Kerala High Court
Binziya vs National Commission For Indian ... on 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
WP(C) NO. 29919 OF 2023
PETITIONERS:
1 BINZIYA
AGED 24 YEARS
D/O. SHARAFUDHEEN K., KODASSERY HOUSE, THEKKUMURI,
THIROOR, MALAPPURAM DISTRICT,. REG: NO. 180030911,
PIN - 676105.
2 ANLET JASMINE
AGED 23 YEARS
D/O. THAMPI RAJ, TC 14/1558, MASHA DALE,
AMITHA SANKAR ROAD, KANNAMMOOLA, THIRUVANANTHAPURAM
DISTRICT, REG:NO.180030904, PIN - 695011.
3 NITHA NOURIN.K
AGED 24 YEARS
D/O. KABEER K.T., KALODATH HOUSE, KARIMBUMEL,
PANAMARAM P.O., WAYANAD DISTRICT. REG: NO. 180030402,
PIN - 670721.
4 JOSHINA MARIYA JOHN
AGED 24 YEARS,
D/O. JOHN VARGHESE, VAZHAYIL HOUSE, WARIUMPARAMBU,
ANAPUZHA P.O., KODUNGALLUR, THRISSUR DISTRICT,
REG: NO. 201821414, PIN - 680667.
5 FATHIMA JEBIN.V.J
AGED 22 YEARS
D/O. JABAR V.A., VETTAKKARAKANDY HOUSE, KATTIPARA P.O.,
THAMARASSERY (VIA), KOZHIKODE DISTRICT,
REG: NO. 180031064, PIN - 673573.
6 FAHANA.A.P
AGED 24 YEARS
D/O. ABDUL ALI A.P., EARIKKUNNAN PALATHMOOLAYIL HOUSE,
NELLIKKUTH P.O., MANJERI (VIA) MALAPPURAM DISTRICT,
REG: NO. 180031063, PIN - 676122.
7 GOUTHAM KRISHNA.G.S
AGED 25 YEARS
S/O. GOPAKUMAR, KRISHNA NANDHANAM, MEENADU, NEDUNGOLAM
P.O., KOLLAM DISTRICT, REG: NO. 180030560., PIN - 691301.
8 PRANAV RAJ
AGED 25 YEARS
S/O. RAJAN P.T., PARAYIL HOUSE, KALATHOOR P.O.,
WP(C) NO. 29919 OF 2023 & Conn.Cases
2
KOTTAYAM DISTRICT, REG: NO. 180030544, PIN - 686633.
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE,
JAWAHARLAL 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 - 680596.
3 THE PRINCIPAL
ASHTAMGAM AYURVEDA CHIKITSALAYAM & VAIDYAPEEDHAM,
VAVANOOR, KOOTTANAND, PALAKKAD DISTRICT,
PIN - 679533.
4 THE PRINCIPAL
NANGELIL AYURVEDA MEDICAL COLLEGE, KOTHAMANGALAM,
ERNAKULAM, PIN - 686691.
5 THE PRINCIPAL
AHALIA AYURVEDA MEDICAL COLLEGE, KOZHIPPRA, PALAKKAD,
PIN - 678557.
6 THE PRINCIPAL
MVR AYURVEDA COLLEGE, PARASSINIKADAVU, P.O. KANNUR
DISTRICT, PIN - 670563.
7 THE PRINCIPAL
SREENAYARANA INSTITUTE OF AYURVEDIC STUDIES AND
RESEARCH KARIMPINPUZHA P.O., PUTHOOR, KOLLAM
DISTRICT, PIN - 691507.
BY ADV P.SREEKUMAR
SRI. S. MANU, DSGI.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, ALONG WITH WP(C).30402/2023, 30974/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29919 OF 2023 & Conn.Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
WP(C) NO. 30402 OF 2023
PETITIONERS:
1 ANSILA A.A.
AGED 24 YEARS
D/O. ANWAR A.B., 7/405 A, DARUSSALAM ROAD,
KAPPLANDIMUKKU, ERNAKULAM DISTRICT,
REG: NO. 180030590, PIN - 682002.
2 GAYEESHA T.S,
AGED 24 YEARS
D/O. SUKUMARAN T.K., THALIYAKKATTIL HOUSE,
MADAYIKONAM P.O. MAPRANAM, IRINJALAKKUDA,
THRISSUR DISTRICT, REG: NO. 180030597, PIN - 680712.
3 GOKUL KRISHNA B.S
AGED 25 YEARS
S/O BAIJU. C, GOKULAM VALICODE, NEDUMANGAD P.O.,
THIRUVANANTHAPURAM, REG: NO. 180030917, PIN - 695561.
4 AISWARYA N
AGED 24 YEARS,
D/O. PRAKASAN N, NEEKAMPURATH HOUSE, PANTHEERANKAVU
P.O., KOZHIKODE DISTRICT, REG. NO. 180030080,
PIN - 673019.
5 NAHILA FATHIMA
AGED 25 YEARS
D/O ABDUL SALAM, IJAZ MANZIL, ENATHU.P.O, ENATHU,
PATHANAMTHITTA DISTRICT, REG. NO.18030272,
PIN - 691526.
6 ATHULYA PONNAN
AGED 25 YEARS
D/O. A.M. PONNAN, AMBAKKERI HOUSE, VADAYAR P.O.,
THALAYOLAPPARAMBU, KOTTAYAM DISTRICT, REG: NO.
180030840, PIN - 686605.
7 ARYA KRISHNAN
AGED 24 YEARS
D/O KRISHNAN.P.C, HOUSE NO.28, LAYOLA RESIDENCE,
MANJAPRA, ANGAMALY, ERNAKULAM DISTRICT,
WP(C) NO. 29919 OF 2023 & Conn.Cases
4
REG. NO.180030376, PIN - 683581.
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
1 NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE
JAWAHARLAL NEHRU BHARTIYACHIKITSA 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 - 680596.
3 THE PRINCIPAL, VAIDYARATNAM AYURVEDA COLLEGE,
OLLUR, THAIKKATTUSSERY, THRISSUR, PIN - 680306.
4 THE PRINCIPAL, ASHTAMGAM AYURVEDA CHIKITSALAYAM &
VAIDYAPEEDHAM, VAVANOOR, KOOTTANAND, PALAKKAD
DISTRICT, PIN - 679533.
5 THE PRINCIPAL, GOVERNMENT AYURVEDA COLLEGE,
M.G ROAD, THIRUVANANTHAPURAM, PIN - 695001.
6 THE PRINCIPAL, KMCT AYURVEDA MEDICAL COLLEGE,
KOZHIKODE, PIN - 673008.
7 THE PRINCIPAL, AHALIA AYURVEDA MEDICAL COLLEGE,
KOZHIPPRA, PALAKKAD, PIN - 686605.
8 THE PRINCIPAL, NANGELIL AYURVEDA MEDICAL COLLEGE,
NELLIKUZHI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT,
PIN - 686691.
BY ADV.P.SREEKUMAR
SRI. S. MANU, DSGI.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, ALONG WITH WP(C).29919/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29919 OF 2023 & Conn.Cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
WP(C) NO. 30974 OF 2023
PETITIONERS:
1 ANAGHA S. KUMAR, AGED 24 YEARS
D/O. SOMAKUMAR P.K., ARAMANA HOUSE, KALPATHUR P.O.,
MEPPAYUR (VIA), KOZHIKODE, REG.NO. 170031037,
PIN - 673524.
2 SNEHA RAJESH, AGED 24 YEARS
D/O. P.R. RAJESH, "ZARCHA HOUSE", NEAR KUNNAMPULLY
KAVU, EZHEKKAL, MUNDUR - II, PALAKKAD, REG.NO.
170031056, PIN - 678631.
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 - 680596.
3 THE PRINCIPAL, AHALIA AYURVEDA MEDICAL COLLEGE,
KOZHIPPRA, PALAKKAD, PIN - 678557.
SRI. S. MANU. DSGI.
SRI. P. SREEKUMAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, ALONG WITH WP(C).29919/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29919 OF 2023 & Conn.Cases
6
T.R. RAVI, J.
--------------------------------------
[WP(C) Nos.29919/2023, 30402/2023, 30974/2023]
----------------------------------------------------
Dated this the 21st day of September, 2023
JUDGMENT
The prayer in all these cases is for a direction to the 2 nd
respondent to inform the failed subjects of the Final Professional
BAMS Degree Examinations for which the petitioners have
appeared and to permit them to register for the Final
Professional BAMS Degree Supplementary Examinations, which
are scheduled to be held in November, 2023. The writ petitions
have been filed relying the judgment of this Court in W.P(C)
Nos.17221 of 2023 and 14499 of 2016. The judgment in W.P(C)
No.17221 of 2023 has been produced as Ext.P1 in W.P.(C)
No.29919 of 2023. Paragraph No.6 of the judgment in W.P.(C)
No.14499 of 2016 which reads as follows:
"6. This Court is of the view that the Regulations of the
University can be safeguarded by allowing the students to
write the final examination without clearing the previous
examination. However, the University need not release
WP(C) NO. 29919 OF 2023 & Conn.Cases
such results unless the students clear the previous
examinations. This is the possible reconciliation between
the two Regulations to maintain higher standard and the
purpose for which such Regulation is formulated by the
University. Therefore, the University can permit such
students to appear for the final year provisional
examination without clearing the previous examination
and the University need to publish such results only along
with the clearing of the previous examination. This would
be more practical and convenient for the University as
well, otherwise the University has to keep hold on such
examination which may result in unforeseen consequences
as well. If that be so, in the light of the CCIM Regulations,
the students may be permitted to appear for the
examination on condition that the results will not be
declared without clearing the previous year examination."
2. It can be seen that this Court had granted permission
only for appearing in the examination and the said permission
was on condition that the results would not be declared without
the candidates clearing the previous year's examination.
Admittedly, the petitioners have not cleared the previous year's
examination and as such, they cannot insist that the University
should either declare the result of the final year BAMS
WP(C) NO. 29919 OF 2023 & Conn.Cases
examination or inform them of the failed subjects.
The writ petitions fail and are dismissed.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 29919 OF 2023 & Conn.Cases
APPENDIX OF WP(C) 29919/2023
PETITIONERS EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 31.05.2023
IN W.P.(C) NO.17221/2023 OF THIS HON'BLE
COURT.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF
TENTATIVE EXAMINATION CALENDAR PUBLISHED BY
THE 2ND RESPONDENT.
Exhibit P3 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 P4 TRUE COPY OF THE RELEVANT PAGES OF THE BAMS
COURSE REGULATION ISSUED BY THE 2ND
RESPONDENT.
WP(C) NO. 29919 OF 2023 & Conn.Cases
APPENDIX OF WP(C) 30402/2023
PETITIONERS EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED
31.05.2023 IN W.P.(C) NO.17159/2023.
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED
31.05.2023 IN W.P.(C) NO.17487/2023.
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED
31.05.2023 IN W.P.(C) NO.17001/2023.
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED
02.06.2023 IN W.P.(C) NO.17888/2023.
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED
14.07.2023 IN W.P.(C) NO.17239/2023.
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE
TENTATIVE EXAMINATION CALENDAR PUBLISHED BY
THE 1ST RESPONDENT.
WP(C) NO. 29919 OF 2023 & Conn.Cases
APPENDIX OF WP(C) 30974/2023
PETITIONERS EXHIBITS
Exhibit -P1 TRUE COPY OF THE JUDGMENT DATED 30.05.2022
IN W.P.(C) NO.17484/2022.
