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2022 Supreme(Online)(KER) 60875
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944 WP(C) NO. 16922 OF 2022 PETITIONERS:
1 SHIFIYA JAISON AGED 25 YEARS D/O. JAISON JACOB, PADAMATTUMMAL, KURUMBATHURUTH, GOTHURUTH P.O., ERNAKULAM PIN- 683516, REG. NO.
170030313.
2 SRUTHY C.AJAY, AGED 23 YEARS D/O. AJAYAKUMAR C., KOCHUVELIYIL HOUSE, CMC-27, CHERTHALA P.O, ALAPPUZHA DISTRICT, PIN- 688524, REG.
NO. 170030316.
3 KHADEEJA FERBIN C.P, AGED 24 YEARS D/O. ABDUL KABEER C.P., CHIRUTHAPARAMBIL HOUSE, VELLIPARAMBU P.O., CALICUT DISTRICT, PIN- 673008., REG.NO.170030902.
4 DENNA P.RAJU, AGED 22 YEARS D/O. RAJU K., PLACHILAZHIKATHU VEEDU, MEEYANOOR P.O., KOTTARA, KOLLAM, PIN- 691537, REG.NO. 170030290.
5 VISHNU S.
AGED 23 YEARS S/O. SATHEESH KUMAR P., "POURNAMI" HOUSE, B.P.
ANGADI, TIRUR, KANNUR DISTRICT, PIN-679122, REG.
NO.170030995.
6 NITHIL P.P., AGED 24 YEARS S/O. PRABHAKARAN P.P., AMRITHAPURI HOUSE, BHEEMANAD P.O., PARAPPURAM, PALAKKAD DISTRICT, PIN- 678601, REG. NO.170030975.
7 SREELAKSHMI MURALEEDHARAN, AGED 23 YEARS D/O. MURALEEDHARAN V., THAZTHMOOTHERI HOUSE, GRAMAM POST, VELIANCODE, MALAPPURAM DISTRICT, PIN- 679579, REG. NO. 170030985.
8 GIGI GEORGE, AGED 22 YEARS D/O. JESSY GEORGE, VAZHAPPALLY HOUSE, PERAKAM P.O., THRISSUR DISTRICT, PIN- 680506, REG. NO. 170030962.
BY ADVS.
B.S.SIVAJI DHANYA SREENIVASAN RESPONDENT/S:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (NCISM)
JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65, INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK, NEW DELHI-110058, REPRESENTED BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES, MULANKUNNATHUKAVU, THRISSUR, PIN - 680596., REPRESENTED BY ITS REGISTRAR.
3 THE PRINCIPAL, MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE, MANNAM SUGAR MILLS P.O., PANDALAM, PATHANAMTHITTA DT., PIN-
689501.
4 THE PRINCIPAL, VISHNU AYURVEDA COLLEGE, KULAPPULLY, SHORNUR, PALAKKAD DISTRICT, PIN- 679122.
SRI.P.SREEKUMAR, SC SRI S MANU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, ALONG WITH W.P.(C) NOS.17034 OF 2022 AND 17061 OF
2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944 WP(C) NO. 17034 OF 2022 PETITIONERS:
1 SABYA VENUGOPAL., AGED 24 YEARS D/O. VEENUGOPAL ACHARY A., MELEKUNNIL PUTHEN VEEDU, CHATHIYODE, NALAMCHIRA P.O., THIRUVANANTHAPURAM DISTRICT, PIN-
695015. REG. NO.170030103.
2 REHNA M., AGED 23 YEARS S/O. M.K.IQBAL, JASEELA MANZIL, NJARAYILKONAM P.O., MADAVOOR, TRIVANDRUM DISTRICT, PIN695602, REG. NO.
170030100.
3 KAILASANATH M., AGED 24 YEARS S/O. MADHAVAN M.K., 15, 50A2, ARASUVILA, BACK OF MUNICIPAL OFFICE, THUCKALAY, KANYAKUMARI DT. PIN-
629175. REG. NO. 170030085.
4 ANN MARY VARGHESE, AGED 23 YEARS D/O. VARGHESE K.D, KODAVARAKKARAN HOUSE, POOKODE P.O., VATTANATHRA, THRISSUR DISTRICT, PIN- 680302, REG. NO. 170030654.
5 ABIN T.G., AGED 24 YEARS S/O. GOPI T.K., THOPPIL HOUSE, VALLACHIRA P.O., THRISSUR DISTRICT, PIN- 680562 REG. NO. 170030613.
6 SURAJ KRISHNA, AGED 22 YEARS S/O. KRISHNA KUMAR, RAJAPRABHA, AMBIKAPURAM, KALPATHY, PALAKKAD DISTRICT, PIN 678011, REG. NO.
170030670.
7 ANUJA REGHU, AGED 24 YEARS D/O. P.N.REGHU, PUTHUPPALLY PADVIL HOUSE, MANTHURUTHY P.O., NEDUMKUNNAM, KOTTAYAM DISTRICT, PIN- 686542, REG. NO. 170031015.
8 ATHIRA K.S, AGED 23 YEARS D/O. SURESH BABU, KARNAMKOTTU HOUSE, CHIRAMANEGAD P.O., VELLARKADDU, THRISSUR DISTRICT, PIN- 680584, REG.NO. 170031042.
9 AGILA MURALI T.P., AGED 24 YEARS D/O. MURALEEDHARAN T.P., THEKKEPUTHAN VEEDU, KOVILAKAMKUNDU, MANJERI P.O., MALAPPUARAM DT. REG.
NO. 201722109.
BY ADVS.
B.S.SIVAJI DHANYA SREENIVASAN RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE , JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAVAN 61-65, INSTITUTIONAL AREA, JANAKPURI 'D' BLOCK, NEW DELHI- 110058, REPRESENTED BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES, MULANKUNNATHUKAVU, THRISSUR, PIN - 680596., REPRESENTED BY ITS REGISTRAR.
3 THE PRINCIPAL, GOVERNMENT AYURVEDA COLLEGE, THIRUVANANTHAPURAM PIN-
695001.
4 THE PRINCIPAL, PNNM AYURVEDA MEDICAL COLLEGE AND HOSPITAL, CHERUTHURUTHY P.O., THRISSUR, PIN- 679531.
5 THE PRINCIPAL, AHALIA AYURVEDA MEDICAL COLLEGE, KOZHIPPRA, PALAKKAD ,PIN- 678557.
SRI P SREEKUMAR, SC, SRI S MANU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, ALONG WITH W.P.(C) NOS.16922 OF 2022 AND 17061 OF
2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944 WP(C) NO. 17061 OF 2022 PETITIONERS:
1 ANUSREE M.S, AGED 23 YEARS D/O. M.M. SASEENDRAN, MANALEL HOUSE, EDAKKANAM P.O, KEEZHUR, IRITTY, KANNUR DISTRICT, PIN 670 703, REG. NO. 170031077
2 KHADEEJA ABDUL RAHEEM, AGED 23 YEARS D/O. RAHEEM, RAYON, CUSTOMS ROAD, VADAKARA, KOZHIKODE DISTRICT, PIN 673 103, REG. NO. 170 030 305.
3 PRAVEEN P, AGED 22 YEARS S/O. M.P. PRASAD, MANGALATHU PUTHEN VEEDU, PAINGAMALA THONNIAMALA P.O, PATHANAMTHITTA DISTRICT, PIN 689 668, REG. NO. 170030442.
4 LAKSHMITHA RAJ, AGED 24 YEARS D/O. V. PREMARAJAN, VALIYAVEETTIL MAKKOOTTOR, THALASSERY, KANNUR, PIN 670 102, REG. NO. 170030575
5 SHILPA P.J, AGED 23 YEARS D/O. GANGADHARAN P, PUTHUVAKKAL HOUSE, JAYANLIWARD, CHALAD P.O, KANNUR DISTRICT, PIN 670 014, REG.
NO. 170030593
6 FIDHA FATHIMA S.Y, AGED 23 YEARS D/O. YOOSUFF, MADATHUKUNUMMAL HOUSE, EKAROOL P.O, UNNIKULAM, PIN 673 574, KOZHIKODE DISTRICT, REG. NO.
170030213.
7 GREENA G.S, AGED 24 YEARS D/O. GOPY A, GREESHMAM, KANUKUMCHERY, KARIYARA P.O, PUNALUR, KOLLAM DISTRICT, KERALA , PIN 691 332, REG. NO. 170030215
8 KHADEEJA FERBIN C.P, AGED 24 YEARS D/O. ABDUL KABEER C.P, CHIRUTHAPARAMBIL HOUSE, VELLIPARAMBU P.O, CALICUT DISTRICT, PIN 673 008, REG. NO. 170030902.
9 K. SUSHITHA SUSHEER, AGED 25 YEARS S/O. K. SUSHEER, KOLLUNGAL HOUSE, KUNDALIYR P.O, ENGANDIYUR, THRISSUR DISTRICT, KERALA , PIN
680 616, REG. NO. 170030377.
10 ABHIRAM HARI, AGED 24 YEARS S/O. HARIKUMAR P, ABHIRAMAM KAPPIL MAKKE, KRISHNAPURAM P.O, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN 690 533, REP.G NO. 170030746
11 VINAYAK ANI, AGED 23 YEARS S/O. ANI. V, ANI BHAVANAM, KOOTHIKKADA P.O, THATTAMALA, KOLLAM, KERALA , PIN 691 020, REG. NO.
170030803.
12 SHAHANA M, AGED 25 YEARS D/O. KUNHIMOHAMMED M, MALANGADAN HOUSE, KARAKKUNNU P.O, SHRPPINKUNNU, MALAPPURAM DISTRICT, PIN 676 123, REG. NO. 170030902.
13 KISHORE KUMAR POTHUVATH, AGED 24 YEARS S/O. POTHUVATH HOUSE, THENNALA P.O, MALAPPURAM DISTRICT, PIN 676 508, REG. NO. 1700 30840.
14 YOGANAND G, AGED 23 YEARS S/O. R. GANESH, HOUSE NO. 48, THOPPIL NAGAR, KUMARAPURAM, THIRUVANANTHAPURAM, DISTRICT, PIN 695 011, REG. NO. 170030526 BY ADVS.
B.S.SIVAJI DHANYA SREENIVASAN RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEMS OF MEDICINE (NCISM), JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY, ANUSANDHAN BHAVAN, 61-65, INSTITUTIONAL AREA, JANAKPURI 'D' BLOCK, NEW DELHI, 110 058, REPRESENTED BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES, MULANKUNNATHUKAVU, THRISSUR, PIN 680 596, REPRESENTED BY ITS REGISTRAR.
3 THE PRINCIPAL, ASHTAMGAM AYURVEDA CHIKITSALAYAM AND VAIDYAPEEDHAM, VAVANOOR, KOOTTANAD, PALAKKAD DISTRICT, PIN 679 533.
4 THE PRINCIPAL MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE, MANNAM SUGAR MILLS P.O, PANDALAM, KERALA , PIN 689 501
5 THE PRINCIPAL, P.N.PANICKER SOUHRUDA AYURVEDA MEDICAL COLLEGE, PARAKALIL P.O, ANANDASRAM VIA KANHANGAD, PIN - 671531
6 THE PRINCIPAL, MVR AYURVEDA COLLEGE, PARASSINIKADAVU P.O, KANNUR DISTRICT, PIN-670 563
7 THE PRINCIPAL, KMCT AYURVEDA MEDICAL COLLEGE, MAMPATTA, KOOLIMAD, MANASSERY, MUKKOM, KOZHIKODE DISTRICT, PIN-673 602
8 THE PRINCIPAL, VPSV AYURVEDA COLLEGE, KOTTAKKAL EDARIKKODE P.O, MALAPURAM DISTRICT, PIN-676 503
9 THE PRINCIPAL, NANGELIL AYURVEDA MEDICAL COLLEGE, NELLIKKUZHI P.O, PIN - 686691
10 THE PRINCIPAL, SREE NAYARANA INSTITUTE OF AYURVEDIC SINDA AND RESEARCH KARIMPINPUZHA P.O, PUTHOOR KOLLAM DISTRICT, PIN-691 507
11 THE PRINCIPAL, VAIDYARATNAM AYURVEDA COLLEGE, OLLUR, THAIKKATTUSSERY, THRISSUR, PIN-680306
12 THE PRINCIPAL, PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE & PG CENTRE, KILL KATTAKADA, THIRUVANANTHAPURAM DISTRICT, PIN-695572 SRI P SREEKUMAR SC, SRI S MANU SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, ALONG WITH W.P.(C) NOS.17034 OF 2022 AND 16922 OF
2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners in these writ petitions are students pursuing their BAMS course in various colleges which are affiliated to the Kerala University of Health Sciences, the 2nd respondent herein. They assert that they have all successfully completed the 1st and 2nd professional examinations. However, the petitioners have failed to pass certain papers of the 3rd professional examinations. They contend that due to the restrictions imposed due to the pandemic, the University was not able to conduct the supplementary examination in a timely manner which prevented them from applying for and in clearing the examination. They contend that the University has now issued a notification on 19.04.2022 notifying the conduct of the regular/ supplementary (2016 Scheme) Examinations from 1.6.2022 onwards. However, on the premise that the petitioners have failed to secure pass marks in the 3rd Professional, they are not being permitted to appear for the exams. It is contended that if they are not permitted to appear for the final professional, as notified, they would have to wait close to one year to appear for the next exams.
2. The petitioners further contend that the regulations issued by the KUHS conflicts with the Regulations issued by the Indian Medicine Central Council (Minimum standards of Education in Indian Medicine) Amendment Regulations, 2016, wherein it is stated that a failed student of 3rd professional who has passed all the subjects of the 1st and 2nd professional examination can be allowed to appear in the final professional examination. The petitioners contend that, however, in the BAMS course regulations issued by the 2nd respondent, a copy of which is produced as Ext.P3, only those students who have passed in the 1st, 2nd and 3rd professional would be permitted to appear in the final professional examination. The petitioners rely on a judgment dated 27.09.2018 in W.P. (C) No.29326 of 2018 wherein this Court held that the Indian Medicine Central Council (Minimum standards of Education in Indian Medicine) amendment regulations would prevail over the regulations of the University. It is on these grounds that the petitioners have approached this Court seeking the following reliefs:
i) to issue a writ of mandamus or direction, directing the
2nd respondent to permit the petitioners to appear for the Final Professional BAMS Degree Regular/Supplementary Examinations,
3. Heard Sri.Sivaji.B.S, the learned counsel appearing for the petitioners and Sri. P.Sreekumar, the learned Standing Counsel appearing for the University.
4. Ext.P2 is a copy of the Indian Medical Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016. Regulation 6 deals with the scheme of examination. Clause 2(c) and clause 3(c) of Regulation 6 is of some relevance and is extracted below for easy reference.
(2)(c) the failed student of second professional who have passed all the subjects of first professional examination shall be allowed to appear in third professional examination, but the student shall not be allowed to appear in final professional examination unless the student passes all the subjects of second professional examination and maximum four chances shall be given to pass second professional examination within a period of maximum three years.
xxxxx xxxxxx xxxxxx (3)(c) the failed student of third professional who have passed all the subjects of first and second professional examinations shall be allowed to appear in final professional examination and maximum four chances shall be given to pass third professional examination within a period of maximum three years.
5. Ext.P3 is the Regulation issued by the KUHS, which provides for the criteria for promotion to next year. Clause 1.18(c) says that a failed student of 3rd professional who has passed all the subjects of the 1st and 2nd professional examinations shall be allowed to keep the term of final professional class and a maximum of four chances shall be
