Kerala High Court
Sreenithya.P vs Kerala University Of Health Sciences on 24 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 28972 OF 2023
PETITIONERS:
1 NAVANEETH V
S/O VIPINACHANDRAN P.S
AGED 21 YEARS, 1ST YEAR MBBS STUDENT,
ROLL NO. 210011856,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT CHANDRALEKHA (H),
KATTOOR P.O., KALAVOOR,
ALAPPUZHA, PIN - 688522
2 POOJA NARHARI KOKANE
D/O. LATE NARHARI KOKANE,
AGED 24 YEARS, 1ST YEAR MBBS STUDENT,
ROLL NO. 210011869,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA
RESIDING AT PERLAMKULATH HOUSE,
OPP. CH THANAL DIALYSIS CENTRE,
ORKATTERI P.O., VATAKARA,
KOZHIKODE, PIN - 673501
3 SARANYA B
D/O. BAIJU, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011885,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT VATTAVILA VEEDU,
POOVANPARA, ALAMCODU P.O., ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695102
4 GAYATHRI V.S
D/O. K. VIJAYAKUMAR, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011802,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT MEKKATHIL VEEDU,
KONCHIRAVILA, ARA 7, MANACAUD PO,
TRIVANDRUM, PIN - 695009
5 FIDHA K.K
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
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D/O. LATE UNNEETHU K K, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011798,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT KAKKADAVATH (H),
ILLATHAPPADAM, TIRUR P.O.,
MALAPPURAM, PIN - 676101
6 EDNA JOHNSON
D/O. JOHNSON P.X., AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011788,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT PALLIPARAMBIL HOUSE,
9/431, NAZARETH, MATTANCHERRY P.O.,
COCHIN, PIN - 682002
7 SHIVENDU R. SEKHAR
D/O. CHANDRASEKHARAN R., AGED 20 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011282,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT IEMPANTHANATHU HOUSE,
CHIRAKKADAVU CENTRE P.O., CHIRAKADAVU,
KANJIRAPALLY, KOTTAYAM, PIN - 686519
8 ANURAG KUMAR
S/O. AJAY KUMAR, AGED 25 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011768,
TD MEDICAL COLLEGE, ALAPPUZHA,
RESIDING AT 8339 NFL TOWNSHIP,
BATHINDA, PUNJAB, PIN - 151003
9 ALEENA SITHARA JOHNSON
D/O. LATE DR ABRAHAM JOHNSON,
AGED 21 YEARS, 1ST YEAR MBBS STUDENT,
ROLL NO.210011748, T.D. MEDICAL COLLEGE HOSPITAL,
ALAPPUZHA. RESIDING AT NADUVILADATHU(H),
KANJAR P.O., IDUKKI, PIN - 685590
10 KANAK KHANDELWAL
S/O RAJENDRA KHANDELWAL AGED 24 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011819,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA,
RESIDING AT C-109, J.P. COLONY,
TONK PHATAK, P.O., GANDHI NAGAR
JAIPUR, RAJASTHAN, PIN - 302015
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-3-
11 MOHAMMED OMAR MUKHTHAR
S/O NAVAB M.P., AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011842,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT MULLADATH (H)
STHREESHAKTHI ROAD, ARUPUZHA,
VELOOR P.O., KOTTAYAM, PIN - 686003
12 NESWAN NAHAZ
S/O. K.M. NAHAZ, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011860,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT N N MANZIL, CHUNGOM,
THIRUMALA WARD, IRON BRIDGE P.O,
ALAPPUZHA, PIN - 688011
13 MAHADEVAN M.S
S/O. MADHU P.R., AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011832,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPUZHA.
RESIDING AT SAROVARAM, KALLELIBHAGOM P.O.,
KARUNAGAPPALLY, KOLLAM, PIN - 690519
14 RITHUL SHANKAR
S/O SHANKARA RAM P., AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011878,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT SOMATHEERTHAM, PILAPUZHA,
HARIPAD P.O., ALAPPUZHA, PIN - 690514
15 MADNOOR REVAN
S/O MADNOOR GOPAL, AGED 20 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011831
T.D. MEDICAL COLLEGE HOSPITAL, ALAPUZHA.
RESIDING AT PLOT NO. 301,
SAI CHANDRA RESIDENCY, VINAYAK NAGAR,
NIZAMABAD, PULLANGH P.O.,
TELANGANA, PIN - 503001
16 ALFIN SAJI
S/O . EDISON SAJI, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011749,
T.D.MEDICAL COLLEGE HOSPITAL, ALAPPUZHA,
RESIDING AT BEENA DALE, PERAYAM,
MULAVANA, MULAVANA P.O., KOLLAM, PIN - 691503
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
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17 TESSA ANN MARIA
D/O DR. JOMON GEORGE, AGED 20 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210013840,
DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE
AND HOSPITAL, THIRUVANANTHAPURAM
RESIDING AT NIRAPPEL HOUSE,
DIVINE PARK, OPP, CSEZ, CSEZ P.O,
KAKKANAD, KOCHI, PIN - 682037
18 AMAYA SUSAN SHAJU
D/O SHAJU T P, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210013716
DR. SOMERVELL MEMORIAL CSI, MEDICAL COLLEGE
AND HOSPITAL, THIRUVANATHAPURAM,
RESIDING AT THALACHIRAYIL HOUSE,
KOODATHAI BAZAR P.O., THAMARASSERY,
CALICUT, PIN - 673573
19 JIYA ELDHO
D/O ELDHO OM, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210013784,
DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE
AND HOSPITAL, THIRUVANANTHAPURAM,
RESIDING AT OLAMALAKUZHY HOUSE,
KUNNACKAL P.O, VALAKOM,
MUVATTUPUZHA, ERNAKULAM, PIN - 682316
20 JOVITHA JOVIN
D/O JOVIN VINCENT, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210013794,
DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE
AND HOSPITAL, THIRUVANANTHAPURAM,
RESIDING AT VADAKKUMCHERY POTTACKAL HOUSE,
TB ROAD, THRISSUR P.O., THRISSUR, PIN - 680001
21 LEKSHMI R. NATH
D/O G SABARINATH, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210013801,
DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE
AND HOSPITAL, THIRUVANANTHAPURAM,
RESIDING AT THANAL, 85B, RAMAPURAM LANE,
MUKKOLA P.O, TRIVANDRUM, PIN - 695043
22 SANJOB SABU
S/O SABU MANI, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210013826,
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
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DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE
AND HOSPITAL, THIRUVANANTHAPURAM,
RESIDING AT MUTTAPPILLIL HOUSE,
KURAVILANGAD, KURAVILANGAD P.O.,
KOTTAYAM, PIN - 686633
23 JISANA SHAJAHAN
D/O. SHAJAHAN, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011116,
KARUNA MEDICAL COLLEGE, PALAKKAD
RESIDING AT MANAYIL, VENGA.P.O., MYNAGAPALLY,
SASTHAMCOTTA, KOLLAM, PIN - 690521
24 HANNA SHEBIN
D/O. SAKEER HUSSAIN, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011111,
KARUNA MEDICAL COLLEGE, PALAKKAD
RESIDING AT PARAVATH HOUSE, VADAKKEMANNA,
KODUR P.O., MALAPPURAM, PIN - 676504
25 MOHAMED MUFTHIYAS K.
S/O SAINUDHEEN, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011129
KARUNA MEDICAL COLLEGE, PALAKKAD,
RESIDING AT KURUNIYAN HOUSE,
KURUNIYAN PARAMBU, MATTATHUR P.O.,
OTHUKKUNGAL, MALAPPURAM, PIN - 676528
26 DIVYA SHEKHAWAT
D/O RAJENDRA SINGH SHEKHAWAT, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011160,
KARUNA MEDICAL COLLEGE, PALAKKAD
NEAR DURGA MAHILA HOSTEL,
WARD NO. 57, CHARAN SINGH GATE,
SIKAR, RAJASTHAN, PIN - 332001
27 JAYARAM KAREL
S/O SURAJMAL KAREL, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011166,
KARUNA MEDICAL COLLEGE, PALAKKAD,
RESIDING AT DHANI KARELO KI,
SHAHPURA, JAIPUR, SURANA P.O.,
RAJASTHAN, PIN - 303120
28 ALFIYA SHAJIHAN
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
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D/O. SHAJIHAN M, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011085
KARUNA MEDICAL COLLEGE, PALAKKAD,
RESIDING AT KURUMBIL HOUSE,
PATTUKULANGARA, THURAVOOR P.O.,
CHERTHALA, ALAPPUZHA, PIN - 688532
29 ANIRUDH C
S/O DR. SHIJI C. AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011094,
KARUNA MEDICAL COLLEGE, PALAKKAD,
RESIDING AT GULMOHAR, OPPOSITE KOYILI HOSPITAL,
PALLIKKUNNU P.O, KANNUR, PIN - 670004
30 NIRANJANA J
D/O S. JEYAKUMAR, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210014305,
GOVERNMENT MEDICAL COLLEGE, KOTTAYAM
RESIDING AT T.C.40/1861-1, GANGOTHRI,
ARAYALLOOR ELLUVILA, THIRUMALA P.O.,
THIRUVANANTHAPURAM, PIN - 695006
31 SISIRA S.V
D/O SEETHARAMA V, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210014343,
GOVERNMENT MEDICAL COLLEGE, KOTTAYAM,
RESIDING AT MADHURIMA HOUSE, NAVAKANA,
BADIADKA , PERADALA P.O.,
KASARAGOD, PIN - 671551
32 ANAGHA JITHESH
D/O JITHESH TA, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210014200,
GOVERNMENT MEDICAL COLLEGE, KOTTAYAM,
RESIDING AT CHELLAMS, KUZHIKILATTUPARAMBA
NEAR CH COLONY, CHEVARAMBALAM P.O.,
CALICUT, PIN - 673017
33 AISWARYA V.R
D/O RADHAKRISHNA, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210014184
GOVERNMENT MEDICAL COLLEGE, KOTTAYAM,
RESIDING AT VAZHAVATTA (HOUSE),
VAZHAVATTA P.O., KALPETTA NORTH,
WAYANAD, PIN - 673122
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
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34 DEVIKA S. NAIR
D/O DR. MALATHI S, AGED 20 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210014245,
GOVERNMENT MEDICAL COLLEGE, KOTTAYAM
RESIDING AT 48/1706G, SANDEEPTHI,
NEAR BHAVANS VIDYA MANDIR,
ELAMAKKARA P.O., KOCHI, PIN - 682026
35 ROY JOSEPH K
S/O GIGO BASTIAN K., AGED 22 YEARS
1ST YEAR MBBS STUDENT, ROLL NO. 210011401
JUBILEE MISSION MEDICAL COLLEGE, THRISSUR.
RESIDING AT KONKOTH HOUSE, KADUPPASSERY PO,
IRINJALAKUDA, THRISSUR, PIN - 680683
36 MARIA SHAJAN
D/O SHAJAN PULIKOTTIL AGED 19 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011531,
MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,
KOZHIKODE, RESIDING AT PULIKOTTIL (H),
KANIPAYYUR KUNNAMKULAM (P.O),
THRISSUR, KERALA, PIN - 680517
37 ARYA MANUEL
D/O EMMANUEL C. A., AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011470,
MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,
KOZHIKODE, RESIDING AT CHAMPAKATTU (H) , ARTHUNKAL
P.O., CHERTHALA,
ALAPPUZHA, KERALA, PIN - 688530
38 R. DHEERAJ VARMA
S/O K K RAVI VARMA THAMPAN, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011553,
MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,
KOZHIKODE, RESIDING AT SOPANAM, NEAR FIRE STATION,
KANANKULANGARA, TRIPUNITHURA P.O.,
ERNAKULAM, PIN - 682301
39 DELIN DENNY
S/O KAITHARAN THOMAS DENNY, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011484,
MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,
KOZHIKODE, RESIDING AT KAITHARAN HOUSE,
PUTHENVELIKARA P.O, PARAVOOR,
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-8-
ERNAKULAM, PIN - 683594
40 PRANAV RAJ R
S/O RAJKUMAR V, AGE 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011550,
MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,
KOZHIKODE, RESIDING AT RAJADHANI, PADA NORTH,
KARUNAGAPALLY P.O, KOLLAM, PIN - 690518
41 YASHPAL YADAV
S/O MANOJ KUMAR, AGED 24 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011584,
MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,
KOZHIKODE, RESIDING AT 555 JP COLONY,
SECTOR 1, SHASTRI NAGAR P.O.,
JAIPUR, RAJASTHAN, PIN - 302016
42 HAFIZ MOHAMED
S/O MOHAMED RAZAK P.P., AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210011512,
MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,
KOZHIKODE, RESIDING AT PUTHEN PURAYIL HOUSE,
AR NAGAR VENGARA P.O.,
MALAPPURAM, PIN - 676305
43 AMALENDU K.A
D/O APPUNNI M.P., AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011452,
MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,
KOZHIKODE, RESIDING AT SIVALAYAM, KIZHAKKEDATH (H),
KAKKODI(PO) KOZHIKODE, PIN - 673611
44 MEENAKSHI BABURAJ
D/O BABURAJ EV AGED 20 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010965,
GOVERNMENT MEDICAL COLLEGE, THRISSUR
RESIDING AT EDAKKATTUPARAMBIL HOUSE,
PO KATTOOR, THEKKUMOOLA,
THRISSUR, PIN - 680702
45 JIBIN J.S
S/O JAYAKUMAR D. AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010364,
AMALA INSTITUTE OF MEDICAL SCIENCE, THRISSUR,
RESIDING AT JISHA, KAVALAKULAM KODANGAVILA P.O
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-9-
NEYYATTINKARA, TRIVANDRUM, PIN - 695123
46 ANIRUDH S
S/O SASIDHARAN.C AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210010328,
AMALA INSTITUTE OF MEDICAL SCIENCES, THRISSUR,
RESIDING AT CHEMBRATHARA (H), NALLUR,
FEROKE (P.O) , KOZHIKODE, KERALA, PIN - 673631
47 ROHAN PAYAS R
S/O ROBERT RAJ R, AGED 21 YEARS
1ST YEAR MBBS STUDENT, ROLL NO. 210010396,
AMALA INSTITUTE OF MEDICAL SCIENCE, THRISSUR
RESIDING AT ROSE HOUSE, V.M.R LANE,
THIRUMALA P. O., TRIVANDRUM, PIN - 695006
48 AYISHA NIZA SALIM
D/O P.A. SALIM, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210012885,
AZEEZIA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH,
KOLLAM, RESIDING AT KOORAYIL HOUSE, M.O. WARD,
IRON BRIDGE P.O., ALAPPUZHA, PIN - 688011
49 FATHIMA S
D/O NIZAM A, AGED 20 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210012896,
AZEEZIA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH,
KOLLAM, RESIDING AT KALPAKAVADI PALAMKONAM,
PERUMKULAM P.O., ALAMCODE, ATTINGAL,
TRIVANDRUM, PIN - 695102
50 LEKSHMI J.S
D/O S. SIVARAMAN ACHARI, AGED 24 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210012914,
AZEEZIA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH,
KOLLAM, RESIDING AT SREE PARVATHY VRA 186A, MG ROAD,
ATTINGAL P.O., THIRUVANANTHAPURAM, PIN - 695101
51 TAIED AHAD
S/O MOHD ALAM AGED 24 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210012952,
AZEEZIA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH,
KOLLAM RESIDING AT 132/450 BABU PURWA, KANPUR,
MUNSHI PURWA P.O.UTTAR PRADESH, PIN - 208023
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
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52 ADIKRISHNA R
S/O RAJESH D., AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210012859,
AZEEZIA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH,
KOLLAM, RESIDING AT SANTHA NIVAS, MUHAMMA P.O.,
ALAPPUZHA, PIN - 688525
53 ATHIRA J.N
D/O M JAYAKUMAR, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210012884,
AZEEZIA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH,
KOLLAM, RESIDING AT "ATHIRA", MARAYAMUTTOM,
MARAYAMUTTOM P.O, NEYYATTINKARA,
TRIVANDRUM, KERALA, PIN - 695124
54 ROHAN TOM JOBY
S/O JOBY TOM, AGED 20 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010821,
GOVERNMENT MEDICAL COLLEGE, KOLLAM,
RESIDING AT KUMPLANKAL HOUSE, ANTHINAD P.O.,
PALA, KOTTAYAM, PIN - 686651
55 ANN MARY PETER
D/O V. E. PETER, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010761
GOVERNMENT MEDICAL COLLEGE, KOLLAM,
RESIDING AT VAZHAPPILLY HOUSE,
TC-82/268, PATTOOR, VANCHIYOOR P. O.,
THIRUVANANTHAPURAM, PIN - 695035
56 ATHIRA THAMPI
D/O THAMPI K K, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010777,
GOVERNMENT MEDICAL COLLEGE, KOLLAM,
RESIDING AT MADHURAMCHERIL HOUSE,
KALAMPOOR P.O., PIRAVOM,
ERNAKULAM, PIN - 686664
57 ABDUL HASIF K V
S/O VEERAN K M, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010735
GOVERNMENT MEDICAL COLLEGE, KOLLAM
RESIDING AT KAMMATH HOUSE, WEST VENGOLA P.O,
MAROTTICHODU, ERNAKULAM, PIN - 683556
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
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58 CHAITHANYA P KUMAR
D/O PADMAKUMAR J, AGED 19 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210010488,
GOVERNMENT. MEDICAL COLLEGE, THIRUVANANTHAPURAM,
RESIDING AT LAKSHMI BHAVAN, ERAMALLOOR P.O,
CHERTHALA, ALAPPUZHA, PIN - 688537
59 PRESMIN P S
S/O PRAVEEN KUMAR A M, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210010620,
GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM,
RESIDING AT SHALEM, PERUMTHANNI,
KANJIRAMKULAM, KANJIRAMKULAM P.O.,
THIRUVANANTHAPURAM, PIN - 695524
60 SHEETAL MEGHWAL
D/O ASHURAM MEGHWAL, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210010644,
GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM,
RESIDING AT UDAIRAMSAR, BIKANER,
BIKANER P.O., RAJASTHAN, PIN - 334402
61 ROSHEN MOHAMMEDALI
S/O MOHAMMED ALI PULIKKADA, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210012538,
KMCT MEDICAL COLLEGE, KOZHIKKODE,
RESIDING AT PULIKKADA HOUSE, THAZHEKODE WEST P.O,
THAZHEKODE, MALAPPURAM, PIN - 679341
62 NIHAAL LAZIM
S/O HARIS C.P, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210012525,
KMCT MEDICAL COLLEGE, KOZHIKKODE,
RESIDING AT "PEARL CASTLE",
PAKKARATH COLONY ROAD, 28TH MILE,
NARUKARA P.O, MANJERI,
MALAPPURAM, PIN - 676122
63 SHAHANAN S P
AGED 23 YEARS
S/O P C IBRAHIMKUTTY, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210012548
KMCT MEDICAL COLLEGE, KOZHIKKODE,
RESIDING AT SOUDAGHER, VILAYANCODE (P.O.),
PILATHARA, KANNUR, PIN - 670504
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
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64 SHAHNA S. HUSSAIN
D/O SAKKEER HUSSAIN, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210012550
KMCT MEDICAL COLLEGE, KOZHIKODE,
RESIDING AT HISHAM MANZIL, KARUVATTA P.O.,
ALAPPUZHA, PIN - 690517
65 NILOFER FEROZ KHAN
D/O FEROZ KHAN K.H., AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210012527,
KMCT MEDICAL COLLEGE, KOZHIKODE,
RESIDING AT 24/540 NILOFER VILLA,
THOTTIL PEEDIKA ROAD, CHEVARAMBALAM,
KOZHIKODE P.O., KERALA, PIN - 673017
66 SANA ABDUL JABBAR
D/O ABDUL JABBAR, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210012544,
KMCT MEDICAL COLLEGE, KOZHIKODE,
RESIDING AT ROJAMANZIL, MDPS ROAD,
MUTHUR, TIRUR, MALAPPURAM, PIN - 676101
67 SREENATH A
S/O ANANDAPADMANABHAN, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210012560,
KMCT MEDICAL COLLEGE KOZHIKODE,
RESIDING AT KANIKUNNEL, PAMPAKUDA P.O.,
PAMPAKUDA, ONAKKOOR VILLAGE,
ERNAKULAM, PIN - 686667
68 PALLAVI S. KUMAR
D/O SASIKUMAR G. AGED 21YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210012528,
KMCT MEDICAL COLLEGE, KOZHIKODE,
RESIDING AT PRARTHANA, ADINADU NORTH P. O.,
KARUNAGAPPALLY, KOLLAM, PIN - 690542
69 ARJUN M
S/O RAMESH BABU M., AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210012452
KMCT MEDICAL COLLEGE, KOZHIKODE
RESIDING AT MALAYIL HOUSE, KANNANKARA P.O.,
CHELANNUR, KOZHIKODE, PIN - 673616
70 ROHAN ABU
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-13-
S/O ABUBAKER K., AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210012536
KMCT MEDICAL COLLEGE HOSPITAL, KOZHIKODE,
RESIDING AT KOLAYAKKARAKATH HOUSE,
KALLINGAL ROAD, VADAKKEKADU,
THRISSUR, PIN - 679562
71 JITHIN MATHEW
S/O K.P MATHEW, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210014107,
GOVERNMENT MEDICAL COLLEGE, PALAKKAD,
RESIDING AT KOMAROTH HOUSE, COSY COTTAGE,
THOPPUMPADY P.O, KOCHI, PIN - 682005
72 PARVATHY BALAKRISHNAN
D/O BALAKRISHNAN AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210014126,
GOVERNMENT MEDICAL COLLEGE, PALAKKAD
RESIDING AT SREEVALSAM, NALANDA NAGAR-12,
THIRUMULLAVARAM P.O, KOLLAM, PIN - 691012
73 ANJALI K.R
D/O RAVEENDRAN, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210014077,
GOVERNMENT MEDICAL COLLEGE, PALAKKAD,
RESIDING AT KUMBALAMTHURUTH HOUSE
EZHIKKARA P.O., NORTH PARAVUR
ERNAKULAM, PIN - 683513
74 ARATHY M. S
D/O MANIYAN M., AGED 22 YEARS
1ST YEAR MBBS STUDENT, ROLL NO. 210011217,
GOVERNMENT MEDICAL COLLEGE, KANNUR,
RESIDING AT ARATHY BHAVAN,
KOTTIYODU MARKET ROAD, ATTINGAL P.O.,
THIRUVANANTHAPURAM, PIN - 695101
75 ADITHYAN G
S/O GOPINATHAN C, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011200,
GOVERNMENT MEDICAL COLLEGE, KANNUR,
RESIDING AT GEETH, THETTIKULAM,
MOONGODU P.O., VARKALA, PIN - 695144
76 AVINASH C. LAL
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-14-
S/O MR CHRISTOPHER M. LAL AGED 21YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011223,
GOVERNMENT MEDICAL COLLEGE KANNUR,
RESIDING AT MISSION COMPOUND, BADHPUR,
FARRUKHABAD P.O., FARRUKHABAD, PIN - 209625
77 HRIDYA DILEEP
D/O DILEEP KUMAR A.K. AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011242,
GOVERNMENT MEDICAL COLLEGE, KANNUR,
RESIDING AT PARVANNAM ETHIYELIL HOUSE,
THAMARACHAL, KIZHAKKAMBALAM PO,
ERNAKULAM, PIN - 683562
78 J.L. GOVIND KRISHNA
S/O JAYAKUMAR GR AGED 19 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011247,
GOVERNMENT MEDICAL COLLEGE, KANNUR,
RESIDING AT SREE GOWRI SANKARAM,
MARAYAMUTTUM PO, NEYYATTINKKARA,
TRIVANDRUM, PIN - 695124
79 VISHAL KUMAR
S/O TUN TUN RAY AGED 25 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011293,
GOVERNMENT MEDICAL COLLEGE, KANNUR,
RESIDING AT PAPRAUR, PAPRAUR P.O.,
BEGUSARAI, BIHAR, PIN - 851210
80 SAMPAT SAMARIYA
S/O MOOL CHAND SAMARIYA, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210011277,
GOVERNMENT MEDICAL COLLEGE, KANNUR
RESIDING AT LISARIYA SIKAR RAJASTHAN P.O.,
VAYA MUNDRU LISARIYA SHARIMADHUPUR SIKAR,
RAJASTHAN, PIN - 332712
81 KRISHNAPRIYA,S,B
D/O BIJUKUMAR M., AGED 20 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010237,
GOVERNMENT MEDICAL COLLEGE, ERNAKULAM,
RESIDING AT 'KRISHNAPRIYA',
TC-56/3737, SREERAGAM ROAD,
PAPPANAMCODE P.O., TRIVANDRUM,
KERALA, PIN - 695018
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-15-
82 AMBILI P. P.
D/O CHANDRAN P. P. AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010188,
GOVERNMENT MEDICAL COLLEGE, ERNAKULAM,
RESIDING AT PUTHIYA PURAYIL HOUSE,
THA DIYAN KOVVAL, UDINUR PO, KASARGOD,
KERALA, PIN - 671310
83 GEORGIE PETER
S/O PETER GEORGE, AGED 20 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010228,
GOVERNMENT MEDICAL COLLEGE, ERNAKULAM,
RESIDING AT PALLICKAPARAMBIL HOUSE,
MUTHALAKODAM P.O, THODUPUZHA, PIN - 685605
84 HYMA A R
D/O ANITHA K, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010231,
GOVERNMENT MEDICAL COLLEGE, ERNAKULAM
RESIDING AT ARUNIMA, EDAKULANGHARA,
KARUNAGAPALLY P.O., KOLLAM, PIN - 690523
85 LAKSHMI M
D/O SURESH M., AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210010239,
GOVERNMENT MEDICAL COLLEGE, ERNAKULAM
RESIDING AT PARAYERIKUNNU,
VAZHAYIL ROAD, VENGERI PO,
CALICUT, PIN - 673010
86 AATHIRA A V
D/O ARAVIND P.V., AGED 20 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210010181,
GOVERNMENT MEDICAL COLLEGE, ERNAKULAM,
VELLAYANI ILLOM, UMMALATHOOR THAZHAM,
MEDICAL COLLEGE P.O. KOZHIKODE, PIN - 683003
87 KRISHNAPRASAD N
S/O H. NARAYANAN, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210013967,
PK DAS INSTITUTE OF MEDICAL SCIENCES, OTTAPPALAM,
RESIDING AT PISHARAM, NHANGATTIRI P.O.,
PATTAMBI, PALAKKAD, PIN - 679303
88 ASNA KHAN
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-16-
D/O ABDUL JALEEL ULLA KHAN, AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210013925,
PK DAS INSTITUTE OF MEDICAL SCIENCES, OTTAPPALAM,
RESIDING AT KUZHIMURIYIL HOUSE,
PC KAVALA P.O., PAIPPAD,
CHANGANACHERRY, PIN - 686537
89 FATHIMATHU SHAFEEDA
D/O ABDUL GAFFOOR KONDETH, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210013947,
PK DAS INSTITUTE OF MEDICAL SCIENCES, OTTAPALAM,
RESIDING AT KONDETH HOUSE, CHOTTUR,
KARIPPOL P.O., MALAPPURAM, PIN - 676552
90 AMRUTHA BALAN
D/O BALAN K AGED 24 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO. 210013897,
PK DAS INSTITUTE OF MEDICAL SCIENCES, OTTAPALAM,
BALABAVANAM, MANNAKKARA PO, SHASTHAMCOTTA,
KOLLAM, PIN - 690521
91 SWARNA CHAND.U
D/O CHANDRANGATHAN, AGED 21 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210012383
SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES,
ERNAKULAM, RESIDING AT UNNIYARAMPURAKKAL HOUSE,
NATTIKA BEACH P.O., THRISSUR, PIN - 680566
92 AAKASH S R
S/O T. S. SUNILKUMAR, AGED 23 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210012246,
SREE NARAYANA INSTITUTE OF MEDICAL SCIENCE,
ERNAKULAM, RESIDING AT MANIMANGALATHU,
CHAIKOTTUKONAM PO, NEYYATTINKARA,
TRIVANDRUM, PIN - 695122
93 ARJUN K S
S/O SHAJU K A AGED 22 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210012277,
SREE NARAYANA INSTITUTE OF MEDICAL SCIENCE,
ERNAKULAM, RESIDING AT KAROTH HOUSE, GNRA N-21,
OLARI, PULLAZHI P.O, THRISSUR, PIN - 680001
94 PARVATHY PANIKKASSEY SUDHARMAN
D/O SUDHARMAN PK, AGED 21 YEARS,
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-17-
1ST YEAR MBBS STUDENT, ROLL NO.210012343,
SREE NARAYANA INSTITUTE OF MEDICAL SCIENCE,
ERNAKULAM, RESIDING AT PANIKKASSERY HOUSE,
VATTAPARAMBU PO, KODUSSERY,
ANGAMALY, ERNAKULAM, PIN - 683572
95 VYSHNAVI VINOD
D/O N. VINOD KUMAR, AGED 19 YEARS,
1ST YEAR MBBS STUDENT, ROLL NO.210012833,
GOVERNMENT MEDICAL COLLEGE, MANJERI,
RESIDING AT JAPAVILAS, MANGAD,
THIRUMALA P.O., TRIVANDRUM, PIN - 695006
BY ADVS.
C.R.SIVAKUMAR
SUBHAJA P.
S.SOORYA GAYATHRY
HARI R.
BINI KRISHNA
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCE
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE CAMPUS, THRISSUR P.O.,
THRISSUR, PIN - 680596
2 THE VICE CHANCELLOR
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE CAMPUS, THRISSUR P.O.,
THRISSUR, PIN - 680596
3 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE CAMPUS, THRISSUR P.O.,
THRISSUR, PIN - 680596
4 THE NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY,
POCKET-14, SECTION 8, DWARAKA PHASE - 1,
NEW DELHI, PIN - 110077
5 THE UNDERGRADUATE MEDICAL EDUCATION BOARD
REPRESENTED BY ITS PRESIDENT,
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-18-
POCKET-14, SECTOR-8 DWARKA PHASE-1
NEW DELHI, PIN - 110077
BY ADVS.
P.SREEKUMAR, SC
K.S.PRENJITH KUMAR
TITUS MANI VETTOM, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2024, ALONG WITH WP(C).29884/2023 AND CONNECTED CASES,
THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-19-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 29884 OF 2023
PETITIONER:
AYISHA NAVAS
AGED 22 YEARS
D/O. NAVAS KHAN JAMAL MOHAMMED,
AL-AJ MANZIL, KUDILIL ROAD,
SOUTH KALAMASSERY, KDP POST,
SOUTH KALAMASSERY, ERNAKULAM DISTRICT.,
PIN - 683104
BY ADVS.
P.CHANDRASEKHAR
C.RAMAN
JENNY THANKAM
ANOOP KRISHNA
ANAND SANKAR
REGIMOL M.K.
RESPONDENTS:
1 NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8, DWARKA,
PHASE-1, NEW DELHI, PIN - 110077
REPRESENTED BY ITS DIRECTOR
2 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS)
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE PO, THRISSUR.,
PIN - 680596
3 THE BOARD OF ADJUDICATION FOR STUDENTS GRIEVANCES
KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS),
MEDICAL COLLEGE PO, THRISSUR, PIN - 680596
4 THE PUBLIC RELATION OFFICER
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-20-
KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS),
REPRESENTED BY ITS REGISTRAR
MEDICAL COLLEGE PO, THRISSUR.,
PIN - 680596
5 THE PRINCIPAL
TRAVANCORE MEDICAL COLLEGE & HOSPITAL,
NH BYPASS, MYLAPORE, THATTAMALA P.O,
KOLLAM,, PIN - 691020
BY ADVS.
TITUS MANI VETTOM, SC
P.SREEKUMAR, SC
SANEER P.M
K.S.PRENJITH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2024, ALONG WITH WP(C).28972/2023 AND CONNECTED CASES,
THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-21-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 35266 OF 2023
PETITIONERS:
1 SONU BASIL ELDO
AGED 21 YEARS, S/O ELDO PAUL
1ST YEAR MBBS STUDENT,
ROLL NO. 200011269, MOSC MEDICAL COLLEGE,
KOLENCHERY.
RESIDING AT POTHANAKADAN (H),
VLIANGU P.O., OORAKKAD, ERNAKULAM.,
PIN - 683561
2 ALENA EVELYN JOEL
AGED 22 YEARS, D/O. JOSE JOEL,
1ST YEAR MBBS STUDENT,
ROLL NO. 200010772,
AMALA INSTITUTE OF MEDICAL SCIENCE, THRISSUR,
RESIDING AT MARIA BHAVAN, CHIRAYATH MANJIYIL (H),
MUKKATTUKARA, NETTISERY P.O,
THRISSUR, PIN - 680651
3 AISWARYA LAKSHMI S
AGED 24 YEARS, D/O. SURESH BABU A.D.,
1ST YEAR MBBS STUDENT,
ROLL NO. 200012478,
BELIEVERS CHURCH MEDICAL COLLEGE, THIRUVALLA.
RESIDING AT EDATTUTHAZHE(H),
VILLOONNI P.O., ARPOOKARA,
KOTTAYAM, PIN - 686008
4 MUNAVVIR P
AGED 23 YEARS, S/O. MUHAMMED KUTTY P.,
1ST YEAR MBBS STUDENT,
ROLL NO. 200012379,
KMCT MEDICAL COLLEGE, MANASSERY.
RESIDING AT PERINCHEERI (H),
THALAKKASERY P.O., PALAKKAD (DIST),
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-22-
KERALA, PIN - 679534
5 KS HARI GOVIND
AGED 21 YEARS, S/O. SUBHAGAN K.S.,
1ST YEAR MBBS STUDENT,
ROLL NO. 200011947,
SREE GOKULAM MEDICAL COLLEGE AND
RESEARCH FOUNDATION, TRIVANDRUM.
RESIDING AT KUTTIKADAN(H),
CHRIST NAGAR, IRINJALAKUDA,
THRISSUR, PIN - 680125
6 PEARLY VIMAL
AGED 21 YEARS, D/O. C. VIMAL DAS,
1ST YEAR MBBS STUDENT,
ROLL NO. 200011898,
SREE GOKULAM MEDICAL COLLEGE AND
RESEARCH FOUNDATION, TRIVANDRUM.
RESIDING AT PARRAEL MWRA-153A,
MUNDAKKAL WEST, KOLLAM, PIN - 691001
7 V. VAISAKH
AGED 22 YEARS, S/O. VENUGOPLAN PILLAI P.,
1ST YEAR MBBS STUDENT,
ROLL NO. 200011926,
SREE GOKULAM MEDICAL COLLEGE &
RESEARCH FOUNDATION, TRIVANDRUM.
RESIDING AT SREELAYAM (H),
PAVUMBA SOUTH, PAVUMBA P.O.,
THAZHAVA, KARUNAGAPPALLY,
KOLLAM, PIN - 690574
8 ANUSREE T P
AGED 23 YEARS, D/O. MANIKANDAN T. P.,
1ST YEAR MBBS STUDENT,
ROLL NO. 200011512,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT THEVARPARAMBIL (H),
PALATHOLE P.O., ELAMKULAM,
MALAPPURAM, PIN - 679340
9 VAISHNAV RAJEEV
AGED 22 YEARS, S/O MADHAVAN RAJEEV,
1ST YEAR MBBS STUDENT,
ROLL NO. 200014282,
GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM,
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-23-
RESIDING AT RAJEEV NIVAS (H),
ASRAMAM P. O., KOLLAM, PIN - 691002
10 AHGA KUMARAN
AGED 22 YEARS, D/O. KUMARAN C. V.,
1ST YEAR MBBS STUDENT,
ROLL NO. 200012972,
DR. MOOPEN'S MEDICAL COLLEGE, WAYANAD.
RESIDING AT VAYALELA(H),
POOLACODE, NAYARKUZHI P.O.,
KOZHIKODE, PIN - 673601
11 RON JOSE
AGED 21 YEARS, S/O LATE JIJIMON N.M.,
1ST YEAR MBBS STUDENT,
ROLL NO. 200011641,
T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.
RESIDING AT NARIKKATTU(H),
ADAKKAKUNDU P.O., KALIKAVU,
MALAPPURAM, PIN - 676525
12 FATHIMA SHAJID
AGED 22 YEARS, D/O. SHAJID.P,
1ST YEAR MBBS STUDENT,
ROLL NO. 200011354,
MES MEDICAL COLLEGE, PERINTHALMANNA,
RESIDING AT KUSHI (H),
NEAR MISRI MASJID, THURAKKAL,
MANJERI, MALAPPURAM, KERALA, PIN - 676122
BY ADVS.
C.R.SIVAKUMAR
BINI KRISHNA
S.SOORYA GAYATHRY
SUBHAJA P.
HARI R.
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCE
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE CAMPUS, THRISSUR P.O.,
THRISSUR, PIN - 680596
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-24-
2 THE VICE CHANCELLOR
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE CAMPUS, THRISSUR P.O.,
THRISSUR, PIN - 680596
3 PRO-VICE CHANCELLOR
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE CAMPUS, THRISSUR P.O.,
THRISSUR, PIN - 680596
4 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE CAMPUS, THRISSUR P.O.,
THRISSUR, PIN - 680596
5 THE NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY,
POCKET-14, SECTION 8, DWARAKA PHASE - 1,
NEW DELHI, PIN - 110077
6 THE UNDERGRADUATE MEDICAL EDUCATION BOARD,
REPRESENTED BY ITS PRESIDENT,
POCKET-14, SECTOR-8 DWARKA PHASE-1
NEW DELHI, PIN - 110077
BY ADV K.S.PRENJITH KUMAR
P.SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2024, ALONG WITH WP(C).28972/2023 AND CONNECTED CASES,
THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-25-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 38235 OF 2023
PETITIONER:
THARUN SANKER
AGED 21 YEARS, S/O.RNK SANKAR,
SREE RANGA SAUDAM, OPPOSITE TDHS,
MO WARD, ALAPPUZHA, PIN - 688001
BY ADVS.
S.SANAL KUMAR
BHAVANA VELAYUDHAN
T.J.SEEMA
RESPONDENTS:
1 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS CHAIRPERSON,
POCKET-14 , SECTOR -8, DWARKA PHASE -1,
NEW DELHI - INDIA, PIN - 110077
2 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE P.O., THRISSUR,
KERALA, PIN - 680596
3 THE VICE CHANCELLOR
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR,
KERALA, PIN - 680596
4 BOARD OF EXAMINATIONS
REPRESENTED BY ITS CHAIRMAN (THE VICE CHANCELLOR),
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR,
KERALA, PIN - 680596
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-26-
5 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR,
KERALA, PIN - 680596
6 BOARD OF ADJUDICATION
REPRESENTED BY ITS CHAIRMAN
PRO-VICE CHANCELLOR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR,
KERALA, PIN - 680596
BY ADVS.
K.S.PRENJITH KUMAR, SC
P.SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2024, ALONG WITH WP(C).28972/2023 AND CONNECTED CASES,
THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-27-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 38281 OF 2023
PETITIONER:
SREENITHYA.P.
AGED 22 YEARS, D/O. BABY.P.Y.,
POOKKATTIL, KOLENCHERY,
ERNAKULAM DISTRICT, PIN - 603302
BY ADVS.
S.SANAL KUMAR
BHAVANA VELAYUDHAN
T.J.SEEMA
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE P.O., THRISSUR,
KERALA, PIN - 680596
2 THE VICE CHANCELLOR
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR,
KERALA, PIN - 680596
3 BOARD OF EXAMINATIONS
REPRESENTED BY ITS CHAIRMAN
(THE VICE CHANCELLOR),
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR,
KERALA, PIN - 680596
4 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR,
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-28-
KERALA, PIN - 680596
5 BOARD OF ADJUDICATION
REPRESENTED BY ITS CHAIRMAN
PRO-VICE CHANCELLOR,
KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., THRISSUR,
KERALA, PIN - 680596
6 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS CHAIRPERSON,
POCKET-14 , SECTOR -8, DWARKA PHASE -1.
NEW DELHI, INDIA, PIN - 110077
BY ADVS.
P.SREEKUMAR (SC)
K.S.PRENJITH KUMAR (SC)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2024, ALONG WITH WP(C).28972/2023 AND CONNECTED CASES,
THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-29-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 39676 OF 2023
PETITIONER:
HRIDYA DILEEP
AGED 20 YEARS
D/O DILEEP, MBB STUDENT,
GOVERNMENT MEDICAL COLLEGE, KANNUR,
RESIDING AT PARVANNAM ETHIYELIL HOUSE,
THAMARACHAL, KIZHAKKAMBALAM PO,
ERNAKULAM, PIN - 683562
BY ADVS.
P.CHANDRASEKHAR
P.B.SUNEER
ANOOP KRISHNA
C.RAMAN
ANAND SANKAR
REGIMOL M.K.
RESPONDENTS:
1 NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR-8, DWARKA,
PHASE-1, NEW DELHI
REPRESENTED BY ITS DIRECTOR.,
PIN - 110077
2 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS)
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE PO, THRISSUR,
PIN - 680596
3 THE BOARD OF ADJUDICATION FOR STUDENTS GRIEVANCES
KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS),
MEDICAL COLLEGE PO, THRISSUR,
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-30-
PIN - 680596
4 THE PUBLIC RELATION OFFICER
KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS),
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE PO, THRISSUR,
PIN - 680596
5 THE PRINCIPAL
TRAVANCORE MEDICAL COLLEGE,
ANJARAKANDY PO, KANNUR, PIN - 670612
BY ADVS.
K.S.PRENJITH KUMAR, SC
SANEER P.M.
P.SREEKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2024, ALONG WITH WP(C).28972/2023 AND CONNECTED CASES,
THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
-31-
T.R. RAVI, J.
--------------------------------------------
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023 &
39676/2023
--------------------------------------------
Dated this the 24th day of May, 2024
JUDGMENT
The petitioners in all these writ petitions are medical students
studying in different Medical Colleges. They appeared for MBBS
examinations before the coming into force of the new pattern of
valuation whereby the minimum mark was fixed at 40% for a pass.
Under the earlier norms, in case of subjects having two papers, a
student has to get a minimum of 50% in aggregate (ie; both papers
together) to pass the said subject. The criteria has been amended as,
a minimum of 40% in aggregate for both papers together. Where the
exam is conducted for two papers along with the practicals, the
criteria earlier was that the candidate should obtain 50% marks
separately for the theory examination and the practical examination
to be declared as passed in the subject. This was changed as the
candidate should obtain 50% mark in aggregate and 60:40
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
(minimum) or 40:60 (minimum) in the university conducted
examinations in theory and in the practicals to be declared as passed
in the subject.
2. When WP(C) Nos.38235/2023 & 38281/2023 came up for
orders on 20.11.2023, this Court had passed an interim order
directing the NMC through its competent authority to hear the
petitioners as well as the university and arrive at a possible solution
for certain anomalies which were pointed out in the order.
Paragraphs 2 & 3 of the said order are extracted below:
"2. In the case of the petitioner in W.P.(C.)
No.38281/2023, she has appeared for all the chances which are
available and is presently out of the MBBS stream, for not
having got 50% aggregate. It is pointed out from the mark
sheets that in Human Anatomy subject which has Paper I and
Paper II and practicals, the student has obtained for Human
Anatomy Paper I, the marks 52, 48, 56, 49 in the four attempts
made and in Human Anatomy Paper II the student has
obtained 31, 51, 29, 43. It can thus be seen that as far as
Paper I is concerned the student has scored a maximum of 56
and a minimum of 48. The minimum mark itself is above the
40% which is now required and on two occasions the candidate
had more than 50% marks also. In the case of Human
Anatomy Paper II, it can be seen that the candidate has scored
above 50 in one attempt and above 40 in two attempts. If the
best marks are taken, the candidate will necessarily pass.
However, when the aggregate of 50% in the subject is applied,
the candidate falls short by one mark in one of the attempts. It
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
can also be seen that if the candidate's best marks 56 and 51
are taken in the two papers, he has scored more than 50%
aggregate which was the earlier requirement and much above
the present requirement. If the new criteria is applied on three
attempts, the candidate would have been declared as passed.
3. Coming to the prescription of 60:40 and 40:60, that
creates a further anomaly because a person who scores 59%
marks in the theory as well as in practical separately and also
obtains a 59% aggregate cannot be declared as passed
because he has not scored 60% mark in either practicals or
theory. That is, an aggregate of 50% has actually been shifted
to 60% by the present guideline which is supposedly to reduce
the requirement going by the earlier prescription of 40%.
Apparently, that is not what has been intended. It is true that if
a person gets only 40% in one part, he necessarily has to get
60% in other in order to make up for 50%. But that average
can also be a 42-58 or 41-49 or 43-57 or any of such
combinations. Apparently, it can only be a mistake because
what was intended was only a 50% aggregate."
3. The petitioner joined the MBBS course at the Travancore
Medical College, Kollam in 2022. The class for the first month of the
first-year MBBS course was conducted online. The petitioner was
allowed to sit for the 1st year MBBS examination in 2023. She failed
in all subjects though she passed the practical examinations. She did
not get sufficient marks in the theory examination to pass the
examination. She was three marks short in Human Anatomy and
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
Physiology and 8 marks short in Bio-Chemistry in the theory papers.
The 2nd respondent declared the date of the supplementary
examination within 19 days of the declaration of the results of the
regular examination, which according to the petitioner defies logic
and is irrational and unreasonable, particularly since the MCI
Graduate Regulation, 1997 as amended in 2018 provides for 90 days
between the declaration of the result of the regular examination and
the date of supplementary examination to give sufficient time to the
students to prepare for the examination. The petitioner submits that
most of the students failed in the subject Anatomy in the
supplementary 1st year MBBS examination held in May 2023. It is
submitted that though the petitioner got 154 marks in aggregate for
theory and practical examinations in Human Anatomy, as there was a
deficit in the theory papers, she was declared failed in the subject.
The NMC amended the criteria for passing the examination and as
per the amended criteria, in subjects that have two papers, the
learner must secure a minimum of 40% of marks in aggregate to
pass the subject. The petitioner submits that she had more than
50% in aggregate in the two papers of Human Anatomy and she
ought to be declared as passed in the said subject.
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
4. The petitioner is an MBBS student admitted to Kannur
Medical College. She appeared for her first professional MBBS
Degree Regular Examination (2021 admission) in February 2023.
Since she did not get the required 50% mark in aggregate in the 3
papers Human Anatomy, Physiology, and Biochemistry, she was
declared failed. In the supplementary examination conducted in May
2023, she passed the Physiology paper but failed in Human Anatomy
and Biochemistry though she scored 167 & 173 marks in the said
subjects out of 300 marks. It can be seen from Ext.P4 mark sheet
that in Human Anatomy Paper 1 & Paper 2 she had scored 53 & 45
respectively, totalling to 98, and in Bio-Chemistry Paper 1 & Paper 2,
she had scored 47 & 51 respectively, totalling to 98. Since she did
not have the minimum of 100 marks as was then required, she was
declared failed. The Competency Based Medical Education
Curriculum (CBME) guidelines which were issued by the NMC on
01.09.2023 as a corrigendum to the earlier communication dated
01.08.2023 amended the requirement of the minimum 50% mark as
a minimum 40% mark in aggregate. The amendment was brought
into force on 01.09.2023. The petitioner submits that if the
amendment was made retrospective, she would have to be declared
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
as passed in the said subjects.
WP(C) 38235/2023
5. The petitioner joined the MBBS course in the year 2020
amid Covid 19. In the first-year examination, he could not secure a
pass in the subjects. Ext.P2 is the mark sheet for the 1 st year
professional MBBS supplementary examination conducted in May
2022, which shows that the petitioner failed in all three subjects. It
can be seen that in Physiology, he scored 93 in aggregate, and in
Biochemistry he scored 98 in aggregate, and he scored the minimum
required mark in the practical for all three papers. He appeared for
the supplementary examination conducted in February 2023, wherein
also he had the minimum required marks for the practicals but did
not have the required minimum of 100 marks each in the three
papers Human Anatomy, Physiology, and Biochemistry. He has,
however, scored 40% marks in all three subjects. Here also, the
contention is that if the amended criterion is applied for the
examination which was conducted in February 2023, for which the
results were published on 10.05.2023, the petitioner would have
been declared as passed in the subjects.
6. The petitioner joined the MBBS course during the
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
academic year 2020-21 at KMCT Medical College, Mukkom,
Kozhikode. She has already made four attempts. In the 1 st year, for
Human Anatomy Paper 1, she scored 52, 48, 46 & 49 in the four
attempts, and in Human Anatomy Paper 2, she obtained 31, 51, 29,
and 43 in the four attempts. In Paper 1, she scored 56 marks
maximum and 48 marks minimum out of the four attempts, all of
which are above 40% which is the amended requirement. On two
occasions the candidate also scored more than 50% in Paper 1. In
Paper 2, the candidate had scored more than 50% in one attempt
and more than 40% in two attempts. Here again, if 40% was the
minimum she would have passed the examination. She later passed
Physiology and Bio-Chemistry papers and Human Anatomy alone
remains.
7. This writ petition has been filed by 12 students. All of
them belong to the 2021 batch of MBBS students and have
completed four attempts for the first-year professional MBBS
examination. None of them could pass the examination applying the
earlier norm of 50% minimum. They seek retrospective effect to the
corrigendum issued on 01.09.2023, whereby 40% was made the
minimum required mark. There is also a prayer for giving them a
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
mercy chance to write the upcoming 1st year professional MBBS
regular/supplementary examination 2022-23 scheduled to be
conducted in November 2023.
8. This is a writ petition filed by 95 students. All of them
belong to the 2021-22 batch of MBBS in different medical colleges.
The prayer in the writ petition is to permit the petitioners to continue
with the studies along with the regular second-year batch of
professional MBBS 2021-22 after qualifying the 1 st year professional
MBBS examination supplementary, which was to be held in 2023.
The prayer in this writ petition is a little different from the prayers in
the other writ petitions. However, there is a prayer for applying
Ext.P15 corrigendum dated 01.09.2023 for the petitioners' batch of
2021-22 also, which would enable them to pass the examination.
9. The NMC has filed a counter affidavit in WP(C)
No.29884/2023. It was stated that the Under Graduate Medical
Education Board (UGMEB) had published a public notice on
23.06.2023 publishing a draft of Competency-Based Medical
Education Guidelines (CBME guidelines for short) inviting comments
from the stakeholders. After considering the comments/suggestions
received from the public, the UGMEB, in the exercise of powers under
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
Sections 10, 24, 25 & 57 of the National Medical Commission Act
2019, published the CBME guidelines by notification dated
01.08.2023. The guidelines have been produced as Ext.R1(b). As
per Ext.R1(b) guidelines, the criteria for passing an examination in a
subject which has two papers, the learner must secure a minimum of
50% marks in aggregate both papers together. Ext.R1(b) specifically
says that the guidelines will be effective from 01.08.2023. It is the
said guideline which was varied by Ext.P10 corrigendum which was
issued on 01.09.2023 and made effective from 01.08.2023, which is
the date of Ext.R1(b). It is by the corrigendum, that the 50% mark
was made 40%. The counter affidavit says that the intention of the
rule makers that guidelines were to have only prospective
application, is clear from Ext.R1(b), and the publication made on
01.09.2023 was only a corrigendum. The counter affidavit explains
the working of the guidelines in paragraph 9, which is extracted
below:
"1. In subjects that have two papers: the minimum 50% of
marks in aggregate (both papers together) to pass in the said
subject has been changed to minimum of 40% marks in
aggregate (both papers together)
2. Criteria for passing in a subject containing Theory and
Practical: A candidate shall obtain 50% marks in University
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
conducted examination separately in Theory and Practical
(practical includes practical/clinical and viva voce) has been
changed to minimum of 40% marks separately in Theory
and Practical and 50% marks in aggregate, remained same
in order to be declared as passed in that subject."
In reference to the Amended CBME Guidelines, page 58 outlines
the criteria for passing the exam as follows:
a. In scenario 1, for subjects with two papers (paper 1
and paper 2), the student must attain an aggregate of minimum
of 40% marks (combining both papers).
Example:
Subject
Paper 1 Paper 2 Total Remarks
marks
marks
41/100 39/100 80/200 or 40% Pass
30/100 45/100 75/200 or 37.5% Fail (not getting
aggregate of 40% total
in both papers, hence
declared Fail)
b. In scenaria 2, for both theory and practical
components, subjects are required to achieve a minimum of 50%
marks in aggregate AND Minimum of 40% in university conducted
examination separately in Theory and in Practical.
SUBJECT 1 : (THEORY)
PAPER 1 : 82/100
PAPER 2 : 38/100 TOTAL : 120/200=60%
PRACTICAL:
SCORE : 40/100 TOTAL : 40%
Aggregate percentage : 82+38+40=160/300=53.3%
In above example since the student has secured minimum of 40%
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
marks in theory and practical separately and 50% aggregate (both
theory and practical), hence the student will be considered PASS.
SUBJECT 2 : (THEORY)
PAPER 1 : 41/100
PAPER 2 : 40/100 TOTAL : 81/200=40.5%
PRACTICAL:
SCORE : 65/100 TOTAL : 65%
Aggregate percentage : 40+41+65=146/300=48.6%
In this example, although the student has separately fulfilled the
criteria of minimum 40% marks however he failed to attain
aggregate of 50% hence FAILED.
10. The counter affidavit further says that after the publication
of the guidelines, queries were received from various stakeholders as
to the retrospectivity of Ext.R1(b). It is stated that the UGMEB had
issued a public notice on 03.10.2023 stating that retrospective effect
cannot be given. Ext.R1(c) is the copy of the said public notice. It is
hence submitted that the petitioners in all these cases, who have
taken the examination before the publication of Ext.R1(b) guidelines,
cannot seek the benefit of the guidelines. It is asserted in the
counter affidavit that the crucial date for claiming benefits as per
Ext.R1(b) guidelines is the date when the examinations commenced
and not the date on which the results are published.
11. Sri P. Chandrasekhar, appearing for the writ petitioners in
two of the writ petitions contended that inequity is a ground for
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
justifying interference by this Court in the exercise of its jurisdiction
under Article 226 of the Constitution of India. Reliance was placed on
the judgment of this Court in Vijayan P. vs. State of Kerala and
others [2020(5) KHC 76] in support of the said contention. The
above case relates to the restoration of "bought-in" land to the
original owner. The judgment was rendered on a specific finding that
the sale that was conducted by the Government was without
following the procedure prescribed. The equity jurisdiction invoked in
the said judgment does not in any manner interfere with policy
decisions or with decisions of the expert body. The principles laid
down therein cannot be applied to the facts of this case. The Counsel
also relied on the judgments of the Hon'ble Supreme Court in
A.P.Pollution Control Board vs. Prof.M.V.Nayudu(Retd.) and
others 1999(2) SCC 718 and M.I.Builders Pvt.Ltd v. Radhey
Shyam Sahu and others 1999(6) SCC 464, to submit that bad
governance can also be a ground for interference under Article 226.
It is submitted that the amendment was brought about to the
valuation method after a detailed study, which itself shows that what
was prevailing earlier was not wholesome and the new criteria were
more scientific. The contention is that when the NMC which is the
rule-making body itself was convinced about the manifest
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
arbitrariness in the earlier method, resulting in bringing about the
change, there was no reason for not making the said change
applicable retrospectively, at least to those students whose tuition
was seriously affected by the Covid pandemic. It is submitted that
more importance is now given to practical knowledge. It is submitted
that when the authorities do not correct themselves, the Court must
step in.
12. Sri Sanal Kumar, representing the petitioners in some of the
writ petitions submitted in addition that classifying students who
appeared for examination after the amendment as a separate class is
impermissible. Reliance is placed on the judgment of the Court of
Appeals in Associated Provincial Picture Houses Limited v.
Wednesbury Corporation [1948 (1) KB 223], to submit that the
Court can interfere (i) if a decision is arrived at taking into account
matters which ought not to have taken into account, (ii) if the
authority refused to take into account or neglected to take into
account matters which ought to have been taken into account and
(iii) if the conclusion arrived at is so unreasonable that no reasonable
authority could ever have come to such a conclusion. It is submitted
that the Court in such cases, is not interfering as an appellate
authority but as a judicial authority, that is concerned to see if the
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
authority concerned has contravened the law or acted in excess of
the powers that the Parliament has conferred on it. The Counsel
relied on the decision in D.S.Nakara and others v. Union of India
1983(1) SCC 305, wherein a Constitution Bench of the Hon'ble
Supreme Court had held that restricting the benefit of liberalized
pension to pensioners who retired from service after a particular date
was bad in law, to submit that the liberalized valuation has to be
extended to all the students uniformly and cannot be restricted to
students who wrote the examination after the date of introduction of
the amended criteria. Reliance is also placed on the decision of a
Division Bench of this Court in Saumya Ann Thomas v. Union of
India [2010(1) KLT 869], wherein this Court had read down the
mandatory minimum period of separate residence of 2 years
stipulated in the Divorce Act, 1869 as one year, to bring it in
conformity with the provisions of the other laws to avoid the vice of
unconstitutionality. The counsel hence prays that the applicability of
the amended criteria of evaluation must be extended to all the
students uniformly.
13. The decision of the Hon'ble Supreme Court in
Independent Thought V. Union of India and Another [(2017)
10 SCC 800] is also relied on to submit the requirement to read
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
down the provision. The Hon'ble Supreme Court in the said decision
was concerned with the classification of the age of 15 to 18 years to
decriminalise rape committed on a wife of that age. The dictum laid
down in the said decision cannot be applied to a case relating to
laying down of norms for passing an examination, by the competent
authority. The counsel relied on the judgment in Delhi Transport
Corporation V. D.T.C. Mazdoor Congress and Others (1991
Supp (1) SCC 600) where again, the Hon'ble Supreme Court had
struck down a provision for termination of service of permanent
employees of public/semi-Government undertaking only on one
month's notice or pay in lieu of notice without any enquiry.
Reference is made to the minority decision in the above judgment,
wherein the Court considered the situations in which a provision can
be read down. The dictum laid down in the said judgment also
cannot be applied to the facts of these cases. Yet another decision
that is relied on was the decision of a Constitutional Bench of the
Hon'ble Supreme Court in Navtej Singh Johar and Others V.
Union of India [(2018) 10 SCC 1], wherein the Hon'ble Supreme
Court considered the constitutionality of Section 377 of the Indian
Penal Code. Reference was made to paragraphs 366 & 369 of the
said judgment. The said judgment also cannot have any bearing on
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
the issue that is involved in the cases before me.
14. Adv.Sri Sivakumar appearing for the petitioners in some of
the writ petitions endorsed the arguments advanced by the counsel
for the petitioners in the other cases. The counsel elaborately took
me through the difficulties faced by the students who were all
admitted during the covid pandemic and were affected since they
could not get sufficient tuition. It is submitted that neither were the
examinations conducted as per the calendar nor were the
supplementary examinations conducted as per the guidelines. It is
submitted that the criteria for passing was amended after a critical
analysis of the situation and is now competency-based. It is
submitted that the very name of the guidelines suggests that the
thrust is on competency-based medical education and it is submitted
that if the authorities felt that the amended criteria are more apt for
testing the students, there is no reason why the same could not be
applied in the case of all the students uniformly.
15. The counsel for the NMC submitted that the first exam of a
series of examinations will be the relevant date to fix the applicability
of the revised norms. It is further submitted that the guidelines are
not for valuation alone and they deal with the appointment of
examiners and several other factors. It is submitted that the
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
decision is taken by an expert body who is competent to take the
decision and there is no scope for any judicial review of such
decisions. The counsel for the University also submitted that giving
retrospectivity to the decision would be irrational since it would lead
to a situation where the University will have to re-do the evaluation
process of the entire earlier batches who have still not completed the
course and decide whether they have passed or failed the
examination over again.
16. I have considered the arguments advanced by the counsel
for the petitioners and the respondents. It may be true that the
petitioners are all persons who were affected by Covid pandemic and
could not undergo a regular course. However, the fact remains that
such a difficulty existed throughout India and was not particular to a
few colleges. It is settled law that in academic matters, the Courts
will be loath to interfere. In University Grants Commissions V.
Neha Anil Bobde (2013 10 SCC 519), the Hon'ble Supreme
Court held as follows:
"31. We are of the view that, in academic matters, unless
there is a clear violation of statutory provisions, the regulations
or the notification issued, the courts shall keep their hands off
since those issues fall within the domain of the experts. This
Court in University of Mysore v. C.D. Govinda Rao [AIR 1965
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
SC 491] , Tariq Islam v. Aligarh Muslim University [(2001) 8
SCC 546 : 2002 SCC (L&S) 1] and Rajbir Singh
Dalal v. Chaudhary Devi Lal University [(2008) 9 SCC 284 :
(2008) 2 SCC (L&S) 887] , has taken the view that the court
shall not generally sit in appeal over the opinion expressed by
the expert academic bodies and normally it is wise and safe for
the courts to leave the decision of the academic experts who
are more familiar with the problem they face, than the courts
generally are. UGC as an expert body has been entrusted with
the duty to take steps as it may think fit for the determination
and maintenance of standards of teaching, examination and
research in the university. For attaining the said standards, it is
open to UGC to lay down any "qualifying criteria", which has a
rational nexus to the object to be achieved, that is, for
maintenance of standards of teaching, examination and
research. The candidates declared eligible for Lectureship may
be considered for appointment as Assistant Professors in
universities and colleges and the standard of such a teaching
faculty has a direct nexus with the maintenance of standards of
education to be imparted to the students of the universities and
colleges. UGC has only implemented the opinion of the experts
by laying down the qualifying criteria, which cannot be
considered as arbitrary, illegal or discriminatory or violative of
Article 14 of the Constitution of India."
17. The Hon'ble Supreme Court in Praneeth K and Others
V. University Grants Commission and Others [(2021) 14 SCC
241] had reiterated the law in this regard. The paragraph referred
to above was quoted with approval. The underlying principle in all
these judgments is that when the responsibility for maintaining
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
standards of education has been vested in a body, the standards
fixed by the said body should not ordinarily be interfered with by the
courts in the exercise of the power of judicial review. The expert
academic bodies who are more familiar with the problems of higher
education should be entrusted with the duty to take such steps as
they may think fit for determination and maintenance of the
standards of teaching/education and research and it is not for the
court to sit in appeal over such decisions.
18. Keeping in mind the limited role available with the writ
Court, I shall consider the impact of decisions that have been
referred to by the counsel for the petitioners. As already stated, the
judgment in Vijayan (supra), Navtej Singh Johar (supra), Delhi
Transport Corporation (supra) and Independent Thought
(supra) cannot be applied to the fact situation. The judgments in
A.P. Pollution Control Board (Supra) & M.I. Builders (supra)
can be applied only if this Court finds that there is an element of bad
governance in applying the revised valuation criteria prospectively. I
do not think that there is bad governance involved in these cases.
The expert body had, after a re-look into the valuation criteria, made
certain amendments. To hold that the amendment would apply to all
students who are undergoing the MBBS course which extends for
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
more than 4 years will necessarily be unreasonable. The norms
cannot be applied to the students who have already taken the
examinations and whose results have already been announced. That
would mean a re-doing of the entire exercise which was done earlier.
This Court in exercise of its extraordinary jurisdiction under Article
226 of the Constitution of India cannot create chaos in the entire
country by declaring that the norms will be applied retrospectively.
This Court cannot remedy every hardship. It may be true that if the
revised criteria had been applied, several of the petitioners would
have passed their examinations earlier. However, that cannot be a
reason to say that the respondents have gone wrong in implementing
the revised guidelines prospectively. As held by the Hon'ble Supreme
Court in Neha Anil Bobde (supra) and other cases, this Court must
keep its hands off since the issue falls within the domain of experts.
The decisions regarding bad governance cannot hence be applied in
these cases. The Court, not being an expert body to decide on the
standards of education and examination, is also not competent to
determine whether there is any Wednesbury unreasonableness
involved in the actions of the respondents. The petitioners do not
have a case that the decision to liberalise the evaluation criteria itself
is unreasonable. They are only aggrieved since the liberalised
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
scheme is not being made applicable in their cases. As already
observed, this Court cannot direct retrospective operation of the
guidelines and create chaos. When a retrospective operation cannot
be declared, necessarily it follows that the benefit cannot be
extended to the petitioners before this Court alone. Unlike the choice
of a date for implementation of the beneficial pension scheme, as in
D.S. Nakara (supra), the issue involved in these cases is a
refixation of the standards for examination. The refixation of the
standard, merely because it is more liberalised, does not lead to a
situation that it should be made applicable to all the students who
are undergoing the studies. There is nothing unreasonable in fixing a
date for implementation of the liberalised scheme. The decision in
Soumya Ann (supra) also cannot be applied to the facts of these
cases. That was a case where this Court held that fixing a
mandatory minimum period of separate residence differently for
persons belonging to different communities cannot be justified under
Article 14 of the Constitution of India. Such a fact situation does not
arise in these cases. It is difficult to conclude that there is any
discrimination between the petitioners and other students who
appear for the examination after the introduction of the amended
criteria.
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
19. This Court had in the interim order which has been
extracted above pointed out certain inconsistencies in the amended
criteria since the petitioners in these cases are not persons to whom
the amended criteria can be applied. I do not think a general
direction is called for in these writ petitions. However, this Court is of
the opinion that the NMC needs to apply its mind to the aspects
pointed out, particularly concerning the specification of 60:40 and
40:60 which can lead to undesirable results, and make necessary
corrections, if so required. Since the counsel for the University
submitted that they are not following the said prescriptions nothing
further needs to be said on the said issue.
In the result, these writ petitions fail and are dismissed.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
APPENDIX OF WP(C) 28972/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE
NATIONAL MEDICAL COMMISSION ACT, 2019 DATED
08.08.2019
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE
"PROSPECTUS FOR ADMISSION TO PROFESSIONAL
DEGREE COURSES 2021" WHICH IS APPROVED VIDE
G.O (MS)NO. 269/2021/HEDN. DATED 25.05.2021
Exhibit P3 A TRUE COPY OF THE CIRCULAR IN FILE NO.
NMC/US(NMC)/2022/74/008324 DATED 01/02/2022
Exhibit P4 A TRUE COPY OF THE G.O.(RT) NO.
294/2022/H&FWD DATED 07.02.2022
Exhibit P5 A TRUE COPY OF THE CIRCULAR NO.
U.11026/1/2022-UGMEB REGARDING THE
IMPLEMENTATION OF NEW CBME FOR THE
UNDERGRADUATE COURSE CURRICULUM DATED
31.03.2022
Exhibit P5(2) A TRUE COPY OF THE GUIDELINES FOR
IMPLEMENTATION OF THE NEW CBME COURSE
CURRICULUM FOR MBBS BATCH 2021-22 ADMITTED
IN FEB MARCH 2022
Exhibit 5(3) A TRUE COPY OF THE ACADEMIC CALENDER FOR
MBBS BATCH (2021-22) ADMITTED IN FEB-MARCH
Exhibit 5(4) A TRUE COPY OF THE MONTHWISE SCHEDULE FOR
NEW CBME COURSE FOR MBBS BATCH 2021-22
JOINED IN FEB-MARCH 2022
Exhibit P6 A TRUE COPY OF THE CIRCULAR BEARING NO. U.
11026/1/2022-UGMEB DATED 31.03.2022 ISSUED
BY THE PRESIDENT, NMC
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
Exhibit P7 A TRUE COPY OF THE TIMETABLE OF THE "FIRST
PROFESSIONAL MBBS DEGREE
REGULAR/SUPPLEMENTARY EXAMINATIONS FEBRUARY
2023" DATED 21-01-2023
Exhibit P8 A TRUE COPY OF THE TIMETABLE OF THE "FIRST
PROFESSIONAL MBBS DEGREE SUPPLEMENTARY
(SAY) EXAMINATIONS MAY 2023 DATED
17.05.2023
Exhibit P9 A TRUE COPY OF THE TENTATIVE EXAMINATION
CALENDER 2022-23 ISSUED BY THE 2ND
RESPONDENT - NMC
Exhibit P10 A TRUE COPY OF THE RESULT NOTIFICATION
BEARING NO. 2022/42475/1/B1/EXMED/KUHS
ISSUED BY THE 1ST RESPONDENT UNIVERSITY
DATED 10.05.2023
Exhibit P11 A TRUE COPY OF THE ORDER BEARING UO NO.
926/2021/ACADEMIC/KUHS DATED 16.11.2021
ISSUED BY THE 1ST RESPONDENT
Exhibit P12 A TRUE COPY OF THE RESULT NOTIFICATION OF
THE FIRST PROFESSIONAL SUPPLEMENTARY
EXAMINATION (SAY) MAY 2023 BEARING NO :
2023/15527/1/B1/EXMED/KUHS ISSUED BY THE
1ST RESPONDENT UNIVERSITY DATED 03.07.2023
Exhibit P13 A TRUE COPY OF THE REPRESENTATION SENT BY
PETITIONER NO. 1 TO 16 TO THE RESPONDENT
Exhibit P13(2) A TRUE COPY OF THE REPRESENTATIONS SENT BY
THE PETITIONERS NO. 1 TO 16 TO THE
Exhibit P13(3) A TRUE COPY OF THE REPRESENTATIONS SENT BY
THE PETITIONERS NO. 1 TO 16 TO THE
Exhibit 13(4) A TRUE COPY OF THE REPRESENTATIONS SENT BY
THE PETITIONERS NO. 1 TO 16 TO THE
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
Exhibit P14 THE COMMUNICATION/NOTIFICATION ALONG WITH
THE RELEVANT PAGES OF THE CBME CURRICULUM
ISSUED BY THE 5TH RESPONDENT DATED
01.08.2023 BEARING NO. U.14021/8/2023-UGMEB
Exhibit P15 A TRUE COPY OF THE CORRIGENDUM DATED
01.09.2023 ISSUED BY THE 5TH RESPONDENT
BEARING BEARING NO. U.14021/8/2023-UGMEB
Exhibit P16 A TRUE COPY OF THE REPRESENTATION SENT BY
THE 17TH PETITIONER TO THE 2ND RESPONDENT
Exhibit P16(A) A TRUE COPY OF THE REPRESENTATION SENT BY
THE 17TH PETITIONER TO THE 5TH RESPONDENT
Exhibit P17 THE PUBLIC NOTICE BEARING NO.
U/14021/8/2023 ISSUED BY THE 5TH RESPONDENT
DATED 03.10.2023
Exhibit P18 A TRUE COPY OF THE FAQ PUBLISHED IN THE
OFFICIAL WEBSITE OF NMC
Exhibit P19 A TRUE COPY OF THE REPLY RECEIVED TO THE
RTI APPLIED BY ONE OF THE STUDENTS FROM THE
1ST RESPONDENT UNIVERSITY REGARDING THE
ANSWER KEY OF THE SAY EXAMINATION HELD ON
MAY 2023 DATED 19.08.2023
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
APPENDIX OF WP(C) 29884/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF NEET SCORE OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE PETITIONER'S SECONDARY
SCHOOL EXAMINATION CLASS 10 GRADE SHEET CUM
CERTIFICATE OF PERFORMANCE
Exhibit P3 TRUE COPY OF THE SENIOR SCHOOL CERTIFICATE
EXAMINATION, 2019 ISSUED BY CBSE
Exhibit P4 TRUE COPY OF THE EXAMINATION RESULTS
PROVISIONAL OF THE PETITIONER FOR THE FIRST
PROFESSORIAL MBBS DEGREE REGULAR
EXAMINATIONS (2021 ADMISSION), FEBRUARY
Exhibit P5 TRUE COPY OF THE PUBLIC NOTICE DATED
12.10.2022 OF THE NATIONAL MEDICAL
COMMISSION
Exhibit P6 TRUE COPY OF THE FIRST PROFESSIONAL MBBS
DEGREE SUPPLEMENTARY (SAY) EXAMINATION
(2021 ADMISSION), MAY 2023 DATED 03.07.202
Exhibit P7 TRUE COPY OF THE APPLICATION DATED
06.07.2023 SUBMITTED BY THE PETITIONER TO
THE 4TH RESPONDENT
Exhibit P8 TRUE COPY OF THE ANSWER SHEET AND SCORE
CARD OF HUMAN ANATOMY PAPER I AND 11 OF
MBBS REGULAR EXAMINATION, 2023 (2021
ADMISSION)
Exhibit P9 TRUE COPY OF THE ANSWER SHEET AND SCORE
CARD OF HUMAN ANATOMY PAPER I & 11 OF 1ST
PROFESSIONAL MBBS SUPPLEMENTARY
EXAMINATION, 2023
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
Exhibit P10 TRUE COPY OF CORRIGENDUM NOTIFICATION DATED
01.09.2023 ISSUED BY THE NATIONAL MEDICAL
COMMISSION
RESPONDENTS' EXHIBITS
Exhibit R1(a) TRUE COPY OF THE RELEVANT PAGES OF THE
REGULATIONS ON GRADUATE MEDICAL EDUCATION,
Exhibit R1(b) TRUE COPY OF THE RELEVANT PAGES OF
COMPETENCY BASED MEDICAL EDUCATION
GUIDELINES DATED 01.08.2023
Exhibit R1(c) TRUE COPY OF PUBLIC NOTICE NO.
U/14021/8/2023-UGMEB DATED 03.10.2023
ISSUED BY THE UNDER GRADUATE MEDICAL
EDUCATION BOARD
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
APPENDIX OF WP(C) 35266/2023
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE CIRCULAR
NO.136/2020/AC1/MED/A1/KUHS DATED
18/01/2021
Exhibit P2 A TRUE COPY OF THE CIRCULAR IN FILE NO.
NMC/US(NMC)/2022/74/008324 DATED
01/02/2022
Exhibit P3 A TRUE COPY OF THE CIRCULAR NO.
U.11026/1/2022-UGMEB REGARDING THE
IMPLEMENTATION OF NEW CBME FOR THE
UNDERGRADUATE COURSE CURRICULUM DATED
31.03.2022
Exhibit P3(2) A TRUE COPY OF THE GUIDELINES FOR
IMPLEMENTATION OF NEW CBME COURSE
CURRICULUM FOR MBBS BATCH 2021-22 ADMITTED
IN FEB MARCH 2022
Exhibit P3(3) A TRUE COPY OF THE ACADEMIC CALENDER FOR
MBBS BATCH (2021-22) ADMITTED IN FEB-MARCH
Exhibit P3(4) A TRUE COPY OF THE MONTHWISE SCHEDULE FOR
NEW CBME COURSE FOR MBBS BATCH 2021-22
JOINED IN FEB-MARCH 2022
Exhibit P4 A TRUE COPY OF THE CIRCULAR BEARING NO. U.
11026/1/2022-UGMEB DATED 31.03.2022 ISSUED
BY THE 6TH RESPONDENT ATTESTED BY ITS
PRESIDENT, NMC
Exhibit P5 A TRUE COPY OF THE TIMETABLE OF THE "FIRST
PROFESSIONAL MBBS DEGREE
REGULAR/SUPPLEMENTARY EXAMINATIONS
FEBRUARY 2023" DATED 21-01-2023
Exhibit P6 A TRUE COPY OF THE TIMETABLE OF THE "FIRST
PROFESSIONAL MBBS DEGREE SUPPLEMENTARY
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
(SAY) EXAMINATIONS MAY 2023 DATED
17.05.2023
Exhibit P7 A TRUE COPY OF THE TENTATIVE EXAMINATION
CALENDER 2022-23 ISSUED BY THE 1ST
RESPONDENT
Exhibit P8 A TRUE COPY OF THE RESULT NOTIFICATION
BEARING NO. 2022/42475/1/B1/EXMED/KUHS
ISSUED BY THE 1ST RESPONDENT UNIVERSITY
DATED 10.05.2023
Exhibit P9 A TRUE COPY OF THE RESULT NOTIFICATION OF
THE FIRST PROFESSIONAL SUPPLEMENTARY
EXAMINATION (SAY) MAY 2023 BEARING NO:
2023/15527/1/B1/EXMED/KUHS ISSUED BY THE
1ST RESPONDENT UNIVERSITY DATED 03.07.2023
Exhibit P10 A TRUE COPY OF THE CBME CURRICULUM ISSUED
BY THE 6TH RESPONDENT DATED 01.08.2023
BEARING NO. U.14021/8/2023-UGMEB ALONG
WITH THE RELEVANT PAGES OF THE CBME
GUIDELINES
Exhibit P11 A TRUE COPY OF THE CORRIGENDUM DATED
01/09/2023 ISSUED BY THE 6TH RESPONDENT
Exhibit P12 A TRUE COPY OF THE REPRESENTATION SENT BY
THE 1ST PETITIONER TO THE 1ST RESPONDENT
Exhibit P12(2) A TRUE COPY OF THE REPRESENTATION SENT BY
THE 1ST PETITIONER TO THE 2ND RESPONDENT
Exhibit P12(3) A TRUE COPY OF THE REPRESENTATION SENT BY
THE 1ST PETITIONER TO THE 3RD RESPONDENT
Exhibit P12(4) A TRUE COPY OF THE REPRESENTATION SENT BY
THE 1ST PETITIONER TO THE 4TH RESPONDENT
Exhibit P12(5) A TRUE COPY OF THE REPRESENTATION SENT BY
THE 1ST PETITIONER TO THE 6TH RESPONDENT
Exhibit P13 A TRUE COPY OF THE FREQUENTLY ASKED
QUESTIONS (FAQ) UPLOADED IN THE OFFICIAL
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
WEBSITE OF THE NMC REGARDING THE NEW
AMENDMENT, THAT IS, EXT.P11
Exhibit P14 THE PUBLIC NOTICE BEARING NO.
U/14021/8/2023 ISSUED BY THE 6TH
RESPONDENT DATED 03.10.2023
Exhibit P15 A TRUE COPY OF THE REPLY RECEIVED TO THE
RTI APPLIED BY ONE OF THE STUDENTS FROM
THE 1ST RESPONDENT UNIVERSITY REGARDING
THE ANSWER KEY OF THE SAY EXAMINATION HELD
ON MAY 2023
Exhibit P16(1) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 1ST PETITIONER
Exhibit P16(1)(A) A TRUE COPY OF THE SCORE SHEETS OF THE 1ST
PETITIONER
Exhibit P16(2) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 2ND PETITIONER
Exhibit P16(2)(A) A TRUE COPY OF THE SCORE SHEETS OF THE 2ND
PETITIONER
Exhibit P16(3) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 3RD PETITIONER
Exhibit 16(3)(A) A TRUE COPY OF THE SCORE SHEETS OF THE 3RD
PETITIONER
Exhibit P16(4) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 4TH PETITIONER
Exhibit P16(5) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 5TH PETITIONER
Exhibit P16(5)(A) A TRUE COPY OF THE SCORE SHEETS OF THE 5TH
PETITIONER
Exhibit P16(6) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 6TH PETITIONER
Exhibit P16(6)(A) A TRUE COPY OF THE SCORE SHEETS OF THE 6TH
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
PETITIONER
Exhibit P16(7) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 7TH PETITIONER
Exhibit P16(7)(A) A TRUE COPY OF THE SCORE SHEETS OF THE 7TH
PETITIONER
Exhibit P16(8) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 8TH PETITIONER
Exhibit P16(8)(A) A TRUE COPY OF THE SCORE SHEETS OF THE 8TH
PETITIONER
Exhibit P16(9) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 9TH PETITIONER
Exhibit P16(10) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 10TH PETITIONER
Exhibit P16(10)(A) A TRUE COPY OF THE SCORE SHEETS OF THE
10TH PETITIONER
Exhibit P16(11) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 11TH PETITIONER
Exhibit P16(12) A TRUE COPY OF THE EXAMINATION RESULT OF
THE 12TH PETITIONER
RESPONDENTS' EXHIBITS
Exhibit R5(a) TRUE COPY OF THE RELEVANT PAGES OF THE
REGULATIONS ON GRADUATE MEDICAL EDUCATION,
Exhibit R5(b) TRUE COPY OF THE RELEVANT PAGES OF
COMPETENCY BASED MEDICAL EDUCATION
GUIDELINES DATED 01.08.2023
Exhibit R5(c) TRUE COPY OF PUBLIC NOTICE NO.
U/14021/8/2023-UGMEB DATED 03.10.2023
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
ISSUED BY THE UNDER GRADUATE MEDICAL
EDUCATION BOARD
Exhibit R5(d) TRUE COPY OF THE MINUTES OF VIRTUAL
MEETING HELD ON 30.01.2024
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
APPENDIX OF WP(C) 38235/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE ASSESSMENT MODULE III
FOR UNDERGRADUATE MEDICAL EDUCATION
Exhibit P2 A TRUE COPY OF THE MARK SHEET OF THE 1ST
YEAR MBBS EXAMINATION OF THE PETITIONER
HELD IN MAY 2022 DATED 23.6.2022
Exhibit P3 A TRUE COPY OF THE EXAMINATION RESULT OF
THE PETITIONER DATED 10.5.2023
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE
COMPETENCY BASED MEDICAL EDUCATION
GUIDELINES 2023 OF THE NMC
Exhibit P5 A TRUE COPY OF THE CORRIGENDUM NOTIFICATION
Exhibit P6 A TRUE COPY OF THE PUBLIC NOTICE ISSUED BY
THE NMC DATED 3.10.2023
Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF THE
MEDICAL EDUCATION REGULATIONS, 2023 OF THE
KUHS
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
APPENDIX OF WP(C) 38281/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE ADMISSION SLIP DATED
24.11.2020
Exhibit P2 A TRUE COPY OF THE CIRCULAR DATED 29.4.2021
ISSUED BY THE REGISTRAR OF KUHS REGULATING
THE CLASSES DURING THE COVID SEASON AND
ALSO CONDUCT OF EXAMINATIONS
Exhibit P3 A TRUE COPY OF THE UPDATED GUIDE LINES
ISSUED BY THE DEAN STUDENT AFFAIRS AND
NODAL OFFICER OF THE COVID ADVISORY
COMMITTEE OF KUHS DATED 30.4,2021
Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 24.6.2021
ISSUED BY THE NODAL OFFICER, COVID JAGRATHA
SAMITHI
Exhibit P5 A TRUE COPY OF THE MARK LIST PUBLISHED ON
21.4.2022
Exhibit P6 A TRUE COPY OF THE RESULTS OF THE
EXAMINATION OF 2020 BATCH HELD IN MAY 2022
PUBLISHED ON 23.6.2022
Exhibit P7 A TRUE COPY OF THE EXAMINATION RESULTS
DATED 10.5.2023
Exhibit P8 A TRUE COPY OF THE EXAMINATION RESULTS
DATED 3.7.2023
Exhibit P9 A TRUE COPY OF THE RELEVANT PAGES OF THE
ASSESSMENT MODULE FOR UNDER GRADUATE
MEDICAL EDUCATION 2019
Exhibit P10 A TRUE COPY OF THE CIRCULAR OF THE NATIONAL
MEDICAL COMMISSION DATED 12.5.2023
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
Exhibit P11 A TRUE COPY OF THE JUDGMENT DATED 3.10.2023
Exhibit P12 A TRUE COPY OF THE RELEVANT PAGES OF THE
COMPETENEY BASED MEDICAL EDUCATION
GUIDELINES 2023 OF THE NMC
Exhibit P13 A TRUE COPY OF THE CORRIGENDUM NOTIFICATION
Exhibit P14 A TRUE COPY OF THE PUBLIC NOTICE ISSUED BY
THE NMC DATED 3.10.2023
Exhibit P15 A TRUE COPY OF THE RELEVANT PAGES OF THE
MEDICAL EDUCATION REGULATIONS, 2023 OF THE
KUH
RESPONDENTS' EXHIBITS
Exhibit R6(a) TRUE COPY OF THE RELEVANT PAGES OF THE
REGULATIONS ON GRADUATE MEDICAL EDUCATION
1997, NOTIFICATION DATED 04.03.1997
Exhibit R6(b) TRUE EXTRACT OF THE RELEVANT PAGES OF
COMPETENCY BASED MEDICAL EDUCATION
GUIDELINES DATED 01.08.2023
Exhibit R1(c) TRUE COPY OF THE PUBLIC NOTICE NO.
U/14021/8/2023-UGMEB DATED 03.10.2023
ISSUED BY THE UNDERGRADUATE MEDICAL
EDUCATION BOARD
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
APPENDIX OF WP(C) 39676/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE EXAMINATIONAL RESULTS
(PROVISIONAL) DATED 10.5.2023 ISSUED TO THE
PETITIONER BY THE 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE SCORE SHEET IN RESPECT OF
HUMAN ANATOMY PAPER I FOR FIRST
PROFESSIONAL EXAMINATION MBBS DEGREE HELD
IN FEBRUARY 2023 OF THE PETITIONER ISSUED
BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE SCORE SHEET IN RESPECT OF
HUMAN ANATOMY PAPER II FOR FIRST
PROFESSIONAL EXAMINATION MBBS DEGREE HELD
IN FEBRUARY 2023 OF THE PETITIONER ISSUED
BY THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE MARK SHEET FOR FIRST
PROFESSIONAL MBBS DEGREE SUPPLEMENTARY
EXAMINATIONS (SAY) DATED 03.07.2023 TO THE
PETITIONER BY THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE SCORE SHEET IN RESPECT OF
HUMAN ANATOMY PAPER I (SAY) EXAMINATION
ISSUED TO THE PETITIONER BY THE 2ND
RESPONDENT
Exhibit P6 TRUE COPY OF SCORE SHEET IN RESPECT OF
HUMAN ANATOMY PAPER II (SAY) EXAMINATION
ISSUED TO THE PETITIONER BY THE 2ND
RESPONDENT
Exhibit P7 TRUE COPY OF SCORE SHEET IN RESPECT OF
BIOCHEMISTRY PAPER I (SAY) EXAMINATION
ISSUED TO THE PETITIONER BY THE 2ND
RESPONDENT
WP(C) Nos.28972/2023, 29884/2023,
35266/2023, 38235/2023, 38281/2023
& 39676/2023
Exhibit P8 TRUE COPY OF SCORE SHEET IN RESPECT OF
BIOCHEMISTRY PAPER II (SAY) EXAMINATION
ISSUED TO THE PETITIONER BY THE 2ND
RESPONDENT
Exhibit P9 TRUE COPY OF THE NOTIFICATION NO.
F.NO.U/14021/8/2023-UGMEB2023 DATED
01.09.2023
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
05.09.2023 OF THE PETITIONER TO THE 2ND
RESPONDENT
RESPONDENTS' EXHIBITS
Exhibit R1(a) TRUE COPY OF THE RELEVANT PAGES OF THE
REGULATIONS ON GRADUATE MEDICAL EDUCATION,
Exhibit R1(b) TRUE COPY OF THE RELEVANT PAGES OF
COMPETENCY BASED MEDICAL EDUCATION
GUIDELINES DATED 01.08.2023
Exhibit R1(c) TRUE COPY OF PUBLIC NOTICE NO.
U/14021/8/2023-UGMEB DATED 03.10.2023
ISSUED BY THE UNDER GRADUATE MEDICAL
EDUCATION BOARD
Exhibit R1(d) TRUE COPY OF THE MINUTES OF VIRTUAL MEETING
HELD ON 30.01.2024
