General Medicine Paper II is concerned, as is evident from Ext.P11, the topics prescribed would include Dermatology, Psychiatry and Radio Diagnosis. It is contended that in Ext.P12 syllabus recommended for the courses, it is prescribed that the topics shall be problem-oriented and structured questions must be from General Medicine. It is also stipulated that there shall not be more than one question each from Radiology, Dermatology and Psychiatry.

However, in blatant violation of the conditions in Ext.P12 syllabus, 7 questions were asked from Dermatology and Psychiatry alone. The petitioners have specifically pointed out in para 7 & 8 of the writ petition that the questions asked in General Medicine Paper-I and II are discrepant and blatantly infringes Exts.P9 to P12.

3. It is contended that due to the above discrepancy, many students including the petitioners failed in the MBBS Degree Supplementary examination and the pass percentage was very low. It is contended that the entire pass percentage for the MBBS course in the current year is only 49% which when compared to the previous years is very low. It is also stated that if the 1st petitioner had secured more than one mark in the General Medicine Paper, he would have passed the course. Immediately after the exams, separate representations were filed by the University Union as well as the students. However, the respondents refused to take remedial measures. It is on the above contentions that the petitioners have approached this Court seeking redressal of their grievance.

4. In the statement filed by the University, it is stated that the Question Paper Setters are appointed by the Controller of Examinations for the subjects concerned out of panels prepared based on recommendations of the Board of S