Kerala High Court
Noubitha Noushad N vs National Commission For Indian ... on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 17231 OF 2023
PETITIONERS:
1 ANJANA.V.V,
AGED 25 YEARS,
D/O. VIJAYAN V.V., VAZHAPPULLY HOUSE, KIZHOOR P.O.,
KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680 523,
REG: NO. 170030474.
2 GEETHU.G.S,
AGED 25 YEARS,
D/O. GOPAN. V., UTHRAMMUNDAYIL HOUSE, VARKALA P.O.,
TRIVANDRUM DISTRICT,PIN - 695 141, REG: NO.170030492.
3 MURALI KRISHNAN.A,
AGED 25 YEARS,
S/O. ANIL KUMAR A., SREEMURALI KG-223, KALPAKA GARDENS,
PAPPANAMCODE, THIRUVANANTHAPURAM DISTRICT,PIN - 695 018,
REG: NO. 170030505.
4 ASHNA JAMES MATHEW,
AGED 24 YEARS,
D/O. MATHEW K.V., KANDATHIPARAMBIL HOUSE, EZHUPUNNA
P.O., ALAPPUZHA DISTRICT, PIN - 688 537, REG: NO.
180030710.
5 NITIKAA SASI NAMBIAR,
AGED 24 YEARS,
D/O. SASI NAMBIAR, SREE MANGALATH MADATH HOSUE,
THEKKEVAVANNOOR, PALAKKAD DISTRICT,PIN - 679 533,
REG: NO. 160031139.
6 KRISHNA R NATH,
AGED 23 YEARS,
D/O. DR. P.M.S. RAVEENDRANATH, POONTHOTTAM MANA,
KULAKKAD P.O., PALAKKAD DISTRICT, PIN - 679 503,
REG: NO. 170031097.
7 GOPIKA SATHYADAS,
AGED 23 YEARS,
D/O. SATHYADAS A.G., AYYAMKULAM HOUSE, NELLOOR P.O.,
CHALAKKUDY, THRISSUR DISTRICT, PIN - 680 311,
REG: NO. 180030815.,
8 GEORGE C. JOY,
AGED 23 YEARS
S/O. JOY C.C., CHELLAMKOTTU HOUSE, MUTHAPPANARKAVU,
KANHANGAD SOUTH P.O., KASARAGOD DISTRICT, PIN - 671 315,
REG: NO. 180030783.
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
2
9 VAZNA.P.H
AGED 24 YEARS
D/O. HABEEB P.H., PUNJAPPADATH HOUSE, KARA P.O.
KODUNGALLOOR THRISSUR DISTRICT, PIN - 680 671,
REG: NO. 180030056.
10 SHEEMA SUBHASH,
AGED 22 YEARS,
D/O.SUBHASH CHANDRA BOSE K., SYAMAM, EAST SIDE
OF RAILWAY STATION, KANNAPURAM ,CHERUKUNNU P.O.,
KANNUR DISTRICT,PIN - 670 301, REG:
NO.180030052.
11 CATHERIN THOMAS,
AGED 24 YEARS
D/O. THOMAS A.J., CHUNGATH HOUSE, PUDHURKKARA,
AYYANTHOLE P.O., THRISSUR DISTRICT,
PIN - 680 003,REG: NO. 170031043.
12 HRISHIKA.C.PUTHENVILAYIL,
AGED 24 YEARS
D/O. CHANDRASEKHARAN, POOVANNUVILAYIL HOUSE,
PARAKKARA P.O., THATTA, ADOOR, PATHANAMTHITTA
DISTRICT,PIN - 691 525, REG: NO. 180030851.
13 T.A.AMINA,
AGED 23 YEARS,
D/O. T.M. ABDUL VAHAAB, THOTTATHIL KOTTAPPURATH
HOUSE, CHALAKKAL, MARAMPILLY P.O., ALUVA,
ERNAKULAM DISTRICT,PIN - 683 105,
REG: NO. 180030411.
14 JUMAINA SHERIN.K.V,
AGED 24 YEARS,
D/O. KUNHALANKUTTY K.V.,KAITHAVALAPPIL HOUSE,
VILLOOR, VATTAPPARA, INDIANOOR P.O., KOTTAKKAL,
MALAPPURAM DISTRICT, PIN - 676 503,
REG: NO. 180030664.
15 ARUN.S,
AGED 25 YEARS,
S/O. B. SURENDRAN, SHALOM HOUSE, PANTHALACODE
P.O., VATTAPAPRA, THIRUVANANTHAPURAM DISTRICT,
PIN - 695 028, REG: NO. 160030944.
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
3
RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF
MEDICINE,
JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AYAM
HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D' BLOCK, NEW
DELHI - 110 058, REPRESENTED BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU,
THRISSUR, PIN - 680 596.
3 THE PRINCIPAL,
PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE & PG
CENTRE, KILL KATTAKADA, THIRUVANANTHAPURAM
DISTRICT, PIN - 695 572.
4 THE PRINCIPAL,
ASHTAMGAM AYURVEDA CHIKITSALAYAM &
VAIDYAPEEDHAM, VAVANOOR, KOOTTANAND, PALAKKAD
DISTRICT, PIN - 679 533.
5 THE PRINCIPAL,
P.N. PANICKER SOUHRUDA AYURVEDA MEDICAL COLLEGE,
PARAKALIL P.O., ANANDASRAM VIA KANHANGAD,
KANNUR DISTRICT, PIN - 671 531.
6 THE PRINCIPAL,
GOVERNMENT AYURVEDA COLLEGE, MEDICAL COLLEGE
P.O, PARIYARAM, KANNUR DISTRICT, PIN - 670 503.
7 THE PRINCIPAL,
AHALIA AYURVEDA MEDICAL COLLEGE, KOZHIPPRA,
PALAKKAD, PIN - 678 557.
8 THE PRINCIPAL,
NANGELIL AYURVEDA MEDICAL COLLEGE,
KOTHAMANGALAM, ERNAKULAM, PIN - 686 691.
9 THE PRINCIPAL,
VAIDYARATNAM P.S VARIER AYURVEDA COLLEGE
EDARIKODE P.O, KOTTAKAL, MALAPURAM DISTRICT,
PIN - 676 501.
10 THE PRINCIPAL
SANTHIGIRI AYURVEDA MEDICAL COLLEGE, OLASSERY
P.O., KODUMBU, PALAKKAD., PIN - 678 551.
BY ADV P.SREEKUMAR, SC
SRI.S.MNU, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, ALONG WITH WP(C).17239/2023,
22699/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 17239 OF 2023
PETITIONERS:
1 NOUBITHA NOUSHAD N.,
AGED 24 YEARS,
D/O. NOUSHAD N., PADINJHARE MANAVEETTIL,
CHALILTHAZHAM, KIZHAKKUMMURI P.O., KAKKODI,
KOZHIKODE DISTRICT,
PIN - 673611, REG: NO. 180031079.
2 SANDRA A,
AGED 22 YEARS,
D/O. CHANDRA BABU A, ANOTH HOUSE, KEEZHATTUUR,
KUTTIKOL P.O., THALIPPARAMBA, KANNUR DISTRICT,
PIN - 670562,REG: NO. 180031102.
3 THAFSEERA P.P,
AGED 24 YEARS,
D/O. RAFEEQUE C., THAHIRA'S KOLAPPA IRIKKUR
P.O., KANNUR DISTRICT, PIN - 670 593,
REG: NO. 180031091.
4 FATHIMATHUL HUDAIFATH K.P.,
AGED 25 YEARS,
D/O. MOHAMMED SHARIF K.T., KOYAKKARA
PUTHIYAPURAYIL, MATTOOL P.O., KANNUR DISTRICT,
PIN - 670 302,REG: NO. 160030438.
5 SURABHI SUGATHAN,
AGED 24 YEARS,
D/O. SUGATHAN K.,KARTHIKA, PALATHAYI,
KADAVATHOOR P.O. KANNUR DT, PIN - 670 676,
REG: NO.170030598.
6 AKHILA JAYAPRAKASH,
AGED 24 YEARS,
D/O. JAYAPRAKASAN K., "THIRUVATHIRA" KEETHALA,
MAVINCHERI, KUTTIYERI P.O., THALIPPARAMBA (VIA),
KANNUR DT, PIN - 670 142, REG: NO.170030546.
7 ATHULYA PONNAN,
AGED 25 YEARS,
D/O. A.M. MOHAN, AMBAKKERIL HOUSEM, VADAYAR
P.O., THALAYOLAPARAMBU, VAIKOM, KOTTAYAM DT.
PIN- 686 605,REG: NO.180030840.
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
8 K.S. KRISHNANATHAN,
AGED 25 YEARS,
S/O. SACHIDANANDAN K.P., KAREKKAT HOUSE,
LOKAMALESWARAM, KODUNGALLOOR, THRISSUR,
PIN - 680 664, REG: NO. 180030857.
9 ANUPRIYA C.K,
AGED 24 YEARS,
D/O. ANIL KUMAR C.K., ANAND BHAVAN,
EDAYILPEEDIKA, PARAL P.O., THALASSERY,
KANNUR DISTRICT, PIN - 670671, REG:
NO.170031016.
10 AKSHAYA MARY JOY,
AGED 25 YEARS,
D/O. K.J.JOY, KONIKKARA HOUSE, VADAKKENCHERRY
P.O., PALAKKAD DISTRICT,PIN - 678 683, REG:
NO.170031036.
11 GOPIKA S DEV,
AGED 26 YEARS,
D/O. A SUDEVAN, AVITTOM, KALPAKA GARDENS,
PAPPANAMCODE P.O., THIRUVANANTHAPURAM
DISTRICT,PIN - 695 018,REG: NO. 180030534.
12 AMEENA SHAHAR,
AGED 24 YEARS,
D/O. SHAHAR, UPPADATHU VELIYIL HOUSE, VENAD
NAGAR - 95, KILIKOLLOOR P.O., KOLLAM DISTRICT,
PIN - 691 004,REG: NO. 18030512.
13 ALEENA BEEGAM,
AGED 25 YEARS,
D/O. MANJU N., BIJU VILLA, CANTONMENT NORTH,
CHINNAKADA NAGAR - 80 KOLLAM DISTRICT,
PIN - 691 001,
REG: NO.180030555.
14 ARYA KRISHNAN,
AGED 24 YEARS,
D/O. KRISHANAN P.C., PAIKKADAN HOUSE, MANJAPRA
P.O., MANJAPRA, ANGAMALY, ERNAKULAM DISTRICT,
PIN - 683 582,REG: NO. 180030376.
15 ABIN JOSE,
AGED 24 YEARS,
S/O. JOSE M.S., MACHIYANICKAL HOUSE, MULAKUVALLY
P.O., IDUKKI DISTRICT, PIN - 685 602,
REG: NO. 180030362.
16 NAYANA M.S,
AGED 25 YEARS,
D/O. MADHANAN, SUJA BHAVAN, VAVANIKONAM,
KUTTIANI VATTAPPARA P.O., THIRUVANANTHAPURAM
DISTRICT, PIN - 695 028, REG: NO. 180030400.
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
17 UMADEVI M.C,
AGED 24 YEARS,
D/O. VENUGOPAL V., MANDODICHACHIL HOUSE,
KALPATHUR, MAPPAYUR, KOZHIKODE DISTRICT,
PIN - 673 524,REG: NO. 170031123.
18 MAMATHA MURALEEDHARAN,
AGED 24 YEARS,
D/O. MURALEEDHARAN K.P, JYOTHIS, PERUMUDIYOOR
P.O., PATTAMBI, PALAKKAD, PIN - 679 303,
REG: NO. 170031100.
19 GOUTHAM G. NAIR,
AGED 23 YEARS,
S/O. G. GOPALAKRISHNAN NAIR, UTHRAM KUZHIVILLA,
PERUMPAZHUTHOOR P.O., THIRUVANANTHAPURAM
DISTRICT, PIN - 695 126, REG: NO.180031139.
20 SANKAR DAS K.U,
AGED 24 YEARS,
S/O. UNNIKRISHNAN, KUNNAMPILLY HOUSE, NAYATHODE
P.O., ANGAMALY, ERNAKULAM DISTRICT,
PIN - 683572,REG: NO. 180031166.
21 ARSHINA K.K,
AGED 24 YEARS,
D/O. ALI, K.K., KOYILOTHAN KANDY HOUSE,
BHOOMIVVATHUKKAL P.O., KUTTHERI, KOZHIKODE
DISTRICT, PIN - 673 517,
REG: NO. 180031056.
22 ABIYA BABY,
AGED 24 YEARS,
D/O. BABY PAUL, MURLGATHERY HOUSE, KUNDUKADAV
P.O., CHENGALOOR, PUDUKKAD, THRISSUR DISTRICT,
PIN - 680 312, REG: NO. 180030810.
23 HARIPRIYA C,
AGED 25 YEARS,
D/O. SUNIL KUMAR C. CHERAT HOUSE,
HARICHANDHANAM, EDACHIRA, KADALUNDI P.O.,
KOZHIKODE DISTRICT, PIN - 673 302,
REG: NO. 180030029.
24 ANEESHA P,
AGED 23 YEARS,
D/O. MINI O.N., PAMBADI HOUSE, MUNDENGARA,
EDAVANNA P.O., MALAPPURAM DISTRICT,
PIN - 676 541, REG: NO. 180030641.
25 PRACILA C JUSTIN,
AGED 24 YEARS,
D/O. JUSTIN JOSEPH, ARA 104 A AMMA RESIDENCE
PALKULANGARA, THIRUVANANTHAPURAM DT.,
PIN - 695 024,REG: NO. 180030737.
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF
MEDICINE,
JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AYAM
HOMEOPATHY ANUSANDHAN BHAVAN, 61-65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK, NEW
DELHI - 110 058,
REPRESENTED BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU,
THRISSUR, PIN - 680 596.
3 THE PRINCIPAL,
MVR AYURVEDA COLLEGE, PARASSINIKADAVU, P.O.
KANNUR DISTRICT, PIN - 670 563.
4 THE PRINCIPAL,
AHALIA AYURVEDA MEDICAL COLLEGE, KOZHIPPRA,
PALAKKAD, PIN - 678 557.
5 THE PRINCIPAL,
SREE NAYARANA INSTITUTE OF AYURVEDIC SINDA AND
RESEARCH, KARIMPINPUZHA P.O., PUTHOOR, KOLLAM
DISTRICT, PIN - 691 507.
6 THE PRINCIPAL,
NANGELIL AYURVEDA MEDICAL COLLEGE,
KOTHAMANGALAM, ERNAKULAM, PIN - 686 691.
7 THE PRINCIPAL
ASHTAMGAM AYURVEDA CHIKITSALAYAM &
VAIDYAPEEDHAM, VAVANOOR, KOOTTANAND,
PALAKKAD DISTRICT, PIN - 679 533.
8 THE PRINCIPAL,
SANTHIGIRI AYURVEDA MEDICAL COLLEGE, OLASSERY
P.O., KODUMBU, PALAKKAD, PIN - 678 551.
9 THE PRINCIPAL
VISHNU AYURVEDA COLLEGE, KULAPPULLY, SHORNUR,
PALAKKAD DISTRICT, PIN - 679122.
10 THE PRINCIPAL,
P.N. PANICKER SOUHRUDA AYURVEDA MEDICAL COLLEGE,
PARAKALIL P.O., ANANDASRAM VIA KANHANGAD, KANNUR
DT., PIN - 671 531.
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
11 THE PRINCIPAL,
GOVERNMENT AYURVEDA COLLEGE, MEDICAL COLLEGE
P.O, PARIYARAM, KANNUR DISTRICT, PIN - 670 503.
12 THE PRINCIPAL,
VAIDYARATNAM P.S VARIER AYURVEDA COLLEGE
EDARIKODE P.O, KOTTAKAL, MALAPURAM DISTRICT,
PIN - 676 501
13 THE PRINCIPAL,
PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE & PG
CENTRE, KILL KATTAKADA, THIRUVANANTHAPURAM
DISTRICT, PIN - 695 572.
ADV.S. MANU SC -NCISM,
ADV. P. SREEKUMAR. SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, ALONG WITH WP(C).17231/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 22699 OF 2023
PETITIONERS:
1 ANJANA V.V
AGED 25 YEARS
D/O. VIJAYAN V.V., VAZHAPPULLY HOUSE, KIZHOOR
P.O., KUNNAMKULAM, THRISSUR DISTRICT,
PIN - 680523, REG: NO. 170030474.
2 GEETHU G.S,
AGED 25 YEARS
D/O. GOPAN. V., UTHRAM MUNDAYIL HOUSE, VARKALA
P.O., TRIVANDRUM DISTRICT, PIN - 695141,
REG: NO.170030492.
3 MURALI KRISHNAN. A.,
AGED 25 YEARS,
S/O. ANIL KUMAR A., SREEMURALI KG-223, KALPAKA
GARDENS, PAPPANAMCODE, THIRUVANANTHAPURAM
DISTRICT, PIN - 695018, REG: NO. 170030505.
4 ASHNA JAMES MATHEW,
AGED 24 YEARS,
D/O. MATHEW K.V., KANDATHIPARAMBIL HOUSE,
EZHUPUNNA P.O., ALAPPUZHA DISTRICT,PIN - 688537,
REG: NO. 180030710.
5 NITIKAA SASI NAMBIAR,
AGED 24 YEARS,
D/O. SASI NAMBIAR, SREE MANGALATH MADATH HOSUE,
THEKKEVAVANNOOR, PALAKKAD DISTRICT,PIN - 679533,
REG: NO. 160031139.
6 KRISHNA R NATH,
AGED 23 YEARS,
D/O. DR. P.M.S. RAVEENDRANATH, POONTHOTTAM MANA,
KULAKKAD P.O., PALAKKAD DISTRICT,PIN - 679503,
REG: NO. 170031097.
7 CATHERIN THOMAS,
AGED 24 YEARS,
D/O. THOMAS A.J., CHUNGATH HOUSE, PUDHURKKARA,
AYYANTHOLE P.O., THRISSUR DISTRICT,PIN - 680003,
REG: NO. 170031043.
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF
MEDICINE,
JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AYAM
HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI - 110 058, REPRESENTED BY ITS
SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU,
THRISSUR, PIN - 680 596.
3 THE PRINCIPAL
PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE & PG
CENTRE, KILL KATTAKADA, THIRUVANANTHAPURAM
DISTRICT, PIN - 695 572.
4 THE PRINCIPAL,
ASHTAMGAM AYURVEDA CHIKITSALAYAM &
VAIDYAPEEDHAM, VAVANOOR, KOOTTANAND, PALAKKAD
DISTRICT, PIN - 679 533.
5 THE PRINCIPAL,
AHALIA AYURVEDA MEDICAL COLLEGE, KOZHIPPRA,
PALAKKAD, PIN - 678 557.
ADV.S. MANU SC -NCISM,
ADV. P. SREEKUMAR. SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, ALONG WITH WP(C).17231/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 22777 OF 2023
PETITIONERS:
1 SANDRA.A
AGED 22 YEARS
D/O. CHANDRA BABU A, ANOTH HOUSE, KEEZHATTUUR,
KUTTIKOL P.O., THALIPPARAMBA, KANNUR
DISTRICT,PIN - 670 562, REG: NO. 180031102.
2 SURABHI SUGATHAN,
AGED 24 YEARS
D/O. SUGATHAN K.,KARTHIKA, PALATHAYI ,
KADAVATHOOR P.O. KANNUR DT, PIN - 670676,
REG: NO.170030598.
3 AKSHAYA MARY JOY,
AGED 25 YEARS,
D/O. K.J.JOY, KONIKKARA HOUSE, VADAKKENCHERRY
P.O., PALAKKAD DISTRICT,PIN - 678 683,
REG: NO.170031036.
4 AMEENA SHAHAR,
AGED 24 YEARS,
D/O. SHAHAR, UPPADATHU VELIYIL HOUSE, VENAD
NAGAR - 95, KILIKOLLOOR P.O., KOLLAM DISTRICT,
PIN - 691 004, REG: NO. 18030512.
5 ALEENA BEEGAM,
AGED 25 YEARS.
D/O. MANJU N., BIJU VILLA, CANTONMENT NORTH,
CHINNAKADA NAGAR- 80 KOLLAM DISTRICT,
PIN - 691001, REG: NO.180030555.
6 NAYANA M.S,
AGED 25 YEARS,
D/O. MADHANAN, SUJA BHAVAN, VAVANIKONAM,
KUTTIANI VATTAPPARA P.O., THIRUVANANTHAPURAM
DISTRICT, PIN - 695028, REG: NO. 180030400.
7 UMADEVI M.C,
AGED 24 YEARS,
D/O. VENUGOPAL V., MANDODICHACHIL HOUSE,
KALPATHUR, MAPPAYUR, KOZHIKODE DISTRICT,
PIN - 673524, REG: NO. 170031123.
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
8 MAMATHA MURALEEDHARAN,
AGED 24 YEARS,
D/O. MURALEEDHARAN K.P., JYOTHIS, PERUMUDIYOOR
P.O., PATTAMBI, PALAKKAD, PIN - 679 303,
REG: NO. 170031100.
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 - 110 058 , REPRESENTED BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU,
THRISSUR, PIN - 680 596.
3 THE PRINCIPAL
MVR AYURVEDA COLLEGE, PARASSINIKADAVU, P.O.
KANNUR DISTRICT, PIN - 670 563.
4 THE PRINCIPAL,
AHALIA AYURVEDA MEDICAL COLLEGE, KOZHIPPRA,
PALAKKAD, PIN - 678557
5 THE PRINCIPAL
SREE NAYARANA INSTITUTE OF AYURVEDIC STUDIES AND
RESEARCH, KARIMPINPUZHA P.O., PUTHOOR, KOLLAM
DISTRICT, PIN - 691 513.
6 THE PRINCIPAL,
NANGELIL AYURVEDA MEDICAL COLLEGE,
KOTHAMANGALAM, ERNAKULAM, PIN - 686 691.
7 THE PRINCIPAL
ASHTAMGAM AYURVEDA CHIKITSALAYAM &
VAIDYAPEEDHAM, VAVANOOR, KOOTTANAND, PALAKKAD
DISTRICT, PIN - 679 533.
ADV.S. MANU, SC-NCISM,
AD. P.SREEKUMAR. SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, ALONG WITH WP(C).17231/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 22780 OF 2023
PETITIONERS:
1 ADWAITHA.R,
AGED 23 YEARS,
D/O. RAJEEV S (LATE), ADWAITHAM, PANDAMANGALAM,
KOTTAKKAL P.O., MALAPPURAM DISTRICT,
PIN - 676503, REG: NO. 170030877.
2 ALFA BISMI,
AGED 24 YEARS,
D/O. SALEEM, RAHMATH MANZIL, PALAM P.O.,
NARIKKUNI, KOZHIKODE DISTRICT, PIN - 673 001,
REG: NO. 170030054.
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF
MEDICINE,
JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AYAM
HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI - 110058, REPRESENTED BY ITS
SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU,
THRISSUR, PIN - 680 596.
3 THE PRINCIPAL,
VPSV AYURVEDA COLLEGE, KOTTAKKAL
EDARIKKODE P.O., MALAPURAM DISTRICT,
PIN - 676 503.
4 THE PRINCIPAL,
GOVERNMENT AYURVEDA COLLEGE, AYURVEDA COLLEGE
JUNCTION, M.G.ROAD, THIRUVANANTHAPURAM,
PIN - 695 001.
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
ADV.S. MANU SC -NCISM,
ADV. P. SREEKUMAR. SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, ALONG WITH WP(C).17231/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 22918 OF 2023
PETITIONERS:
ARSHINA,
AGED 25 YEARS,
D/O.MOHAMMED RAFICK.V.P, VALAYATH PULAKKAL
HOUSE, KIZHAYUR.P.O,PATTAMBI,PALAKKAD DISTRICT,
PIN - 679303, REG: NO. 170030945.
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF
MEDICINE,
JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AYAM
HOMEOPATHY ANUSANDHAN BHAVAN, 61-65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI - 110 058,
REPRESENTED BY ITS SECRETARY.
2 KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU,
THRISSUR, PIN - 680 596.
3 THE PRINCIPAL,
VISHNU AYURVEDA COLLEGE, KULAPPULLY, SHORNUR,
PALAKKAD DISTRICT, PIN - 679 122.
ADV. S. MANU. SC-NCISM,
ADV. P. SREEKUMAR. SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, ALONG WITH WP(C).17231/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
JUDGMENT
[WP(C) Nos.17231/2023, 17239/2023, 22699/2023, 22777/2023,
22780/2023 & 22918/2023]
The petitioners in these cases are students of the B.A.M.S
course in various colleges, that are arrayed as respondents in these
writ petitions. They had approached this Court being aggrieved by
the fact that they were not being permitted to appear for the final
year B.A.M.S examinations on the ground that they have not
cleared all the papers in the 2nd year professional examinations.
This Court through an interim order had permitted the petitioners
in these cases to provisionally appear for the final year
examinations since it was submitted before this Court that the
petitioners have already appeared in the supplementary
examinations for the 2nd year and the results of those examinations
are awaited.
2. When these matters are taken up for consideration
today, it is the submission of the learned counsel appearing for the
petitioners in these cases that the results of the 2nd year
supplementary examinations have been announced and while
several petitioners have again failed to clear the examinations,
some among them have secured pass mark.
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
3. The learned counsel appearing for the University would
submit that in respect of students who have cleared the
supplementary examinations, the results of the final year
examinations can be announced. However, it is submitted that in
respect of those who had not cleared the 2 nd year professional
examinations, the results of the final year examinations cannot be
announced as it is clear from the regulations that only those
students who successfully complete both the 1st and 2nd year
professional examinations can sit for the final year examinations.
4. The learned counsel appearing for the National
Commission for Indian System of Medicine would submit that
those who had not cleared the 1st and 2nd year professional
examinations could not have taken the final year examinations and
such students who had taken part in the final year examinations
pursuant to the interim orders of this Court cannot have their
results declared.
5. Having regard to the submissions made by the learned
counsel appearing for the petitioners and the learned counsel
appearing for the University and the learned counsel appearing for
the National Commission for Indian System of Medicine, I am of
the opinion that these writ petitions can be disposed of directing
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
that the results of the final year examinations undertaken by the
petitioners in these cases pursuant to orders issued by this Court
need not be declared if they have not cleared all the previous
examinations in terms of the regulations. In respect of those
students who have cleared all the examinations which have to be
cleared to be able to write the final examinations, the results of the
final examination taken under order of this Court may be cleared.
It is made clear that in respect of students who have failed to clear
the examinations, as above, the registration for the final year
examinations will stand cancelled.
These writ petitions will stand disposed of as above.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
APPENDIX OF WP(C) 17239/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE NOTIFICATION
NO.2023/12233/1/EX AYS-A4 (KUHS) DATED
19.04.2023 BY THE 2ND RESPONDENT.
Exhibit P-2 TRUE COPY OF THE RELEVANT PAGES OF THE
INDIAN MEDICINE CENTRAL COUNCIL
(MINIMUM STANDARDS OF EDUCATION IN
INDIAN MEDICINE) AMENDMENT REGULATIONS,
2016 PUBLISHED AS PER NOTIFICATION
DATED 07.11.2016
Exhibit P-3 TRUE COPY OF THE RELEVANT PAGES OF THE
BAMS COURSE REGULATION ISSUED BY THE
2ND RESPONDENT
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
APPENDIX OF WP(C) 22699/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COY OF THE INTERIM ORDER DATED
31.05.2023 IN W.P(C) NO.17231 OF 2023
Exhibit P-2 TRUE COPY OF THE PROCEEDINGS NO.
2023/18766/1/A4/EXAM-AYUSH/KUHS DATED
07.07.2023 ISSUED BY THE 2ND
RESPONDENT
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
APPENDIX OF WP(C) 22777/2023
PETITIONER EXHIBITS
Exhibit P- 1 TRUE COPY OF THE INTERIM ORDER DATED
31.05.2023 IN W.P(C) NO.17239 OF 2023
Exhibit P-2 TRUE COPY OF THE PROCEEDINGS NO.
2023/18766/1/A4/EXAM-AYUSH/KUHS DATED
07.07.2023 ISSUED BY THE 2ND
RESPONDENT
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
APPENDIX OF WP(C) 22780/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE INTERIM ORDER DATED
02.06.2023 IN W.P(C) NO.17930 OF 2023
Exhibit P-2 TRUE COPY OF THE PROCEEDINGS NO.
2023/18766/1/A4/EXAM-AYUSH/KUHS DATED
07.07.2023 ISSUED BY THE 2ND
RESPONDENT
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
APPENDIX OF WP(C) 22918/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE INTERIM ORDER DATED
05.06.2023 IN W.P(C) NO.18145 OF 2023
Exhibit P- 2 TRUE COPY OF THE PROCEEDINGS NO.
2023/18766/1/A4/EXAM-AYUSH/KUHS DATED
07.07.2023 ISSUED BY THE 2ND
RESPONDENT
WP(C) NO. 17231 OF 2023 AND CONNECTED CASES
APPENDIX OF WP(C) 17231/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION
NO.2023/12233/1/EX AYS-A4 (KUHS) DATED
19.04.2023 BY THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE
INDIAN MEDICINE CENTRAL COUNCIL
(MINIMUM STANDARDS OF EDUCATION IN
INDIAN MEDICINE) AMENDMENT REGULATIONS,
2016 PUBLISHED AS PER NOTIFICATION
DATED 07.11.2016
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE
BAMS COURSE REGULATION ISSUED BY THE
2ND RESPONDENT
