Kerala High Court
Ansan A vs The Kerala University Of Health ... on 26 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
W.P.(C) NO.16999 OF 2023
PETITIONERS:
1 ANSAN A., AGED 21 YEARS, S/O.ACHANKUNJU GEORGE,
2ND YEAR MBBS STUDENT, ROLL NO. 202110457, PUSHPAGIRI
MEDICAL COLLEGE, THIRUVALLA-689 105, RESIDING AT
KUTTIPARICHATHIL THEKKETHIL, PUNNAMODU, MAVELIKKARA,
ALAPPUZHA DISTRICT - 690 101.
2 NAVEEN VARGHESE, AGED 23 YEARS, S/O.VARGHESE,
2ND YEAR MBBS STUDENT, ROLL NO.202112928, PUSHPAGIRI
MEDICAL COLLEGE, THIRUVALLA-689 105, RESIDING AT CHRIST
BHAVAN, THUMPOLY P.O, ALAPPUZHA DISTRICT - 688 008.
3 KUNCHERIA JACOB, AGED 21 YEARS, S/O.SUNIL JACOB,
2ND YEAR MBBS STUDENT, ROLL NO.210011997, PUSHPAGIRI
MEDICAL COLLEGE, THIRUVALLA-689 105, RESIDING AT
CHAKKALAYIL, CHAMPAKULAM P.O, ALAPPUZHA DISTRICT-688 505.
4 SONA SUNNY, AGED 21 YEARS, D/O.SUNNY JOHN,
2ND YEAR MBBS STUDENT, ROLL NO.210012037, PUSHPAGIRI
MEDICAL COLLEGE, THIRUVALLA-689 105, RESIDING AT KOIPPURATH
S.S VILLA, NJETTOOR, KULANADA, PATHANAMTHITTA DISTRICT,
PIN-689 503.
5 ATHIL NAZAR, AGED 22 YEARS, S/O.NAZARUDEEN,
2ND YEAR MBBS STUDENT, ROLL NO.202110486, PUSHPAGIRI
MEDICAL COLLEGE, THIRUVALLA-689 105, RESIDING AT
PINARUVILAYIL, PALLISERICKAL, SASTHAMCOTTA P.O,
KOLLAM DISTRICT, PIN - 690 521.
6 RAJESH R., AGED 32 YEARS, S/O.RAMACHANDRAN,
2ND YEAR MBBS STUDENT, ROLL NO.210010626,
GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011,
RESIDING AT KANDASSERIL, KIZHAKETHIL, VADAKKUMTHALA P.O,
KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 680 669,
7 UNNI K., AGED 22 YEARS, S/O.KARIYAN, 2ND YEAR MBBS STUDENT,
ROLL NO.202112928, GOVERNMENT MEDICAL COLLEGE,
THIRUVANANTHAPURAM-695 011, RESIDING AT NAGAMMA HOUSE,
THIRUNNELI P.O, WAYANAD DISTRICT, PIN - 670 646
8 LALITH KUMAR, AGED 24 YEARS, S/O.SURENDER KUMAR,
2ND YEAR MBBS STUDENT, ROLL NO.210010557,
2
W.P.(C) No.16999 of 2023
GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011
RESIDING AT KISHANGARH, REWARI P.O, HARYANA, PIN-123 401
9 ASHISH MEENA, AGED 20 YEARS, S/O.HARKESH MEENA,
2ND YEAR MBBS STUDENT, ROLL NO.210010476,
GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011,
RESIDING AT LALSOT, DAUSA, RAJASTHAN, PIN - 303 503
BY ADV FERHA AZEEZ
RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH AND SCIENCES,
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE CAMPUS,
THRISSUR P.O, THRISSUR DISTRICT, PIN - 680 596
2 THE VICE CHANCELLOR
THE KERALA UNIVERSITY OF HEALTH AND SCIENCES,
MEDICAL COLLEGE CAMPUS, THRISSUR P.O, THRISSUR DISTRICT,
PIN - 680 596
3 THE CONTROLLER OF EXAMINATION,
THE KERALA UNIVERSITY OF HEALTH AND SCIENCES,
MEDICAL COLLEGE CAMPUS, THRISSUR P.O, THRISSUR DISTRICT,
PIN - 680 596
4 THE NATIONAL MEDICAL COMMISSION,
REPRESENTED BY ITS SECRETARY, POCKET-14, SECTION 8,
DWARKA PHASE-1, NEW DELHI, PIN - 110 077
5 THE PRINCIPAL, PUSHPAGIRI MEDICAL COLLEGE,
PUSHPAGIRI MEDICAL COLLEGE HOSPITAL, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689 105
6 THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE,
THIRUVANANTHAPURAM, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 011
BY ADVS.
P.SREEKUMAR
TITUS MANI VETTOM - FOR R4
TONY GEORGE KANNANTHANAM
THOMAS GEORGE(K/000407/1990)
P. SREEKUMAR, STANDING COUNSEL - R1 TO R3
SRI. V.K. SUNIL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P.(C) No.16999 of 2023
JUDGMENT
(Dated: 26th July, 2023)
The petitioners have filed this writ petition seeking the
following reliefs:
(i) To call for the records leading to Ext-P11 and Ext-P12 from
the Respondents and issue Writ of Certiorari or other appropriate Writ,
Order or Direction quashing Ext- P11 and P12 to the extend it denies
the entitlement of the Petitioners to appear for the 1st Year
Professional MBBS Degree Supplementary (SAY) Examinations, May
2023 (2019 Scheme), before taking a decision by the 4th Respondent in
Ext-P9 in compliance of the direction of this Honorable Court in Ext-P10
Judgment.
(ii) To issue a writ of mandamus or other appropriate writ, order
or direction commanding the Respondents to grant eligibility to the
Petitioners to register and appear for the 1st Year Professional MBBS
Degree Supplementary (SAY) Examinations, May 2023 (2019 Scheme)
as per Ext-P11 and P12, taking into consideration of the exceptional
scenario of the factual aspect that the requisite academic sessions
could not be conducted by the Colleges as per Ext.P2 Regulations of 4th
Respondent and Exts-Pl, P4 and P5 Orders of the 1st Respondent
University,
(iii) To declare that the Petitioners are entitled to get grant
eligibility to the Petitioners to register and appear for the 1st Year
Professional MBBS Degree Supplementary (SAY) Examinations, May
2023 (2019 Scheme) as per Ext-P11 and P12, taking into consideration
of the exceptional scenario of the factual aspect that the requisite
academic sessions could not be conducted by the Colleges as per Ext.P2
Regulations of 4th Respondent and Exts-P1, P4 and P5 Orders of the 1st
Respondent University.
W.P.(C) No.16999 of 2023
(iv) To issue a writ of mandamus or other appropriate writ,
order or direction commanding the Respondents to issue direction to
the Principals of the Colleges affiliated to the 1st Respondent University
to collect examination fee from the Petitioners and to forward the
details including internal examination details and attendance, thereby
making the Petitioners eligible to appear for the 1st Year MBBS SAY
Examination, 2023 scheduled to be conducted as per Ext P11 and Ext-
P12 and to extend the last date for registration of the Examination and
further extend the Examination.
(v) To issue a writ of mandamus or other appropriate writ, order
or direction commanding the Respondents to amend Ext-P11 and Ext-
P12 in consonance with the directions in Ext-P10 Judgment of this
Hon'ble Court and grant eligibility to the Petitioners to register and
appear for the 1st Professional MBBS Supplementary Examination,
2023, after attaining pre-requisite internal marks and attendance
taking into consideration of the exceptional scenario of the factual
aspect that the requisite academic sessions could not be conducted by
the Colleges as per Ext.2 Regulations of the 4th Respondent and Exts-
P1, P4 and P5 Orders of the 1st Respondent University
(vi) To dispense with the filing of the translation of vernacular
documents produced along with the above Writ Petition(Civil).
(vii) To issue such other reliefs as this Hon'ble Court may deem
fit and proper in the circumstances of the case.
2. The petitioners are 9 in number and are studying for
MBBS course. They secured admission in February 2022 to the
respective colleges. As per Ext.P2, the examination of the first
professional MBBS (CBME) 2021 admission was tentatively
scheduled for 13.02.2023 and SAY Examination (Supplementary) is
W.P.(C) No.16999 of 2023
to be conducted within three weeks from the date of publication of
the Regular Exam Results.
3. The 4th respondent has introduced a new form of
supplementary examination for the first-year MBBS students who
failed to pass the university examination, whereby they would get
another chance to appear in a supplementary examination after the
results of the regular examinations are published.
On 26.05.2023, this Court passed an interim order directing
the 1st respondent university to accept the examination fee from the
petitioners, and if the fees are paid it was ordered that the
university, as well as the respective colleges, shall forward the
details of the students for the purpose of the examination and the
petitioners be permitted to appear for the examination subject to
the final outcome of the decision to be taken in Ext.P10 judgment.
The counsel for the petitioner submits that the results are not
W.P.(C) No.16999 of 2023
published by the respondents though they were permitted to write
the examinations. The learned counsel for the university submits
that the clarification is issued by the 4 th respondent regarding the
eligibility for appearing in the SAY Examination. In the light of the
clarification issued by the 4th respondent, the first respondent
University will verify the details and publish the results within two
weeks from today.
Recording the said submission, the writ petition is disposed of.
Sd/-
BASANT BALAJI,
JUDGE
ss
W.P.(C) No.16999 of 2023
APPENDIX OF WP(C) 16999/2023
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE CIRCULAR IN THE FILE NO:
NMC/US (NMC)/2022/74/008324 DATED 01/02/2022
ISSUED BY THE 4TH RESPONDENT
Exhibit-P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE
TENTATIVE EXAMINATION CALENDAR 2022-23
ISSUED BY THE 4TH RESPONDENT
Exhibit-P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE
REGULATION ON GRADUATE MEDICAL EDUCATION 2019
ISSUED BY THE 4TH RESPONDENT
Exhibit-P4 A TRUE COPY OF THE CIRCULAR NO:
9552/2018/AC1/MED/B1/KUHS DATED 14/06/2021
ISSUED BY THE 1ST RESPONDENT
Exhibit-P5 THE TRUE COPY OF THE SCHEME OF EXAMINATION
PUBLISHED BY THE 1ST RESPONDENT
Exhibit-P6 THE TRUE COPY OF THE ORDER IN UO NO:
926/2021/ACADEMIC/KUHS DATED 16/11/2021
ISSUED BY THE 1ST RESPONDENT
Exhibit-P7 THE TRUE COPY OF THE JUDGMENT DATED
13/04/2023 IN WP(C) NO. 13749/2023 OF THIS
HON'BLE COURT
Exhibit-P8 THE TRUE COPY OF THE COMMUNICATION NO:
35861/2022/AC1/2/MEDB1/KUHS DATED 04/05/2023
ISSUED BY THE 1ST RESPONDENT TO THE PRINCIPAL
OF ALL MEDICAL COLLEGES AFFILIATED UNDER KUHS
Exhibit-P9 THE TRUE COPY OF THE COMMUNICATION NO:
35861/2022/AC1/MEDB1/KUHS DATED 04/05/2023
ISSUED BY THE 1ST RESPONDENT TO THE 4TH
RESPONDENT
Exhibit-P10 THE TRUE COPY OF THE JUDGMENT DATED
09/05/2023 IN WP (C) NO.15437/2023 OF THIS
HONORABLE COURT
Exhibit-P11 THE TRUE COPY OF THE EXAMINATION NOTIFICATION
NO.2023/15527/1/B1/EXMED/KUHS DATED
11/05/2023 ISSUED BY THE 3RD RESPONDENT
W.P.(C) No.16999 of 2023
Exhibit-P12 THE TRUE COPY OF THE THEORY EXAMINATION TIME
TABLE DATED 17/05/2023 PUBLISHED BY THE 3RD
RESPONDENT
RESPONDENT ANNEXURES:
Annexure R1A A true copy of the judgment dated 20/07/2023
in WP C 16050 of 2023 of the Hon'ble Court
PETITIONER EXHIBITS
Exhibit-P13 A TRUE COPY OF THE INTERIM ORDER DATED 19-
05-2023 IN W.P(C) NO. 16050 OF 2023 OF THIS
HON'BLE COURT
