The petitioners contend that they are students pursuing the Bachelor of Ayurvedic Medicine and Surgery course in various colleges affiliated with the Kerala University of Health Sciences. They contend that they are yet to clear some previous examinations conducted by the 1st respondent University. Due to restrictions imposed due to the pandemic, the petitioners herein were not able to appear for the supplementary examinations. It is contended that the University has notified 3rd Professional BAMS Part II degree supplementary examination (2010 scheme) and it is scheduled to commence from 27.01.2022 onwards as per Ext.P2 notification. The petitioners in the said circumstances had approached the college principals and requested that they be permitted to attend the 3rd Professional examinations. According to them, they were informed that unless they clear their previous year’s examination they would not be permitted to appear for the Final Examinations. It is contended that this Court in identical circumstances has permitted the students such as the petitioners to appear in the III Professional Examinations and place reliance on Ext.P6 judgment dated 27.9.2018 in W.P.(C) No.14499 of 2016 and connected cases. It is in the above fact scenario that the petitioners have approached this Court seeking the following relief:

i) issue a writ of mandamus or other appropriate writ, direction or order by directing the first and second respondents to permit the petitioners to attend the current examination by collecting the appropriate examination fees in order to attend coming examination of Third Professional BAMS Part II Degree supplementary (2010 scheme)

Examination January 2022 as per Exhibit P2 notification.

2. On instructions, it is submitted by the learned Standing Counsel that in view of the sudden and indiscriminate spread of Covid-19 cases, the University has decided, purely as a one time measure, to permit the students to appear for the III Professional B.A.M.S degree examinations scheduled to be held from 25.01.2022 or such extended date. It is further submitted that the grant of such an opportunity for the 2011 batch students is subject to the rider that on the date of making the request, the concerned student has not completed double the duration of the course from the date of commencement of the course. It is also submitted that to effectuate the facility that is being granted as a one time measure, whatever exemptions that have been granted to date, shall continue to enable the students to appear for the supplementary examination.

3. In that view of the matter, this writ petition is disposed of with the following directions:

a) The petitioners shall be granted time till 3 pm on 15.1.2022 to register themselves for the final year regular/supplementary examinations scheduled to be held from 25.1.2022 or such extended date.

b) The above facility shall only be available to those students of the 2011 batch who have not completed double the duration of the course from the date of commencement of the course. Insofar as 2010 batch students are concerned, the aforesaid rider shall not be applicable.

c) The facility that is being granted is as a one time measure.

d) The final year results shall be published only after the petitioners clear all the previous examinations, i.e., the I and II Professional.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

IAP

APPENDIX OF WP(C) 474/2022 PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE IDENTITY CARDS ISSUED BY THE FIRST RESPONDENT TO THE PETITIONERS.

Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED

23.12.2021 PUBLISHED BY THE FIRST RESPONDENT.

Exhibit P3 THE COURSE REGULATIONS ISSUED BY THE FIRST RESPONDENT UNIVERSITY.

Exhibit P4 TRUE COPY OF REQUEST LETTERS DATED

14.12.2021 SUBMITTED BY THE 4TH AND 8TH PETITIONER BEFORE THE THIRD RESPONDENT.

Exhibit P5 TRUE COPY OF THE LETTER DATED 14.12.2021 SEND BY THE THIRD RESPONDENT TO THE SECOND RESPONDENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED

27.09.2018 IN W.P.C NO.14499/201