Kerala High Court
Anusree M.S vs National Commission For Indian ... on 26 May, 2022
WP(C) NO. 16922 OF 2022 1
& CONNECTED CASES
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. 16922 OF 2022
PETITIONERS:
1 SHIFIYA JAISON
AGED 25 YEARS
D/O. JAISON JACOB, PADAMATTUMMAL, KURUMBATHURUTH,
GOTHURUTH P.O., ERNAKULAM PIN- 683516, REG. NO.
170030313.
2 SRUTHY C.AJAY,
AGED 23 YEARS
D/O. AJAYAKUMAR C., KOCHUVELIYIL HOUSE, CMC-27,
CHERTHALA P.O, ALAPPUZHA DISTRICT, PIN- 688524, REG.
NO. 170030316.
3 KHADEEJA FERBIN C.P,
AGED 24 YEARS
D/O. ABDUL KABEER C.P., CHIRUTHAPARAMBIL HOUSE,
VELLIPARAMBU P.O., CALICUT DISTRICT, PIN- 673008.,
REG.NO.170030902.
4 DENNA P.RAJU,
AGED 22 YEARS
D/O. RAJU K., PLACHILAZHIKATHU VEEDU, MEEYANOOR P.O.,
KOTTARA, KOLLAM, PIN- 691537, REG.NO. 170030290.
5 VISHNU S.
AGED 23 YEARS
S/O. SATHEESH KUMAR P., "POURNAMI" HOUSE, B.P.
ANGADI, TIRUR, KANNUR DISTRICT, PIN-679122, REG.
NO.170030995.
6 NITHIL P.P.,
AGED 24 YEARS
S/O. PRABHAKARAN P.P., AMRITHAPURI HOUSE, BHEEMANAD
P.O., PARAPPURAM, PALAKKAD DISTRICT, PIN- 678601,
REG. NO.170030975.
7 SREELAKSHMI MURALEEDHARAN,
AGED 23 YEARS
D/O. MURALEEDHARAN V., THAZTHMOOTHERI HOUSE, GRAMAM
POST, VELIANCODE, MALAPPURAM DISTRICT, PIN- 679579,
REG. NO. 170030985.
8 GIGI GEORGE,
AGED 22 YEARS
WP(C) NO. 16922 OF 2022 2
& CONNECTED CASES
D/O. JESSY GEORGE, VAZHAPPALLY HOUSE, PERAKAM P.O.,
THRISSUR DISTRICT, PIN- 680506, REG. NO. 170030962.
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENT/S:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE
(NCISM)
JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY
ANUSANDHAN BHAVAN, 61- 65, INSTITUTIONAL AREA,
JANAKPURI 'D'. BLOCK, NEW DELHI-110058, REPRESENTED
BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THRISSUR, PIN - 680596.,
REPRESENTED BY ITS REGISTRAR.
3 THE PRINCIPAL,
MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE, MANNAM
SUGAR MILLS P.O., PANDALAM, PATHANAMTHITTA DT., PIN-
689501.
4 THE PRINCIPAL,
VISHNU AYURVEDA COLLEGE, KULAPPULLY, SHORNUR,
PALAKKAD DISTRICT, PIN- 679122.
SRI.P.SREEKUMAR, SC
SRI S MANU, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, ALONG WITH W.P.(C) NOS.17034 OF 2022 AND 17061 OF
2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16922 OF 2022 3
& CONNECTED CASES
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. 17034 OF 2022
PETITIONERS:
1 SABYA VENUGOPAL.,
AGED 24 YEARS
D/O. VEENUGOPAL ACHARY A., MELEKUNNIL PUTHEN VEEDU,
CHATHIYODE, NALAMCHIRA P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN-
695015. REG. NO.170030103.
2 REHNA M.,
AGED 23 YEARS
S/O. M.K.IQBAL, JASEELA MANZIL, NJARAYILKONAM P.O.,
MADAVOOR, TRIVANDRUM DISTRICT, PIN695602, REG. NO.
170030100.
3 KAILASANATH M.,
AGED 24 YEARS
S/O. MADHAVAN M.K., 15, 50A2, ARASUVILA, BACK OF
MUNICIPAL OFFICE, THUCKALAY, KANYAKUMARI DT. PIN-
629175. REG. NO. 170030085.
4 ANN MARY VARGHESE,
AGED 23 YEARS
D/O. VARGHESE K.D, KODAVARAKKARAN HOUSE, POOKODE
P.O., VATTANATHRA, THRISSUR DISTRICT, PIN- 680302,
REG. NO. 170030654.
5 ABIN T.G.,
AGED 24 YEARS
S/O. GOPI T.K., THOPPIL HOUSE, VALLACHIRA P.O.,
THRISSUR DISTRICT, PIN- 680562 REG. NO. 170030613.
6 SURAJ KRISHNA,
AGED 22 YEARS
S/O. KRISHNA KUMAR, RAJAPRABHA, AMBIKAPURAM,
KALPATHY, PALAKKAD DISTRICT, PIN 678011, REG. NO.
170030670.
7 ANUJA REGHU,
AGED 24 YEARS
WP(C) NO. 16922 OF 2022 4
& CONNECTED CASES
D/O. P.N.REGHU, PUTHUPPALLY PADVIL HOUSE,
MANTHURUTHY P.O., NEDUMKUNNAM, KOTTAYAM DISTRICT,
PIN- 686542, REG. NO. 170031015.
8 ATHIRA K.S,
AGED 23 YEARS
D/O. SURESH BABU, KARNAMKOTTU HOUSE, CHIRAMANEGAD
P.O., VELLARKADDU, THRISSUR DISTRICT, PIN- 680584,
REG.NO. 170031042.
9 AGILA MURALI T.P.,
AGED 24 YEARS
D/O. MURALEEDHARAN T.P., THEKKEPUTHAN VEEDU,
KOVILAKAMKUNDU, MANJERI P.O., MALAPPUARAM DT. REG.
NO. 201722109.
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE ,
JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY
ANUSANDHAN BHAVAN 61-65, INSTITUTIONAL AREA,
JANAKPURI 'D' BLOCK, NEW DELHI- 110058, REPRESENTED
BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THRISSUR, PIN - 680596.,
REPRESENTED BY ITS REGISTRAR.
3 THE PRINCIPAL,
GOVERNMENT AYURVEDA COLLEGE, THIRUVANANTHAPURAM PIN-
695001.
4 THE PRINCIPAL,
PNNM AYURVEDA MEDICAL COLLEGE AND HOSPITAL,
CHERUTHURUTHY P.O., THRISSUR, PIN- 679531.
5 THE PRINCIPAL,
AHALIA AYURVEDA MEDICAL COLLEGE, KOZHIPPRA, PALAKKAD
,PIN- 678557.
WP(C) NO. 16922 OF 2022 5
& CONNECTED CASES
SRI P SREEKUMAR, SC,
SRI S MANU, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, ALONG WITH W.P.(C) NOS.16922 OF 2022 AND 17061 OF
2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16922 OF 2022 6
& CONNECTED CASES
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. 17061 OF 2022
PETITIONERS:
1 ANUSREE M.S,
AGED 23 YEARS
D/O. M.M. SASEENDRAN, MANALEL HOUSE, EDAKKANAM P.O,
KEEZHUR, IRITTY, KANNUR DISTRICT,
PIN 670 703, REG. NO. 170031077
2 KHADEEJA ABDUL RAHEEM,
AGED 23 YEARS
D/O. RAHEEM, RAYON, CUSTOMS ROAD, VADAKARA,
KOZHIKODE DISTRICT, PIN 673 103,
REG. NO. 170 030 305.
3 PRAVEEN P,
AGED 22 YEARS
S/O. M.P. PRASAD, MANGALATHU PUTHEN VEEDU,
PAINGAMALA THONNIAMALA P.O, PATHANAMTHITTA DISTRICT,
PIN 689 668, REG. NO. 170030442.
4 LAKSHMITHA RAJ,
AGED 24 YEARS
D/O. V. PREMARAJAN, VALIYAVEETTIL MAKKOOTTOR,
THALASSERY, KANNUR, PIN 670 102, REG. NO. 170030575
5 SHILPA P.J,
AGED 23 YEARS
D/O. GANGADHARAN P, PUTHUVAKKAL HOUSE, JAYANLIWARD,
CHALAD P.O, KANNUR DISTRICT, PIN 670 014, REG.
NO. 170030593
6 FIDHA FATHIMA S.Y,
AGED 23 YEARS
D/O. YOOSUFF, MADATHUKUNUMMAL HOUSE, EKAROOL P.O,
UNNIKULAM, PIN 673 574, KOZHIKODE DISTRICT, REG. NO.
170030213.
7 GREENA G.S,
AGED 24 YEARS
D/O. GOPY A, GREESHMAM, KANUKUMCHERY, KARIYARA P.O,
PUNALUR, KOLLAM DISTRICT, KERALA ,
PIN 691 332, REG. NO. 170030215
8 KHADEEJA FERBIN C.P,
AGED 24 YEARS
WP(C) NO. 16922 OF 2022 7
& CONNECTED CASES
D/O. ABDUL KABEER C.P, CHIRUTHAPARAMBIL HOUSE,
VELLIPARAMBU P.O, CALICUT DISTRICT, PIN 673 008,
REG. NO. 170030902.
9 K. SUSHITHA SUSHEER,
AGED 25 YEARS
S/O. K. SUSHEER, KOLLUNGAL HOUSE, KUNDALIYR P.O,
ENGANDIYUR, THRISSUR DISTRICT, KERALA , PIN
680 616, REG. NO. 170030377.
10 ABHIRAM HARI,
AGED 24 YEARS
S/O. HARIKUMAR P, ABHIRAMAM KAPPIL MAKKE,
KRISHNAPURAM P.O, KAYAMKULAM, ALAPPUZHA DISTRICT,
PIN 690 533, REP.G NO. 170030746
11 VINAYAK ANI,
AGED 23 YEARS
S/O. ANI. V, ANI BHAVANAM, KOOTHIKKADA P.O,
THATTAMALA, KOLLAM, KERALA , PIN 691 020, REG. NO.
170030803.
12 SHAHANA M,
AGED 25 YEARS
D/O. KUNHIMOHAMMED M, MALANGADAN HOUSE, KARAKKUNNU
P.O, SHRPPINKUNNU, MALAPPURAM DISTRICT, PIN 676 123,
REG. NO. 170030902.
13 KISHORE KUMAR POTHUVATH,
AGED 24 YEARS
S/O. POTHUVATH HOUSE, THENNALA P.O, MALAPPURAM
DISTRICT, PIN 676 508, REG. NO. 1700 30840.
14 YOGANAND G,
AGED 23 YEARS
S/O. R. GANESH, HOUSE NO. 48, THOPPIL NAGAR,
KUMARAPURAM, THIRUVANANTHAPURAM, DISTRICT,
PIN 695 011, REG. NO. 170030526
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEMS OF MEDICINE
(NCISM),
JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY,
ANUSANDHAN BHAVAN, 61-65, INSTITUTIONAL AREA,
JANAKPURI 'D' BLOCK, NEW DELHI, 110 058, REPRESENTED
BY ITS SECRETARY.
WP(C) NO. 16922 OF 2022 8
& CONNECTED CASES
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THRISSUR, PIN 680 596,
REPRESENTED BY ITS REGISTRAR.
3 THE PRINCIPAL,
ASHTAMGAM AYURVEDA CHIKITSALAYAM AND VAIDYAPEEDHAM,
VAVANOOR, KOOTTANAD, PALAKKAD DISTRICT, PIN 679 533.
4 THE PRINCIPAL MANNAM AYURVEDA CO-OPERATIVE MEDICAL
COLLEGE,
MANNAM SUGAR MILLS P.O, PANDALAM, KERALA ,
PIN 689 501
5 THE PRINCIPAL, P.N.PANICKER SOUHRUDA AYURVEDA
MEDICAL COLLEGE, PARAKALIL P.O, ANANDASRAM VIA
KANHANGAD, PIN - 671531
6 THE PRINCIPAL, MVR AYURVEDA COLLEGE, PARASSINIKADAVU
P.O, KANNUR DISTRICT, PIN-670 563
7 THE PRINCIPAL, KMCT AYURVEDA MEDICAL COLLEGE,
MAMPATTA, KOOLIMAD, MANASSERY, MUKKOM, KOZHIKODE
DISTRICT, PIN-673 602
8 THE PRINCIPAL, VPSV AYURVEDA COLLEGE, KOTTAKKAL
EDARIKKODE P.O, MALAPURAM DISTRICT, PIN-676 503
9 THE PRINCIPAL, NANGELIL AYURVEDA MEDICAL COLLEGE,
NELLIKKUZHI P.O, PIN - 686691
10 THE PRINCIPAL, SREE NAYARANA INSTITUTE OF AYURVEDIC
SINDA AND RESEARCH KARIMPINPUZHA P.O, PUTHOOR KOLLAM
DISTRICT, PIN-691 507
11 THE PRINCIPAL, VAIDYARATNAM AYURVEDA COLLEGE, OLLUR,
THAIKKATTUSSERY, THRISSUR, PIN-680306
12 THE PRINCIPAL, PANKAJAKASTHURI AYURVEDA MEDICAL
COLLEGE & PG CENTRE, KILL KATTAKADA,
THIRUVANANTHAPURAM DISTRICT, PIN-695572
SRI P SREEKUMAR SC,
SRI S MANU SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, ALONG WITH W.P.(C) NOS.17034 OF 2022 AND 16922 OF
2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16922 OF 2022 9
& CONNECTED CASES
JUDGMENT
The petitioners in these writ petitions are students pursuing their
BAMS course in various colleges which are affiliated to the Kerala University
of Health Sciences, the 2nd respondent herein. They assert that they have
all successfully completed the 1st and 2nd professional examinations.
However, the petitioners have failed to pass certain papers of the 3rd
professional examinations. They 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 in clearing the examination. 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.
2. The petitioners further contend that the regulations issued by
the KUHS conflicts with the Regulations issued by the Indian Medicine
& CONNECTED CASES
Central Council (Minimum standards of Education in Indian Medicine)
Amendment Regulations, 2016, wherein it is stated that a failed student of
3rd professional who has passed all the subjects of the 1st and 2nd
professional examination can be allowed to appear in the final professional
examination. The petitioners contend that, however, in the BAMS course
regulations issued by the 2nd respondent, a copy of which is produced as
Ext.P3, only those students who have passed in the 1st, 2nd and 3rd
professional would be permitted to appear in the final professional
examination. The petitioners rely on a judgment dated 27.09.2018 in W.P.
(C) No.29326 of 2018 wherein this Court held that the Indian Medicine
Central Council (Minimum standards of Education in Indian Medicine)
amendment regulations would prevail over the regulations of the
University. It is on these grounds that the petitioners have approached this
Court seeking the following reliefs:
i) to issue a writ of mandamus or direction, directing the
2nd respondent to permit the petitioners to appear for the Final
Professional BAMS Degree Regular/Supplementary Examinations,
June, 2022.
3. Heard Sri.Sivaji.B.S, the learned counsel appearing for the
petitioners and Sri. P.Sreekumar, the learned Standing Counsel appearing
for the University.
4. Ext.P2 is a copy of the Indian Medical Central Council (Minimum
& CONNECTED CASES
Standards of Education in Indian Medicine) Amendment Regulations, 2016.
Regulation 6 deals with the scheme of examination. Clause 2(c) and clause
3(c) of Regulation 6 is of some relevance and is extracted below for easy
reference.
(2)(c) the failed student of second professional who have
passed all the subjects of first professional examination shall be
allowed to appear in third professional examination, but the student
shall not be allowed to appear in final professional examination unless
the student passes all the subjects of second professional examination
and maximum four chances shall be given to pass second professional
examination within a period of maximum three years.
xxxxx xxxxxx xxxxxx
(3)(c) the failed student of third professional who have passed
all the subjects of first and second professional examinations shall be
allowed to appear in final professional examination and maximum four
chances shall be given to pass third professional examination within a
period of maximum three years.
5. Ext.P3 is the Regulation issued by the KUHS, which provides for
the criteria for promotion to next year. Clause 1.18(c) says that a failed
student of 3rd professional who has passed all the subjects of the 1st and
2nd professional examinations shall be allowed to keep the term of final
professional class and a maximum of four chances shall be given to pass
3rd professional examinations within a period of maximum three years.
6. In the case on hand, the petitioners have asserted that they
& CONNECTED CASES
have passed the 1st and 2nd professional examinations and they have
failed in some of the subjects of the 3rd professional. In that view of the
matter, they are entitled to the benefit of clause 3(c) which says that the
failed student of the 3rd professional who have passed all the subjects of
the 1st and 2nd professional examinations can be allowed to appear in the
final professional examination subject to the condition that maximum four
chances shall be given to pass the 3rd professional examination within a
maximum period of three years as modified from time to time.
7. In view of the discussion above, the petitioners are entitled to
succeed. These writ petitions will stand allowed and the following
directions are issued:
a) The 2nd respondent shall permit the petitioners to
register and appear for the Final Professional BAMS Degree
Regular/Supplementary Examinations, June 2022 notified as per
Ext.P1.
b) The Final Professional results shall be published only after
the petitioners clear all the previous examinations.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
& CONNECTED CASES
APPENDIX OF WP(C) 16922/2022
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE NOTIFICATION
NO.2022/11808/ 1/EX AYS-A1/KUHS DATED
19.04.2022 BY 2ND RESPONDENT.
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF
INDIAN MEDICINE CENTRAL COUNCIL (MINIMUM
STANDARDS OF EDUCATION IN INDIAN
MEDICINE) AMENDMENT REGULATIONS, 2016
PUBLISHED AS PER NOTIFICATION DATED
7.11.2016.
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF
REGULATION ON BAMS COURSE ISSUED BY THE
2ND RESPONDENT UNIVERSITY.
RESPONDENTS' EXHIBITS:
NIL
& CONNECTED CASES
APPENDIX OF WP(C) 17034/2022
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE NOTIFICATION
NO.2022/11808/ 1/EX AYS-A1/KUHS DATED
19.04.2022 BY 2ND RESPONDENT.
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF
INDIAN MEDICINE CENTRAL COUNCIL (MINIMUM
STANDARDS OF EDUCATION IN INDIAN
MEDICINE) AMENDMENT REGULATIONS, 2016
PUBLISHED AS PER NOTIFICATION DATED
7.11.2016
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF
REGULATION ON BAMS COURSE ISSUED BY THE
2ND RESPONDENT UNIVERSITY.
RESPONDENTS' EXHIBITS:
NIL
& CONNECTED CASES
APPENDIX OF WP(C) 17061/2022
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.
2022/11808/1/EX AYS- A1/KUHS DATED
19.04.2022 BY 2ND RESPONDENT.
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF
INDIAN MEDICINE CENTRAL COUNCIL (MINIMUM
STANDARDS OF EDUCATION IN INDIAN
MEDICINE) AMENDMENT REGULATIONS , 2016
PUBLISHED AS PER NOTIFICATION DATED
7.11.2016.
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF
REGULATION ON BAMS COURSE ISSUED BY THE
2ND RESPONDENT UNIVERSITY.
RESPONDENTS' EXHIBIS:
NIL
