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2022 Supreme(Online)(KER) 18473
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. 16292 OF 2022 PETITIONERS:
1 PAVIZHAM B.S AGED 25 YEARS DAUGHTER OF SUNIL KUMAR S, PAVIZHAM, PARAPADARNNA,CHOWARA P.O, THIRUVANANTHAPURAM, PIN - 695501 2 AKASH B AGED 25 YEARS SON OF BAIJU, SAMANNOYA, PULLUVILAKOM, R.C STREET, NEYYATTINKARA P.O, THIRUVANANTHAPURAM, PIN - 695121
3 ABJA J KRISHNA AGED 24 YEARS DAUGHTER OF K LEELA KRISHNAN,KRISHNA SREE, MARU :
SOUTH, ALUMKADAVU P. O, KARUNAGAPPALLY, KOLLAM, PIN - 690573
4 JOSIN K GEORGE AGED 27 YEARS SON OF GEORGE GERVAIS,KUTTIKATTUKUNNEL, NAMBIYAKULAM, KURUMULLOOR P.O, KANAKKARI, KOTTAYAM, PIN - 686632
5 ANJANA C.Y AGED 29 YEARS DAUGHTER OF CHANTHUKUTTY.P, CHAITHRAM, CHERIYELA, ALUMMOODU P.O, THRIKKOVILVATTOM, KOLLAM, PIN - 691577
6 NAHALA T. M AGED 27 YEARS DAUGHTER OF MUHAMMED KUNJU,THATTUPURACKAL, ERUVA P.O, KAYAMKULAM, ALAPPUZHA, PIN - 690572
7 THASLIMA BEEGUM AGED 27 YEARS DAUGHTER OF AKBER ALI A, KOMALAM, MAYAPURA HOUSE, ANDROTH ISLAND, U T OF LAKSHADWEEP, PIN – 682551
8 RAJANI LATHA AGED 25 YEARS DAUGHTER OF RAJENDRAN PILLAI C, KUNNATHOOR HOUSE, KUTTAMPERUR, MANNAR, ALAPPUZHA,CHENGANNUR, PIN -
689623
9 ASWATHY GOPAN AGED 25 YEARS DAUGHTER OF GOPAKUMAR, KOLATHU VEEDU, KOLAM, PANMANA, CHAVARA, KOLLAM, PIN - 691583
10 JINI REJI AGED 26 YEARS DAUGHTER OF REJI K KURIAKOSE,KALLETHIRIYIL, VENKIDA, BK PURAM P.O, THIRUVANIYOOR,ERNAKULAM, PIN - 682308
11 A. R ARAVIND KRISHNA AGED 24 YEARS SON OF RAJASREE C I, RAJASHRIYAM, ARUKALICKAL WEST,NEAR AMMANKOVIL TEMPLE, ADOOR,PATHANAMTHITTA, PIN - 691523
12 ANGEL BRIGHT AGED 25 YEARS DAUGHTER OF BRIGHT A. L,1/866, SISAN, MUKKAMPALAMOODU, VATTAPPARA P. O, PANTHAPLAVU, KARAKULAM PANCHAYATH, PIN - 695028
13 AHALYA S AGED 32 YEARS DAUGHTER OF SATHEESAN G, PACHAMKULATHU, KALLUMMOODU, KAYAMKULAM P. O,KRISHNAPURAM, KARTHIKAPPALLY, ALAPPUZHA, PIN - 690502
14 BISHNU BIMAL AGED 27 YEARS SON OF BIMAL RAJ V. S, VELICAKATHU, KOTTAMKULANGARA WARD, ARYAD SOUTH(PART), AVALKUNNU, ALAPPUZHA, PIN - 688006
15 PARVATHY S NAIR AGED 26 YEARS DAUGHTER OF N. K SATHEESAN NAIR, NADUVILAMURI,PRA-
44, PUNNAKKAMUGAL, THIRUVANANTHAPURAM, PIN -
695032
16 JISHNU MOHAN AGED 27 YEARS SON OF N. MOHANAN PILLAI, CHANDRA VILASAM, ATTUVASSERY, KULAKKADA, KOLLAM, PIN – 691507
17 PADMAJ CHANDRAN M. D AGED 27 YEARS SON OF MOHANACHANDRAN K. V, DEEPAM, TC 86/1550-
1,THARA HOUSE NO - 54, AKSHARAVEEDHI LANE, PETTAH P. O, THIRUVANANTHAPURAM, PIN - 695024
18 MANU JOSHY AGED 26 YEARS SON OF P.V JOSHY, PONPANAL, THATTEKKAD, KUTTAMPUZHA, ERNAKULAM, PIN - 686681
19 MEENAKSHY KISHORE AGED 25 YEARS DAUGHTER OF DEEPA KISHORE, F1 SYAMAM, RIVER VALLEY ROAD, KANJIRAMPARA, THIRUVANANTHAPURAM, PIN -
695030
20 PRIYA RAVI E. R AGED 28 YEARS DAUGHTER OF RAVI M. N, 37 1592 B, ERIYATTU PARAMB, STP PIPE LINE ROAD, KADAVANTHRA S O, ERNAKULAM, PIN - 682020
21 SREEDHARSANA L AGED 26 YEARS DAUGHTER OF K UDAYAKUMAR, UDAYAM, PINATTINMOODU, AMBALATHUMKAL P. O, NEDUVATHOOR, KOLLAM, PIN - 691505
22 DEEPTHI C JOY AGED 24 YEARS DAUGHTER OF C. V JOY,CHERUPUSHPAM HOUSE, UDAYANAPURAM P. O, VAIKOM, KOTTAYAM, PIN - 686143
23 SARASWATHY SUNIL AGED 24 YEARS DAUGHTER OF K SUNILKUMAR,VARIYANTHARA, NADUBHAGAM, CHAMPAKULAM P.O, NEDUMUDI, ALAPPUZHA, PIN - 688505 BY ADV JOMY K. JOSE RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.
O, THRISSUR, PIN - 680596
2 CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P. O,THRISSUR, PIN - 680596
3 MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE REPRESENTED BY ITS PRINCIPAL, MANNAM SUGAR MILLS P.O PANDALAM, PATHANAMTHITTA, PIN - 689501
4 SANTHIGIRI AYURVEDA MEDICAL COLLEGE & HOSPITAL REPRESENTED BY ITS PRINCIPAL, OLASSERY, KODUMBA, PALAKKAD, PIN - 679122
5 VISHNU AYURVEDA COLLEGE REPRESENTED BY ITS PRINCIPAL, KULAPPULLY, SHORANUR, PALAKKAD, PIN - 679122
6 GOVERNMENT AYURVEDA MEDICAL COLLEGE REPRESENTED BY ITS PRINCIPAL, DHANVANTRI NAGAR, THRIPPUNITHURA, ERNAKULAM, PIN - 682301
7 VAIDYARATNAM AYURVEDA COLLEGE THRISSUR, PIN - 680306
8 GOVERNMENT AYURVEDA MEDICAL COLLEGE THIRUVANANTHAPURAM, PIN - 695007
9 SREE NARAYANA INSTITUTE OF AYURVEDIC STUDIES &
RESEARCH PUTHOOR, KOTTARAKARA, KOLLAM, PIN - 691507 SRI P SREEKUMAR, SC, SMT ANIMA, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022, ALONG WITH W.P.C NOS.16838 OF 2022 & 16914 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. 16838 OF 2022 PETITIONERS:
1 ANJANA J.
AGED 24 YEARS D/O JAYACHANDRAN K.T., JYOTHIRNILAYAM HOUSE, CHERAPURAM P.O., THEEKKUNI, VADAKARA, KOZHIKODE- 673 507. REGISTRATION NO. -
150030280.
2 ASWATHI K.R., AGED 26 YEARS D/O RAJU K,. 'DREAMS', ERATTAKULANGHARA, CHITTARIPARAMBA P.O., KANNUR- 670 601.
REGISTRATION NO. - 150030291.
3 SUSRITHA K., AGED 24 YEARS D/O SREEDHARAN M.
'SREEHASAM', KAMBIL, KOLACHERY P.O., KANNUR- 670 601. REGISTRATION NO. 150030321.
4 MOHSINA, AGED 23 YEARS D/O LATE ISMAIL KHANI RAWTHER, LUMIERE, MYLAPORE ESTATE ROAD, UMAYANLOOR P.O., KOLLAM- 691 589.
REGISTRATION NO.- 150031044.
5 JUMNA JAFAR, AGED 24 YEARS D/O JAFAR KHAN K.M.
THOUFIQ MANZIL MANGARAM, KONNI P.O., PATHANAMTHITTA. REGISTRATION NO. 150031038.
6 ASWATHY RAJ, AGED 25 YEARS D/O LATE RAJU G., EDAVEEDU HOUSE, MANIPARA P.O., IDUKKI- 685 602.
REGISTRATION NO.- 150030690.
7 JIPIN DAS S.M.
AGED 26 YEARS S/O SATHYADAS G., POURNAMI, KAKKAMUKAL, KATTAKADA P.O., THIRUVANANTHAPURAM- 695 572.
REGISTRATION NO. 140030761.
BY ADV ARJUN S.RAJ RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU, THRISSUR, PIN- 680 596.
2 THE CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY OF HEALTH SCIENCES, MULANKUNNATHUKAVU, THRISSUR, PIN- 680 596.
3 MVR AYURVEDA MEDICAL COLLEGE, PARASHANIKKADAVU P.O., KANNUR, PIN- 670 563.
REPRESENTED BY ITS PRINCIPAL.
4 KMCT AYURVEDA MEDICAL COLLEGE, MAMPATTA, KOOLIMAD - MANASSERY RD, P.O, MUKKAM, KERALA-673602. REPRESENTED BY ITS PRINCIPAL.
5 P.N. PANICKER SOUHRUDA AYURVEDA MEDICAL COLLEGE, PARAKALAI, P.O., ANANDASRAM, PARAKALAI ROAD, KANHANGAD- 671 531.REPRESENTED BY ITS PRINCIPAL.
SRI P SREEKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022, ALONG WITH WP(C).NOS.16292 OF 2022 & 16914/2022, 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. 16914 OF 2022 PETITIONER:
AMRUTHA P SIVARAM AGED 23 YEARS D/O P P SIVARAMAN, PADUKUZHIYIL (H)
AMBALAMEDU PO, KUZHIKKAD, ERNAKULAM.
BY ADV JAYADEVAN J RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES MULANKUNNATHUKAVU, THRISSUR DISTRICT. PIN. 680596.
REPRESENTED BY ITS REGISTRAR.
2 THE PRINCIPAL, GOVERNMENT AYURVEDA MEDICAL COLLEGE, TRIPUNITHURA, ERNAKULAM- AM004, TRIPUNITHURA, ERNAKULAM-682305.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022, ALONG WITH WP(C).NOS.16292 OF 2022 & 16838/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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 petitioners to appear for the Final Professional Examinations.
5. Sri. P.Sreekumar, the learned Standing Counsel appearing for the University has vehemently opposed the request. It is submitted that the Indian Medical Central Council (Minimum Standards
