SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 58934

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
KALYANI J.S. – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES – Respondent
WP(C) NO. 22656 OF 2025|WP(C) NO. 22589 OF 2025|WP(C) NO. 22676 OF 2025|WP(C) NO. 22892 OF 2025|WP(C) NO. 23441 OF 2025|WP(C) NO. 23445 OF 2025|WP(C) NO. 23485 OF 2025|WP(C) NO. 23533 OF 2025|WP(C) NO. 24091 OF 2025



Advocates:
For the Appellants/Petitioners: B.S.SIVAJI, DHANYA SREENIVASAN, LOYANA K.V.
For the Respondents: O.M. SHALINA FOR DSGI, M.S. KIRAN, SC.

Students in professional courses may be permitted to appear for final examinations while withholding results if previous exams are not cleared, ensuring compliance with established regulatory standards.

Headnote:(A) Kerala University Act - Eligibility Criteria for Final Professional BAMS Examinations - Petitioners were denied the chance to appear in the Final Professional BAMS Examinations due to failing subjects in prior examinations. Court ruled that students should be allowed to appear while results withheld until previous examinations cleared - Regulation reconciliation. (Paras 1, 2, 3, 5)

(B) University Regulations - Variation in eligibility between Central Council of Indian Medicine and University regulations must be considered. Court affirmed judicial precedent acknowledging flexibility in examination policies while maintaining academic standards. (Paras 4, 5)

Facts of the case:
Petitioners are pursuing BAMS degrees and have passed earlier professional exams but failed third papers, resulting in being barred from final exam, causing contrariety with an earlier court judgment allowing similar candidates to sit for exams.

Findings of Court:
Court directed publishing results for those who cleared preceding professional examinations.

Issues: The main issues included the validity of the university's eligibility criteria in light of previous court judgments.

Ratio Decidendi: The court found merit in allowing students to be examined while withholding results until qualifications from earlier exams were fulfilled, promoting fairness in educational assessments while sustaining academic integrity.

Result: Writ petitions disposed; results to be published conditioned on prior examination passes.

Table of Content
1. eligibility for bams examinations. (Para 1 , 2)
2. reference to prior judgment on exam eligibility. (Para 3 , 4)
3. court's analysis on university regulations. (Para 5)

V. G. ARUN, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

W.P.(C.) Nos. 22656, 22589, 22676, 22892, 23441, 23445, 23485, 23533 & 24091 of 2025 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Dated, this the 19th day of December, 2025

JUDGMENT

These writ petitions are filed seeking the following reliefs;

“i) To declare that petitioners are eligible to appear for the Final Professional BAMS Degree (2012 & 2016 Scheme) Regular/Supplementary Examinations conducted by the 1st respondent University.

ii) To issue a writ of mandamus or direction, directing the respondents 1 & 2 to permit the petitioners to appear for the Final Professional BAMS Degree (2012 & 2016 Scheme) Regular/Supplementary Examinations July, 2025, to be held from 03.07.2025 onwards.”

2. The essential facts are as under;

The petitioners are pursuing their studies for Bachelor of Ayurveda Medicine and Surgery (BAMS) Degree in different colleges affiliated to the Kerala University of Health Sciences. All the petitioners passed the First and Second Professional BAMS Degree Examinations, but failed for some of the subjects in the Third Professional BAMS Examination. As a result, the petitioners were disabled from appearing for the final professional BAMS Degree Regular/Supplementary Examination July 2025 scheduled to be held from 03.07.2025 onwards. On the strength of the interim orders passed by this Court, the petitioners wrote the Final Professional Examinations, but their results are not declared.

3. Learned counsel for the petitioners refers to the judgment in W.P.(C.) No.29326 of 2018 rendered in the case of identically placed students to contend that the University is bound to declare the result of the petitioners who have cleared all papers of the Third Professional Examinations by appearing for the Supplementary Examinations.

4. I heard the learned Standing Counsel for the 1st respondent University also.

5. A perusal of the judgment in W.P.(C.) No.29326 of 2018 reveals that, after considering the difference between the regulations formulated by the Central Council of Indian Medicine and the 1st respondent University with respect to the eligibility for appearing for the Final Examination, this Court declared that the University can permit students who are yet to clear papers of the Third Professional Examinations to appear for the Final Professional Examination, but the result of the Final Examination need be published only on clearing the failed papers of the Third Professional Examination. For convenience, the relevant portion of the judgment is extracted below;

“This Court is of the view that the Regulations of the University can be safeguarded by allowing the students to write the final examination without clearing the previous examination. However, the University need not release such results unless the students clear the previous examinations. This is the possible reconciliation between the two Regulations to maintain higher standard and the purpose for which such Regulation is formulated by the University. Therefore, the University can permit such students to appear for the final year provisional examination without clearing the previous examination and the University need to publish such results only along with the clearing of the previous examination. This would be more practical and convenient for the University as well, otherwise the University has to keep hold on such examination which may result in unforeseen consequences as well. If that be so, in the light of the CCIM Regulations, the students may be permitted to appear for the examination on condition that the results will not be declared without clearing the previous year examination.”

Being in respectful agreement with the findings above,

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top