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2026 Supreme(Online)(Ker) 14885

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
AKHILESH S. R. – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES – Respondent
WP(C) NO. 6246 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.AKHIL SURESH, SHRI.AMRITH M.J., SMT.ANITA ELIZEBETH BABU, SHRI.RAHUL T.
For the Respondents: SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH SCIENCES, SHRI.P.SREEKUMAR (SR.)

Regulations prohibit candidates from progressing to the next examination without clearing prior semesters, regardless of pending decisions.

Headnote:The petitioner seeks a direction to register for the VIII Semester B.Pharm Degree Examination. Following alleged malpractices during his VII Semester Examination, he was disqualified. Earlier, penalties were set aside, and a fresh notice was ordered. However, due to pending results and university regulations, the court declined relief. Court found that without clearing VII Semester, VIII Semester is impermissible.

Result: The writ petition is dismissed.

Table of Content
1. petitioner requests admission for viii semester despite pending results. (Para 1 , 2 , 3)
2. court maintains regulations against progressing without clearing earlier exams. (Para 4 , 5 , 6)

JUDGMENT

The petitioner seeks for a direction to permit him to register for VIII Semester B.Pharm Degree Examination, March 2026, and also to permit him to remit the prescribed examination fee forthwith.

2. The petitioner is alleged to have committed certain malpractices during his VII Semester Examination. After completing the procedure, he was imposed with a penalty as per Ext.P7, disqualifying him from appearing in the next chance of VII Semester B.Pharm Degree Examination as and when conducted by the University apart from cancelling his appearance in the examination already written.

3. In the meantime, the petitioner challenged the said order, in W.P.(C) No.45538/2025. By judgment dated 14.01.2026, this Court set aside the penalty imposed on him and directed the Governing Council/Vice Chancellor to issue a fresh show cause notice to him on the basis of recommendations of M & LEC and proceed thereto after granting an opportunity of hearing. During the pendency of the said writ petition, interim directions were issued permitting the petitioner to remit the fee for the VII Semester Supplementary Examination held in December 2025 and in the judgment dated 14.01.2026, it was clarified that the results shall be published subject to the outcome of the decision to be taken thereon.

4. The Governing Council has not yet taken a decision and it is submitted by the learning Senior Counsel appearing on behalf of the University that the matter is posted for hearing tomorrow. In the meantime, the examination for VIII Semester has been scheduled to take place from 02.03.2026 onwards. The petitioner insists that he be permitted to write the said Semester Examination.

5. The learned Senior Counsel however pointed out that without clearing the VII Semester Examination, a candidate cannot, as per the regulations of the University, be permitted to write the VIII Semester Examination.

6. The petitioner has, already, under interim orders of this Court, permitted to attempt the VII Semester Examination twice. If the petitioner is imposed with a punishment, the examinations written by him will have to be cancelled and in that event, he cannot be permitted to write the VIII Semester Examination. However, since the petitioner’s results in the VII Semester Examination has been put on hold and is made subject to the outcome of the decision of the Governing Council as directed in W.P.(C) No.45538/2026, a lenient view cannot be adopted to enable the petitioner to be permitted to write the examination contrary to the regulations, especially in a case of such serious allegations of malpractice. Hence, I decline to grant any relief to the petitioner.

The writ petition is dismissed.

Sd/-

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