Kerala High Court
Akhil Kumar P.K vs Kerala University Of Health ... on 13 January, 2022
WP(C) NO. 474 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
WP(C) NO. 474 OF 2022
PETITIONERS:
1 AKHIL KUMAR P.K., AGED 30 YEARS
S/O. P.C. KUMARAN, PARAYAMPARAMBIL HOUSE,
THIRUVAMKULAM P.O, THRIPUNITHURA, ERNAKULAM
DISTRICT-682 305
2 VIVEK THOMAS, AGED 28 YEARS
S/O. THOMAS N.O, NEDUMATTATHIL HOUSE, MANALITHARA
P.O, MALAKKA, THRISSUR DISTRICT-680 589.
3 ABHILASH K.M, AGED 27 YEARS
S/O. SUBRAMANIAN K.M, KOLLERI MANNANGOT,
SOUPARNIKA, RAMANATTUKARA P.O,
KOZHIKODE DISTRICT-673 633
4 HASHNA HANEEFA, AGED 28 YEARS
D/O.HANEEFA K.B, KORANIYIL HOUSE, ULIYANNOOR P.O,
ALUVA, ERNAKULAM-683 108.
5 LABEEB S. MOHAMMED,AGED 27 YEARS
S/O. M.M. SEETHI, M. KANZIL, KOCHUKARIKKAKAM
DAIVAPURA, PERINGAMMALA P.O, TRIVANDRUM-695 563
6 LAKSHMI PRASAD, AGED 29 YEARS
D/O. P. HARIPRASAD, PUZHAVOOR AISHWARYA,
NANTHIYATTULUNNAM P.O, ERNAKULAM-683 513
7 ABHISHEK K. SHANMUGHAN, AGED 33 YEARS
S/O. K.K. SHANMUGHAN, KANIYIL HOUSE, KURUPPAMPADY
P.O, PERUMBAVOOR , ERNAKULAM-683 545.
8 PINKY PRABHAKARAN,
AGED 28 YEARS
D/O. E.N. PRABHAKARAN, EDAKKATTIL (H),
THAMMANIMATTAM, RAMAMANGALAM P.O, ERNAKULAM-686 663
9 BALAGOPAL N.K,
AGED 29 YEARS
S/O.LATE N.G. KARUNAKARAN, NANGELIL HOUSE,
WP(C) NO. 474 OF 2022 2
PULLUVAZHY P.O, PERUMBAVOOR- 683 54.
BY ADVS.
K.MOHAMMED RAFEEQ
AMARNATH R LAL
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MULANKUNATHUKAVU,
THRISSUR-680 596
2 THE CONTROLLER OF EXAMINATION,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THRISSUR-680 596.
3 THE PRINCIPAL,
NANGELIL AYURVEDA MEDICAL COLLEGE, NANGELIPADY
ELAMBRA ROAD, ERAMALLOOR , KOTHAMANGALAM, ERNAKULAM
DISTRICT-686 691
4 THE PRINCIPAL,
VISHNU AYURVEDA MEDICAL COLLEGE, SHORANUR,
KULAPPULLY, PALAKKAD DISTRICT-679 122
5 THE PRINCIPAL,
KMCT AYURVEDA MEDICAL COLLEGE, MAMPATTA, KOOLIMAD,
MANASSERY ROAD, MUKKAM P.O,
KOZHIKODE DISTRICT-673 602
* 6 ADDL.R6 IMPLEADED
THE PRINCIPAL, AHALIA AYURVEDA MEDICAL COLLEGE,
KOZHIPPARA, PALAKKAD DISTRICT-68 557.
* ADDL. R6 IS IMPLEADED AS PER ORDER DATED
13.01.2022 IN I.A. NO.1 OF 2022.
SRI. P. SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 474 OF 2022 3
JUDGMENT
The petitioners contend that they are students pursuing the Bachelor
of Ayurvedic Medicine and Surgery course in various colleges affiliated with
the Kerala University of Health Sciences. They contend that they are yet to
clear some previous examinations conducted by the 1st respondent
University. Due to restrictions imposed due to the pandemic, the petitioners
herein were not able to appear for the supplementary examinations. It is
contended that the University has notified 3rd Professional BAMS Part II
degree supplementary examination (2010 scheme) and it is scheduled to
commence from 27.01.2022 onwards as per Ext.P2 notification. The
petitioners in the said circumstances had approached the college principals
and requested that they be permitted to attend the 3rd Professional
examinations. According to them, they were informed that unless they clear
their previous year's examination they would not be permitted to appear for
the Final Examinations. It is contended that this Court in identical
circumstances has permitted the students such as the petitioners to appear
in the III Professional Examinations and place reliance on Ext.P6 judgment
dated 27.9.2018 in W.P.(C) No.14499 of 2016 and connected cases. It is in
the above fact scenario that the petitioners have approached this Court
seeking the following relief:
i) issue a writ of mandamus or other appropriate writ, direction or
order by directing the first and second respondents to permit the
petitioners to attend the current examination by collecting the appropriate
examination fees in order to attend coming examination of Third
Professional BAMS Part II Degree supplementary (2010 scheme)
Examination January 2022 as per Exhibit P2 notification.
2. On instructions, it is submitted by the learned Standing Counsel
that in view of the sudden and indiscriminate spread of Covid-19 cases, the
University has decided, purely as a one time measure, to permit the
students to appear for the III Professional B.A.M.S degree examinations
scheduled to be held from 25.01.2022 or such extended date. It is further
submitted that the grant of such an opportunity for the 2011 batch students
is subject to the rider that on the date of making the request, the concerned
student has not completed double the duration of the course from the date
of commencement of the course. It is also submitted that to effectuate the
facility that is being granted as a one time measure, whatever exemptions
that have been granted to date, shall continue to enable the students to
appear for the supplementary examination.
3. In that view of the matter, this writ petition is disposed of with
the following directions:
a) The petitioners shall be granted time till 3 pm on 15.1.2022 to
register themselves for the final year regular/supplementary
examinations scheduled to be held from 25.1.2022 or such extended
date.
b) The above facility shall only be available to those students of the
2011 batch who have not completed double the duration of the
course from the date of commencement of the course. Insofar as
2010 batch students are concerned, the aforesaid rider shall not be
applicable.
c) The facility that is being granted is as a one time measure.
d) The final year results shall be published only after the petitioners
clear all the previous examinations, i.e., the I and II Professional.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 474/2022
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE IDENTITY CARDS ISSUED BY
THE FIRST RESPONDENT TO THE PETITIONERS.
Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED
23.12.2021 PUBLISHED BY THE FIRST
RESPONDENT.
Exhibit P3 THE COURSE REGULATIONS ISSUED BY THE
FIRST RESPONDENT UNIVERSITY.
Exhibit P4 TRUE COPY OF REQUEST LETTERS DATED
14.12.2021 SUBMITTED BY THE 4TH AND 8TH
PETITIONER BEFORE THE THIRD RESPONDENT.
Exhibit P5 TRUE COPY OF THE LETTER DATED 14.12.2021
SEND BY THE THIRD RESPONDENT TO THE
SECOND RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
27.09.2018 IN W.P.C NO.14499/2016 ON THE
FILE OF THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED
10.01.2022 ISSUED BY THE THIRD RESPONDENT
TO THE FIRST PETITIONER.
Exhibit P7a TRUE COPY OF THE COMMUNICATION DATED
07.01.2022 ISSUED BY THE FOURTH RESPONDENT
TO THE SECOND PETITIONER.
Exhibit P7b TRUE COPY OF THE COMMUNICATION DATED
07.01.2022 ISSUED BY THE FIFTH RESPONDENT
TO THE THIRD PETITIONER.
Exhibit P7c TRUE COPY OF THE COMMUNICATION DATED
10.01.2022 ISSUED BY THE THIRD RESPONDENT
TO THE FOURTH PETITIONER.
Exhibit P7d TRUE COPY OF THE COMMUNICATION DATED
10.01.2022 ISSUED BY THE THIRD RESPONDENT
TO THE FIFTH PETITIONER.
Exhibit P7e TRUE COPY OF THE COMMUNICATION DATED
07.01.2022 ISSUED BY THE HEAD OF THE
DEPARTMENT, AHALAYA AYURVEDA MEDICAL
COLLEGE TO THE SIXTH PETITIONER.
Exhibit P7f TRUE COPY OF THE COMMUNICATION DATED
10.01.2022 ISSUED BY THE THIRD RESPONDENT
TO THE SEVENTH PETITIONER.
Exhibit P7g TRUE COPY OF THE COMMUNICATION DATED
10.01.2022 ISSUED BY THE THIRD RESPONDENT
TO THE EIGTH PETITIONER.
Exhibit P7h TRUE COPY OF THE COMMUNICATION DATED
10.01.2022 ISSUED BY THE THIRD RESPONDENT
TO THE NINTH PETITIONER.
RESPONDENT' EXHIBITS: NIL
