Petitioners who fail specific subjects in professional exams but pass prior examinations can be allowed to sit for final exams under specific regulatory conditions.

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,

June, 2022.

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 ye