Students impacted by COVID-19 disruptions are entitled to appear for final professional exams as a one-time remedy.

JUDGMENT

The petitioners are students pursuing their BAMS course in various colleges which are affiliated with the Kerala University of Health Sciences, the 1st respondent herein. Among the petitioners in W.P.(C) No.16838/2022, petitioners 1 and 2 have cleared the 1st and 2nd professional examinations, whereas the rest of the petitioners are yet to clear some papers of the earlier professional examinations as well. Among the petitioners in W.P.(C) No.16292/2022, except for petitioners 3, 9 and 11, all the other petitioners have cleared the 1st and 2nd professional examinations. The petitioner in W.P.(C) No.16914/2022 is a person with a disability suffering from low vision. She has failed to clear papers of the 1st and 2nd professionals as well.

2. The petitioners 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 clearing the examination, which they had failed in the earlier professionals. 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. The petitioners contend that they cannot solely be blamed for the failure to clear the exams as the restrictions imposed due to COVID had played spoilsport. It is contended that this Court, on an earlier occasion had occasion to consider a similar issue and had permitted the students who had failed in the earlier professionals to appear for the final professional examination. According to the learned counsel, the petitioners are similarly placed as the petitioners therein and they are entitled to the very same benefits. It is on these grounds that the petitioners have approached this Court seeking a direction to the 2nd respondent to inform the petitioners, the subjects that they have failed to clear in the Final Year BAMS Degree Supplementary Examinations so as to enable them to appear for the exams notified by the University. They have also sought for issuance of directions to the 2nd respondent to permit the petitioners to remit the fees from the date notified for remitting the fees, to enable them to appear for the exams notified to commence from 1.6.2022.

3. I have heard Sri.Arjun S. Raj, Sri. Jayadevan J. and Sri. Jomy K.

Jose, the learned counsel appearing for the petitioners and Sri. P.

Sreekumar, the learned standing counsel appearing for the KUHS.

4. The learned counsel appearing for the petitioners submitted that about 2 years were lost due to COVID and during this period, the University was not in a position to conduct the Regular as well as Supplementary Examinations. If examinations were held in a timely manner, the petitioners could have appeared for the examinations and could have cleared the same. The learned counsel would contend that the respondents are relying on the regulations to deny an opportunity to the petitioners to appear for the Final Professional. The learned counsel points out that this Court in W.P.(C) No. 14499/2016 had in the facts and circumstances directed the University to grant an opportunity to the students without adverting to the impact of the regulations. Finally, it is submitted that in identical circumstances, this Court by judgment dated 12.1.2022 in W.P.(C) No. 934/2022 had permitted students similarly placed as the petit