Kerala High Court
Aswathi.P vs Kerala University Of Health Sciences on 22 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 18367 OF 2024
PETITIONER/S:
1 SHILPA H.R.
AGED 23 YEARS
D/O. RAJAN K., PRAMATHUKUDY SOUTH, VZHAKULAM P.O.,
ALUVA, ERNAKULAM DISTRICT., PIN - 683105
2 ANAMIKA R.S.
AGED 24 YEARS
D/O. RAJU. C., RESIDING AT 'ARAVINDAM',
ALTHARAMOOD P.O., NAGAROOR, THIRUVANANTHAPURAM
DISTRICT., PIN - 685102
3 MISBAH
AGED 25 YEARS
D/O. ABDUL MAJEED, RESIDING AT KALADY HOUSE,
CERUKULAMBA, VATTALOOR P.O., MALAPPURAM DISTRICT.,
PIN - 676507
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
PARVATHY B.
RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MULANKUNNATHUKAVU, THRISSUR, REPRESENTED BY ITS
REGISTRAR., PIN - 680596
2 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THRISSUR DISTRICT., PIN -
680596
3 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, REPRESENTED BY ITS SECRETARY., PIN - 110058
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
2
4 THE PRINCIPAL
MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE,
PANDALAM, PATHANAMTHITTA DISTRICT., PIN - 689501
5 THE PRINCIPAL
PNNM AYURVEDA MEDICAL COLLEGE, SHORNUR,
CHERUTHURUTH, THRISSUR DISTRICT., PIN - 679531
BY ADV Kiran M.S.
OTHER PRESENT:
ADV BINNY THOMAS-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.05.2024, ALONG WITH WP(C).18297/2024, 18362/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 18297 OF 2024
PETITIONER/S:
AISWARYA L.S.
AGED 24 YEARS
D/O. SATHEESAN.B., RESIDING AT 'ARCHANA',
PAVACHAMBALAM, NEMOM P.O., THIRUVANANTHAPURAM, PIN
- 695020
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
PARVATHY B.
RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MULANKUNNATHUKAVU, THRISSUR, REPRESENTED BY ITS
REGISTRAR., PIN - 680596
2 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THRISSUR., PIN - 680596
3 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, REPRESENTED BY ITS SECRETARY., PIN - 110058
4 THE PRINCIPAL
VISHNU AYURVEDA COLLEGE, SHORNAUR, PALAKKAD
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
4
DISTRICT., PIN - 679122
BY ADV Kiran M.S.
OTHER PRESENT:
ADV BINNY THOMAS-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.05.2024, ALONG WITH WP(C).18367/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 18362 OF 2024
PETITIONER/S:
1 SRIPARVATHY.R.
AGED 23 YEARS
D/O. PRADEEP RAMACHANDRAN, MEDAYIL
SIVAPADAM,KANDIYOOR,THATTARAMBALAM P.O.,
MAVELIKARA, ALAPPUZHA DISTRICT., PIN - 690103
2 SHINE MATHEW
AGED 23 YEARS
S/O. MATHEW A.A, ALLUMPURATH(H), OTTATHAI.P.O.,
KANNUR DISTRICT., PIN - 670671
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
PARVATHY B.
RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MULANKUNNATHUKAVU, THRISSUR, REPRESENTED BY ITS
REGISTRAR., PIN - 680596
2 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THRISSUR, PIN - 680596
3 NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE
ANUSANDHAN BHAVAN, 61- 65, INSTITUTIONAL AREA,
JANAKPURI 'D'. BLOCK, NEW DELHI, REPRESENTED BY
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
6
ITS SECRETARY., PIN - 110058
4 THE PRINCIPAL
MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE,
PANDALAM, PATHANAMTHITTA., PIN - 689501
5 THE PRINCIPAL
GOVERNMENT AYURVEDA MEDICAL COLLEGE, PARIYARAM,
KANNUR DISTRICT., PIN - 670502
BY ADV Kiran M.S.
OTHER PRESENT:
ADV BINNY THOMAS-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.05.2024, ALONG WITH WP(C).18367/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 18378 OF 2024
PETITIONER/S:
ASWATHI.P.
AGED 22 YEARS
D/O.ASHOK.P. RESIDING AT INDRANEELAM HOUSE,
ELANGODE, PANOOR, P.O., CHENDAYAD, THALASSERY,
KANNUR DISTRICT, REG. NO.180031097, PIN - 670692
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
PARVATHY B.
RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MULANKUNNATHUKAVU, THRISSUR, REPRESENTED BY ITS
REGISTRAR., PIN - 680596
2 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THRISSUR., PIN - 680596
3 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, REPRESENTED BY ITS SECRETARY, PIN - 110058
4 THE PRINCIPAL
MVR AYURVEDA MEDICAL COLLEGE, PARASSINIKKADAVU,
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
8
KANNUR DISTRICT., PIN - 670563
BY ADV Kiran M.S.
OTHER PRESENT:
ADV BINNY THOMAS-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.05.2024, ALONG WITH WP(C).18367/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
9
JUDGMENT
The petitioners in all these cases, are students of B.A.M.S in
Kerala University of Health Sciences in various Colleges affiliated
to the said University. All the said students have completed First
and Second Professional B.A.M.S examinations. The grievance of
the petitioners is that, they were not permitted to appear for the
Final Professional examinations, mainly on the ground that, they
could not complete certain papers in Third Professional
Examinations.
2. The specific contention raised by the petitioners is by
placing reliance upon Ext.P2, which is the relevant pages of Indian
Medicine Central Council (Minimum Standards of Education in
Indian Medicine) Amendment Regulations, 2016, in which
Regulation 6(3)(c) contemplates that, a failed student of third
professional who have passed all the subjects of first and second
professional examination shall be allowed to appear in final
professional Examination. However, the learned Senior Counsel
appearing for the University pointed out that, as per Ext.P3
Regulations of the University, vide 1.18(d), it has been made
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
mandatory that the students shall pass all the subjects of previous
years, before registering for final year examinations. Therefore, it
was pointed that in the light of the Regulations of the University,
which is applicable to the petitioners in this case, the prayers
sought by the petitioners cannot be entertained.
3. However, the learned counsel for the petitioners
pointed out that, the conflict between the provisions in the Ext P2
and P3 Regulations was considered by this Court in Ext.P4
judgment, and specific directions in this regard were passed by
this Court. It is seen from Ext.P4 judgment that, in paragraph 6
thereof, the following observations and directions were made by
this Court:
"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 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
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
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."
Since this Court has already passed orders and issued directions,
reconciling the provisions contained in Exts.P2 and P3 Regulations,
the petitioners who are similarly situated persons can also be
given the benefits of the same.
In such circumstances, this writ petitions are disposed of,
permitting the petitioners to appear for the final professional
examinations, however, the results of such examinations shall not
be published, unless and until the petitioners clear all the
examinations of the third professional. It is further clarified that,
this benefit shall be available, only if the petitioners have cleared
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
all the examinations of the first and second professionals and
registered for the third professional examination.
With the above directions these writ petitions are disposed
of.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
APPENDIX OF WP(C) 18297/2024
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE NOTIFICATION
NO.5041/2024/EX-AYUSH A4/KUHS (1) DATED
02.04.2024 FOR THE FINAL PROFESSIONAL
BAMS DEGREE REGULAR/SUPPLEMENTARY
EXAMINATIONS, MAY, 2024 TO BE HELD FROM
27.05.2024.
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
REGULATION ISSUED BY THE 1ST RESPONDENT
UNIVERSITY.
Exhibit -P4 TRUE COPY OF THE JUDGMENT DATED
27/09/2018 IN W.P.(C) NO.29326/2018 .
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
APPENDIX OF WP(C) 18362/2024
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE NOTIFICATION
NO.5041/2024/EX-AYUSH A4/KUHS (1) DATED
02.04.2024 FOR THE FINAL PROFESSIONAL
BAMS DEGREE REGULAR/SUPPLEMENTARY
EXAMINATIONS, MAY, 2024 TO BE HELD FROM
27.05.2024.
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
REGULATION ISSUED BY THE 1ST RESPONDENT
UNIVERSITY.
Exhibit -P4 TRUE COPY OF THE JUDGMENT DATED
27/09/2018 IN W.P.(C) NO.29326/2018.
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
APPENDIX OF WP(C) 18378/2024
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE NOTIFICATION
NO.5041/2024/EX-AYUSH A4/KUHS (1) DATED
02.04.2024 FOR THE FINAL PROFESSIONAL
BAMS DEGREE REGULAR/SUPPLEMENTARY
EXAMINATIONS, MAY, 2024 TO BE HELD FROM
27.05.2024.
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
REGULATION ISSUED BY THE 1ST RESPONDENT
UNIVERSITY.
Exhibit -P4 TRUE COPY OF THE JUDGMENT DATED
27/09/2018 IN W.P.(C) NO.29326/2018 .
W.P.C Nos. 18297, 18362, 18367, 18378 of 2024
APPENDIX OF WP(C) 18367/2024
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE NOTIFICATION
NO.5041/2024/EX-AYUSH A4/KUHS (1) DATED
02.04.2024 FOR THE FINAL PROFESSIONAL
BAMS DEGREE REGULAR/SUPPLEMENTARY
EXAMINATIONS, MAY, 2024 TO BE HELD FROM
27.05.2024.
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
REGULATION ISSUED BY THE 1ST RESPONDENT
UNIVERSITY.
Exhibit -P4 TRUE COPY OF THE JUDGMENT DATED
27/09/2018 IN W.P.(C) NO.29326/2018.
