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HIGH COURT OF KERALA
T. R. Ravi, J
AKSHAI GANESH KUMAR – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS) – Respondent
WP(C) 42674/2023
Examination - Writ Petitions - WP(C) No.34075/2023 - The court ruled that amended criteria for MBBS examinations, effective 01.08.2023, providing minimum passing percentages, should be applied retrospectively, resulting in successful outcomes for petitioners.
Fact of the Case:
The petitioners challenged examination results based on amended passing criteria for MBBS students. They argued that under the new rules, they had passed the examination held in August 2023 but were declared failed based on old criteria.
Finding of the Court:
The court found that the petitioners met the minimum passing requirements under the new criteria set to take effect from 01.08.2023. The court ordered the issuance of revised mark sheets reflecting their passing status.
Issues: Whether the amended criteria for passing the MBBS examination should apply to results published post-implementation, and if the petitioners met the new standards.
Ratio Decidendi: The court ruled that the new passing criteria should be applied retrospectively to ensure fairness. The petitioners’ results showed they satisfied the amended criteria.
Final Decision: Writ petitions granted; new mark sheets to be issued reflecting passing status.
JUDGMENT
The issues involved in these writ petitions are covered by judgment in WP(C) No.34075/2023, wherein this Court has held that the amended criteria for passing examination for MBBS students ie; minimum 40% aggregate in a paper and in cases where there is a practical along with theory paper, 50% in aggregate with 60:40 or 40:60 as between the two papers, will be effective from 01.08.2023. The petitioners had taken the examination during August 2023 and the results have been published on 10.10.2023. Applying the new criteria, the petitioners are to be treated as passed in all the subjects, since they have the minimum 40% and aggregate 50% maintaining the ratio of
40:60.
The writ petitions are hence allowed. There will be a direction to the Controller of Examinations to issue fresh mark sheets showing the status of the petitioners applying the new criteria regarding passing the exam. The mark sheets shall be issued at the earliest.
Sd/- /- T.R. RAVI JUDGE
01.08.2023 ISSUED BY THE NATIONAL MEDICAL COMMISSION Exhibit P3 TRUE COPY OF THE CORRIGENDUM NOTIFICATION DATED 01.09.2023 ISSUED BY THE NATIONAL MEDICAL COMMISSION Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE KERALA GAZETTE NOTIFICATION NO.
2891/2017/ACI/ GEN A2/ MED/ KUHS DATED
12.10.2023 WITH KUHS MBBS COURSE REGULATIONS 2023 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 01.12.2023 IN W.P.(C) NO. 34075/ 2023 OF THIS HON'BLE COURT APPENDIX OF WP(C) 42477/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE EXAMINATION RESULTS (PROVISIONAL) DATED 10.10.2023 OF THE PETITIONER OF THE THIRD PROFESSIONAL MBBS DEGREE PART I SUPPLEMENTARY EXAMINATIONS (2019 ADMISSION), AUGUST 2023 Exhibit P2 TRUE COPY OF THE EXAMINATION RESULTS (PROVISIONAL) DATED 31.05.2023 OF THE PETITIONER OF THE THIRD PROFESSIONAL MBBS DEGREE PART I REGULAR EXAMINATIONS (2019 ADMISSION), FEBRUARY 2023 Exhibit P3 TRUE COPY OF THE SCORESHEET OF THE PETITIONER FOR COMMUNITY MEDICINE - PAPER I OF THE THIRD PROFESSIONAL MBBS DEGREE PART I SUPPLEMENTARY EXAMINATIONS (2019 ADMISSION), AUGUST 2023 Exhibit P4 TRUE COPY OF THE SCORESHEET OF THE PETITIONER FOR COMMUNITY MEDICINE - PAPER II OF THE THIRD PROFESSIONAL MBBS DEGREE PART I SUPPLEMENTARY EXAMINATIONS (2019 ADMISSION), AUGUST 2023 Exhibit P5 TRUE COPY OF THE SCORESHEET OF THE PETITIONER FOR OTORHINOLARYNGOLOGY - PAPER I OF THE THIRD PROFESSIONAL MBBS DEGREE PART I SUPPLEMENTARY EXAMINATIONS (2019 ADMISSION), AUGUST 2023 Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE COMPETENCY BASED MEDICAL EDUCATION CURRICULUM (CBME) GUIDELINES DATED
01.08.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE CORRIGENDUM NOTIFICATION DATED 01.09.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE KERALA GAZETTE NOTIFICATION NO.
2891/2017/ACI/ GEN A2/ MED/ KUHS DATED
12.10.2023 WITH KUHS MBBS COURSE REGULATIONS 2023ISSUED BY THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 01.12.2023 IN W.P.(C) NO. 34075/ 2023 OF THIS HON'BLE COURT
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