Jishnu Krishna Menon vs Kerala University Of Health ...
2023 Latest Caselaw 9355 Ker

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WPC 28553/23


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MR.JUSTICE BASANT BALAJI
         FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                          WP(C) NO. 28552 OF 2023
PETITIONER/S:
           JISHNU KRISHNA MENON,AGED 25 YEARS,S/O. KRISHNAKUMAR.K,
           KANNAMATHU VEEDU, SOORANAD NORTH, ANAYADI.P.O, KOLLAM
           DISTRICT, REG. NO. 170040025, PIN - 690561

               BY ADVS.
               B.S.SIVAJI
               DHANYA SREENIVASAN


RESPONDENT/S:
     1     KERALA UNIVERSITY OF HEALTH SCIENCESMULANKUNNATHUKAVU
           P.O., THRISSUR DISTRICT, REPRESENTED BY ITS REGISTRAR.,
           PIN - 680596

     2         THE CONTROLLER OF EXAMINATIONSKERALA UNIVERSITY OF
               HEALTH SCIENCES, MULANKUNNATHUKAVU P.O., THRISSUR
               DISTRICT, PIN - 680596

     3         THE PRINCIPALANSS HOMEOPATHIC MEDICAL COLLEGE, KURICHY,
               KOTTAYAM DISTRICT, PIN - 686532

     4         NATIONAL COMMISSION FOR HOMOEOPATHY61-65,INSTITUTIOINAL
               AREA, OPPOSITE 'D' BLOCK, JANAK PURI, NEW DELHI -
               REPRESENTED BY ITS SECRETARY, PIN - 110058


OTHER PRESENT:
           SURIN GOERGE, IPE - R1 TO R3


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 28553/23


                              JUDGMENT

(Dated this the 25th day of August 2023)

The petitioner is a student of BHMS degree course in the

3rd respondent college. He got admission in 2017. He has

successfully completed the first professional BHMS degree

examination, but failed for two subjects (pathology and Forensic

Medicines) in the 2nd BHMS degree examination. He has

availed maximum chances for writing the said 2 subjects. The

total duration of the course is 4 and half years plus one year

internship.

2. As per the BHMS course Regulations, students

shall complete the course including passing the examination in

all subjects and complete the compulsory internship training

within a period of eleven years. The petitioner could not

complete it within the said period and therefore, the petitioner

submitted a request before the 1st respondent seeking a mercy

WPC 28553/23

chance to appear for 2nd Professional BHMS supplementary

examination to be held in September 2023.

3. The said request was returned by the 1st respondent

with the direction to approach the 4th respondent. The petitioner

therefore requested the 4th respondent through Ext.P2 to grant

one additional chance/mercy chance to write the failed subjects

of the 2nd Professional BHMS Examination. As per Ext.P3,

exam notification dated 5.8.2023 is published by which the

supplementary exam is to start from 11th September 2023. The

petitioner relies on Ext.P4 order of the Academic section dated

22.3.2022 which permits 3 extra chances over and above

including mercy chance as one time for students to complete the

course during the period considering the covid 19 pandemic

situation. The limited prayer of the petitioner is that Ext.P2 may

be directed to be disposed of by the 4th respondent. From Ext.P3

it can be seen that the examination is scheduled to commence

from 5.8.2023 and the examination in which the petitioner

WPC 28553/23

appears is scheduled to be conducted on 11.9.2023. Therefore,

there will be a direction to respondent Nos.1 to 3 to permit the

petitioner to appear for the examination to be conducted from

5.8.2023. It is also made clear that the result in the

supplementary examination of the petitioner shall be based on

the results of Ext.P2 to be passed by the 4th respondent.

The Writ Petition is disposed of with the above

directions.

Sd/-

BASANT BALAJI, JUDGE dl/

WPC 28553/23

APPENDIX OF WP(C) 28552/2023 PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE PROCEEDINGS NO.

20497/2023/A3/EXAM AYUSH/KUHS DATED 27.7.2023 ISSUED BY THE 2ND RESPONDENT

Exhibit P-2 TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 4TH RESPONDENT THROUGH EMAIL ON 11.08.2023

Exhibit P-3 TRUE COPY OF THE EXAM NOTIFICATION NO.26369/2023/A-3/EXAM AYUSH/KUHS DATED 05.08.2023

Exhibit P-4 TRUE COPY OF THORDER NO.

U.O.NO.284/2022/ACADEMIC /KUHS DATED 22/03/2022, ISSUED BY THE 1ST RESPONDENT

Exhibit P-5 TRUE COPY OF THE LETTER NO.8365 /2022/A3/EXAM-AYUSH/KUHS DATED 24/03/2022 BY THE 2ND RESPONDENT