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2026 Supreme(Online)(Ker) 21742

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MEENU BENNY – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES – Respondent
WP(C) NO. 10842 OF 2021



Advocates:
For the Appellants/Petitioners: SHRI.B.S.SIVAJI, SMT.DHANYA SREENIVASAN
For the Respondents: SHRI.P.SREEKUMAR, SMT. AMMINIKUTTY K., SRI.S.GANESH

The interim order permitting examination attendance is upheld conditional upon passing prior examinations.

Headnote:The petitioner sought a writ to allow her to appear for the Final Professional BAMS Degree Examination despite failing a prior exam. An interim order allowed her to sit for the exam with results pending completion of earlier exams. The writ is thus rendered infructuous but the interim order is made absolute, clarifying result conditions.

Table of Content
1. petition for writ on examination permission. (Para 1 , 2)
2. interim order permitting examination is observed. (Para 3)
3. order made absolute with result conditions. (Para 4)

JUDGMENT

The petitioner seeks for the following relief:

“To issue a writ of mandamus or direction, directing the 1st respondent to permit the petitioner appear for the Final Professional BAMS Degree Regular Examinations May 2021 along with Second Professional BAMS Degree Supplementary Examinations May 2021.”

2. Petitioner was a student of the 2nd respondent college. Though she had successfully completed the First and Third Professional BAMS Degree Examinations she failed in one of the subjects in the Second Professional Examination. Petitioner belonged to the 2016 batch of the college. Since the petitioner had not cleared the second professional supplementary examination, she was not permitted to write the Final Professional BAMS Degree Regular Examination which was scheduled to be conducted in May 2021. Hence petitioner approached this Court through this writ petition.

3. By an interim order dated 07.05.2021, a learned Single Judge of this Court permitted the petitioner to appear in the Final Year BAMS Examination on condition that the results will be published only after petitioner clears all the previous examinations.

4. Pursuant to the above direction petitioner is stated to have written the examination. As the prayer sought for in the writ petition is only to permit the petitioner to write the examination, in the light of the interim order dated 07.05.2021, the writ petition has practically become infructuous. However, since the petitioner was permitted to write the examination by an interim order, it is necessary for the said order to be made absolute.

Accordingly, the interim order dated 07.05.2021 is hereby made absolute. It is clarified that the results of the final year examination written by the petitioner shall be published only after she clears all the previous examinations.

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