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2025 Supreme(Online)(KER) 5835
HIGH COURT OF KERALA
N. NAGARESH, J
RUMAIZA FEBIN S.K – Appellant
Versus
THE KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS) – Respondent
WP(C) 26231/2024
SUJA PADNABAN PILLAI, G.RAJAN POTAYIL, SRI.BINNY THOMAS, SRI.P.SREEKUMAR (SR.)(K/410/1994), SRI.K.S.PRENJITH KUMAR
The court recognized the need for flexibility in examination regulations to accommodate students facing severe mental health challenges.
Headnote:(A) KUHS MBBS Course Regulations 2023 - Regulation 1.13 - Examination attempts - The petitioner, an MBBS student, sought an additional mercy chance to appear for examinations due to mental health issues stemming from ragging. The court found that the petitioner had a valid claim for a mercy chance based on her mental health condition. (Paras 4, 10)
(B) Mental Health Considerations - The court emphasized the importance of considering mental health in academic evaluations, particularly in cases of severe mental distress affecting performance. (Paras 8, 9)
Facts of the case:
The petitioner, admitted in 2020, faced severe mental stress due to ragging, leading to multiple failures in examinations despite attempts to seek help. (Paras 2, 3)
Findings of Court:
The court determined that the petitioner should be granted one additional mercy chance to complete her examinations, considering her mental health challenges. (Paras 10, 11)
Issues: The main issue was whether the petitioner was entitled to an additional chance to complete her MBBS examinations given her mental health struggles. (Paras 4, 6)
Ratio Decidendi: The court ruled that the unique circumstances of the petitioner's mental health warranted an exception to the standard examination regulations, allowing for a mercy chance. (Paras 10)
Result: The writ petition is disposed of as above.
| Table of Content |
|---|
| 1. petitioner faced ragging (Para 2) |
| 2. attempts and failures (Para 3) |
| 3. mental health condition (Para 4) |
| 4. regulation on examination attempts (Para 5) |
| 5. petitioner availed five chances (Para 6 , 8) |
| 6. mental stress due to ragging (Para 7) |
| 7. severe depressive disorder (Para 9) |
| 8. granting mercy chance (Para 10) |
| 9. writ petition disposed (Para 11) |
JUDGMENT
Dated this the 4th day of February, 2025 The petitioner is an MBBS Degree student in Dr.Moopen's Medical College, Wayanad. The petitioner was admitted to the Course in the year 2020 on merit.
2. The petitioner states that soon after her admission, she was afraid of ragging by senior students and the petitioner could not sleep well during nights. The petitioner could not study peacefully in the midst of violence and ragging within the College campus and in the Women's Hostel. Therefore, the petitioner could not get over the first semester examination.
3. The petitioner states that she made first attempt to write first year regular examination (2020 admission) in February, 2022 but she failed in all three papers. In the supplementary examination held in May, 2022, the petitioner made second attempt and the petitioner again failed. In the third attempt of the supplementary exam held in February 2023 also she failed. In November, 2023, the petitioner applied for only one subject that is Biochemistry and the petitioner passed the examination scoring 157 out of 300.
4. The petitioner states that the petitioner suffers from lower sensitivity and Bipolar symptoms. The petitioner consulted a Psychiatrist since 2002 for betterment of her physical and mental health. Ext.P4 certificate would show that the mental condition of the petitioner is week. In the circumstances, the petitioner is entitled to get one more mercy chance, to appear for the examination, contended the petitioner.
5. The 1st respondent entered appearance and resisted the writ petition. The 1st respondent submitted that as per Regulation 1.13 of KUHS MBBS Course Regulations 2023, the maximum total duration of MBBS Course permitted to complete the MBBS Course (of 4 ½ years), is nine years. No student shall be allowed more than four attempt for First Professional MBBS within a period of four consecutive academic years. In those four years, the maximum number of attempts permitted shall be four which shall include supplementary examination also. Partial attendance of examination in any subject shall be counted as an attempt.
6. The 1st respondent submits that the petitioner has availed the 5th chance during the First Professional MBBS Degree Examination 2020 in January, 2024. But the petitioner failed to successfully complete the First Professional MBBS Course. Ext.R1(a) would show that the petitioner attended the First Professional Examination during February, 2022, May 2022, February 2023, November, 2023 and January, 2024, thus availing five chances. The petitioner is not entitled to any more chances.
7. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing the 1st respondent, the learned counsel for the 2nd respondent and also the learned Standing Counsel representing the additional 3rd respondent.
8. The petitioner joined MBBS Course in Dr.Moopen's Medical College in the year 2020. The petitioner obtained admission on the basis of merit. However, soon after joining the College, the petitioner suffered mental stress consequent to ragging by senior students. The petitioner's mental stress continues and the petitioner has to undergo treatment of Psychiatrist.
9. Ext.P4 certificate issued by a competent Psychiatrist would show that the petitioner could not attempt all the three subjects at a time. The petitioner has diagnosed with “Severe Depressive Disorder without Psychotic features”. Ext.P4 certificate would show that the petitioner had severe anxiety and panic attacks and started anti depressants and anti anxiety drugs.
10. Taking into consideration the peculiar facts of the cas
