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2023 Supreme(Online)(KER) 973

HIGH COURT OF KERALA
T. R. Ravi, J
MEGSVIN MATHEW – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS) – Respondent
WP(C) 42477/2023



Advocates:
MATHEW KURIAKOSE, K.R.ARUN, T.G.SUNIL (PERUMBAVOOR), J.KRISHNAKUMAR (ADOOR), C.N.PRAKASH, MONI GEORGE, SHAJI P.K.

The court established that the newly amended examination criteria applied retrospectively to previous results, confirming the petitioners as passed based on updated standards.

Headnote:

Examinations - MBBS Criteria - Act Section List - The court upheld the new examination criteria effective from 01.08.2023, determining that petitioners who achieved required percentages were to be considered passed, influencing the directive for fresh mark sheets.

Fact of the Case:

The petitioners challenged their examination results from August 2023, arguing that the new passing criteria should apply, allowing them to pass based on their scores.

Finding of the Court:

The court analyzed the amended passing criteria effective from 01.08.2023, concluding that the petitioners met the required minimum aggregate scores.

Issues: Whether the newly amended criteria for passing MBBS examinations applied to the petitioners' results from August 2023.

Ratio Decidendi: The court determined the applicability of the updated pass criteria, asserting that the petitioners satisfied the requirements for passing under the new standards.

Final Decision: Writ petitions are allowed; fresh mark sheets shall be issued to the petitioners.

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 Pn APPENDIX OF WP(C) 42674/2023 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 RELEVANT PAGES OF THE COMPETENCY BASED MEDICAL EDUCATION CURRICULUM (CBME) GUIDELINES DATED

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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