Kerala High Court
Battu Prasad vs Kerala University Of Health Sciences on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 18505 OF 2024
PETITIONER:
BATTU PRASAD
AGED 25 YEARS
S/O. BATTU CHANDER, RESIDING AT PADINJAREKANNEZHATH,
PANAVALLY.P.O, CHERTHALA, ALAPPUZHA DISTRICT,
PIN - 688526
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
PARVATHY B.
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MULANKUNNATHUKAVU, THRISSUR DISTRICT,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
4 THE PRINCIPAL
GOVERNMENT AYURVEDA MEDICAL COLLEGE, PUTHIYAKAVU,
THRIPUNITHURA, ERNAKULAM DISTRICT., PIN - 682301
BY ADV Kiran M.S.
ADV BINNY THOMAS-SC, KUHS, ADV M S KIRAN -SC, NCISM
ADV.NISHA BOSE-GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.18505/2024
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ZIYAD RAHMAN A.A., JUDGE
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W.P.(C) No.18505 of 2024
==========================
Dated this the 23rd day of May, 2024
JUDGMENT
The petitioner in this case, is a student of BAMS in Kerala
University of Health Sciences in various Colleges affiliated to
the said University. The said student has completed First and
Second Professional BAMS examinations. The grievance of the
petitioner is that, he was not permitted to appear for the Final
Professional examinations, mainly on the ground that, he could
not complete certain papers in Third Professional
Examinations.
2. The specific contention raised by the petitioner 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
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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 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
petitioner in this case, the prayers sought by the petitioner
cannot be entertained.
3. However, the learned counsel for the petitioner
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
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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."
Since this Court has already passed orders and issued
directions, reconciling the provisions contained in Exts.P2 and
P3 Regulations, the petitioner who is a similarly situated
person can also be given the benefits of the same.
In such circumstances, this writ petition is disposed of,
permitting the petitioner to appear for the final professional
examinations, however, the results of such examinations shall
not be published, unless and until the petitioner clear all the
examinations of the third professional. It is further clarified
that, this benefit shall be available, only if the petitioner has
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cleared all the examinations of the first and second
professionals and registered for the third professional
examination.
With the above directions this writ petition is disposed of.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
ACR
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APPENDIX OF WP(C) 18505/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE NOTIFICATION
NO.5041/2024/EX-AYUSH A4/KUHS (1) DATED
02.04.2024 ISSUED 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 1ST
RESPONDENT UNIVERSITY .
Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED
27/09/2018 IN W.P.(C) NO.29326/2018 .
