Kerala High Court
Pravya Prabhakaran K vs Kerala University Of Health Sciences on 13 November, 2024
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
WP(C) NO. 38951 OF 2024
PETITIONERS:
1 SANDHRA SUDHEER
AGED 27 YEARS
D/O. SUDHEER K.V., HILL GARDENS, 3RD GATE,
PLOT NO.166, THOTTAPADY, KUTTANELLUR, THRISSUR
DISTRICT, REG NO.160030912., PIN - 680014
2 J. ARYA
AGED 24 YEARS
D/O. JANARDHANAN M.S, KALATHIL HOUSE,
KALATHAIL AVENUE WEST YAKKARA, PALAKKAD
DISTRICT, REG.NO.190031203., PIN - 678001
3 ADITHYA LAL M.
AGED 23 YEARS
D/O. MANOHARALAL, ROHINI, S.V NAGAR, 93,
PULLIYATHUMUKKU, AYATHIL, KOLLAM DISTRICT,
REG.NO.190031180., PIN - 691021
4 CHRISTY BABU
AGED 24 YEARS
D/O. BABU C.J., CHAKALAMATATH PALLAM HOUSE,
MANNUTHY, THRISSUR DISTRICT, REG.NO.190031192.,
PIN - 680651
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5 ARUSHI. J.
AGED 23 YEARS
D/O. JAYAPRAKASH K., THEKKUMCHERRY KALAM,
PULLUPARA, KALAPETTY P.O., KUZHALMANNAM,
PALAKKAD DISTRICT, REG. 190031219.,
PIN - 678702
6 APARNA RAJEEV
AGED 24 YEARS
D/O. K.K.RAJEEV, KALAPURAPARAMBIL HOUSE,
THAZHAVAMKUNNE P.O., PERUMAMKANDAM,
ERNAKULAM DISTRICT, PIN-686668.,
REG.NO.190031187, PIN - 686668
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
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
AYAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI, REPRESENTED BY ITS SECRETARY.,
PIN - 110058
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4 THE PRINCIPAL
AHALIA AYURVEDA MEDICAL COLLEGE,
KOZHIPPRA, PALAKKAD PIN- 678557.,
PIN - 678557
BY ADV
ADV KIRAN M.S., STANDING COUNSEL
ADV.BINNY THOMAS, STANDING COUNSEL
ADV V.K. SUNIL - SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH WP(C).39377/2024,
39418/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 38951 OF 2024 & CONN.CASES
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
WP(C) NO. 39377 OF 2024
PETITIONERS:
1 AMALRAJ C.
AGED 26 YEARS,
S/O.RAJAN. M., KUZHIBALODE METTA,
ANJARAKANDY P.O., KANNUR DISTRICT,
REG: NO. 160031044, PIN - 670612
2 ANAGHA SIVAN
AGED 23 YEARS
D/O. SIVAN K.P., KUZHIKATTUKUDIYILL HOUSE,
PERINGOLE KARA, KOLENCHERY P.O. ERNAKULAM
DISTRICT, REG. NO. 190030378, PIN - 682310
3 JERY VINCENT
AGED 28 YEARS
S/O. SARASAMMA K.K., ARUNIMA HOUSE,
BEHIND VYAPARA BHAVAN, MARIKKUNNU P.O.,
KOZHIKODE DISTRICT, REG: NO. 190030353,
PIN - 673012
4 ANAGHA. S.
AGED 24 YEARS
D/O. SATHYAN V.P., SOUPARNIKA,
PERUVANGOOR P.O., MAYYIL, KANNUR DISTRICT,
PIN- 670602., REG: NO.190030341, PIN - 670602
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5 ANJANA A.V.
AGED 24 YEARS
D/O. S. VARIJAKSHAN, KRISHNA KRIPA,
VAIDHYASALA NAGAR, 463A, ASRAMAM P.O.,
KOLLAM DISTRICT, REG. NO. 180031096,
PIN - 691002
6 SANDRA A.
AGED 24 YEARS
D/O. CHANDRA BABU. A., ANOTH HOUSE,
KEEZHATTOOR, KUTTIKOL. P.O., THALIPPARAMBA,
KANNUR DISTRICT, REG: NO. 180031102,
PIN - 670562
7 LAKSHMI PRIYA M.R.
AGED 23 YEARS
D/O. RAGHU M.D., MAVUMKOOTTATHIL HOUSE,
KAITHARAM P.O., KOTTUVALLY, ERNAKULAM DISTRICT,
REG. NO.190030384, PIN - 683519
8 SIMI C.H.
AGED 28 YEARS
D/O. MOHANAN C., NANDANAM, TEMPLE GATE,
THALASSERY, KANNUR DISTRICT,
REG: NO. 150030319, PIN - 670102
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MULANKUNNATHUKAVU, THRISSUR,
REPRESENTED BY ITS REGISTRAR, PIN - 680596
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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
AYAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI, REPRESENTED BY ITS SECRETARY,
PIN - 110058
4 THE PRINCIPAL
MVR AYURVEDA COLLEGE, PARASSINIKADAVU, P.O.
KANNUR DISTRICT, PIN - 670563
BY ADV
ADV KIRAN M.S. - STANDING COUNSEL
ADV.BINNY THOMAS, STANDING COUNSEL
ADV V.K. SUNIL - SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH WP(C).38951/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
WP(C) NO. 39418 OF 2024
PETITIONERS:
1 GEETHU V. MOHAN
AGED 24 YEARS
D/O. G. MOHANAN, SHARMI BHAVAN,
BHAGAVATHINADA P.O, THIRUVANANTHAPURAM,
REG.NO.190030442., PIN - 695501
2 NEHA P.S.
AGED 25 YEARS
D/O. PRATHAPAN V., RAGHAVAM, VAKKOM,
THIRUVANANTHAPURAM DISTRICT,
REG. NO.109930493, PIN - 695308
3 SARANYA. A.
AGED 26 YEARS
D/O. AMBUJAKSHAN R., CHERUKOTTU
VEEDU,CHIRAYINKEEZHU, THIRUVANANTHAPURAM
DISTRICT, REG.NO.180030074, PIN - 695304
4 ASWATHY U.S.
AGED 28 YEARS
D/O. SREEKUMAR P., PARAMESWARA VILASAM,
ELIPPANAMKONAM, KULAPPADA P.O., ARYANAD,
THIRUVANANTHAPURAM DISTRICT,
REG. NO. 190030437, PIN - 695542
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WP(C) NO. 38951 OF 2024 & CONN.CASES
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BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
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
AYAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI, REPRESENTED BY ITS SECRETARY,
PIN - 110058
4 THE PRINCIPAL
GOVERNMENT AYURVEDA COLLEGE, AYURVEDA COLLEGE
JUNCTION, M.G. ROAD, THIRUVANANTHAPURAM,
PIN - 695001
BY ADV KIRAN M.S. - STANDING COUNSEL
ADV.BINNY THOMAS, STANDING COUNSEL
ADV V.VENUGOPAL - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH WP(C).38951/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 38951 OF 2024 & CONN.CASES
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
WP(C) NO. 39445 OF 2024
PETITIONERS:
1 PRAVYA PRABHAKARAN K.
AGED 24 YEARS
D/O. PRABHAKARAN T.P., KAZHANIKOTTIL HOUSE,
CHERAKKATUPULAM P.O., VANIYAMKULAM,
PALAKKAD DISTRICT, REG. NO. 190030284,
PIN - 679522
2 ANOOJA REJI
AGED 24 YEARS
D/O. REJI K.P., KALARIKKAL HOUSE, ALPARA P.O.,
CHURULIPATHAL, KANJIKUZHY, IDUKKI DISTRICT,
REG. NO.190030268, PIN - 685606
3 ARYA VIJAYAGOPALAN
AGED 24 YEARS, D/O. VIJAYAGOPALAN A.V.,
KRISHNAKRIPA, KARAPARAMBA P.O.,
KOZHIKODE DISTRICT, REG. NO. 190030270,
PIN - 673010
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
10
RESPONDENTS:
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
AYAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI, REPRESENTED BY ITS SECRETARY.,
PIN - 110058
4 THE PRINCIPAL
VISHNU AYURVEDA MEDICAL COLLEGE,
KULAPPULLI P.O., SHORNUR, PALAKKAD DISTRICT,
PIN- 679 122, PIN - 679122
5 NATIONAL COMMISSION FOR INDIAN SYSTEM OF
MEDICINE, JAWAHAR LAL NEHRU BHARTIYA CHIKITSA
AYAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI REPRESENTED BY ITS SECRETARY,
PIN - 110058
BY ADV KIRAN M.S. - STANDING COUNSEL
ADV.BINNY THOMAS, STANDING COUNSEL
ADV V.K. SUNIL - SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH WP(C).38951/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
WP(C) NO. 39510 OF 2024
PETITIONERS:
1 VISHNUJA VIJAYAN
AGED 24 YEARS
D/O. VIJAYAN V., SREENANDANAM,
POOVAKKOTTIL HOSUE, VADAKKUMURI, KANNADI,
PALAKKAD DISTRICT, PIN - 678701
2 ABIN JOSE
AGED 25 YEARS
S/O. JOSE M.S., MACHIYANIKKAL HOUSE,
MULAKUVALLY P.O., IDUKKI DISTRICT.,
PIN - 685602
3 AMALU B. BASANTH
AGED 25 YEARS, D/O. N.S. BASANTH KUMAR,
RESIDING AT SOUPARNIKA THEKKEMURI,
EAST KALLADA P.O., KOLLAM DISTRICT,
PIN - 691502
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
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12
RESPONDENTS:
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, JAWAHARLAL NEHRU BHARTIYA CHIKITSA
AYAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI REPRESENTED BY ITS SECRETARY,
PIN - 110058
4 THE PRINCIPAL
SANTHIGIRI AYURVEDA MEDICAL COLLEGE,
OLASSERY P.O., KODUMBU,
PALAKKAD DISTRICT,
PIN - 678551
5 THE PRINCIPAL
NANGELIL AYURVEDA MEDICAL COLLEGE,
KOTHAMANGALAM, ERNAKULAM,
PIN - 686691
6 SREE NARAYANA INSTITUTE OF AYURVEDIC STUDIES
AND RESEARCH, KARIMPINPUZHA P.O.,
PUTHOOR, KOLLAM DISTRICT.,
PIN - 691513
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BY ADV KIRAN M.S. - STANDING COUNSEL
ADV.BINNY THOMAS, STANDING COUNSEL
ADV V. VENUGOPAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH WP(C).38951/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
WP(C) NO. 39586 OF 2024
PETITIONERS:
1 VIBINA K.P.
AGED 28 YEARS
D/O. VIJAYAKUMAR K.P.,
RESIDING AT KIZHAKKEPURAKKAL HOUSE,
KAVANUR P.O., MALAPPURAM DISTRICT,
PIN - 673639
2 A. JITHIN RAJ
AGED 27 YEARS
S/O. R. BABURAJAN, NEDIYAVILA VEEDU,
THAZHAUTHALA, KOTTIYAM P.O.,
KOLLAM DISTRICT, PIN - 691571
3 SYAM MOHAN K.
AGED 24 YEARS
S/O. MOHANDAS K., KIZHAKKU VEETTIL HOUSE,
KAKKUR P.O., NANMINDIA (VIA), KOZHIKODE,
PIN - 673613
4 VAISHNAV K. BIJOY
AGED 24 YEARS
S/O. K. BIJOY, RESIDING AT 'THRIVENI',
PUTHUKKADU P.O., CHAVARA, KOLLAM DISTRICT,
PIN - 691585
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WP(C) NO. 38951 OF 2024 & CONN.CASES
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BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENTS:
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
AYAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI, REPRESENTED BY ITS SECRETARY,
PIN - 110058
4 THE PRINCIPAL
VISHNU AYURVEDA MEDICAL COLLEGE, KULAPPULLI
P.O., SHORNUR, PALAKKAD DISTRICT, PIN - 679122
5 THE PRINCIPAL
SREE NARAYANA INSTITUTE OF AYURVEDIC STUDIES
AND RESEARCH, KARIMPINPUZHA P.O., PUTHOOR,
KOLLAM DISTRICT., PIN - 691513
6 THE PRINCIPAL
GOVERNMENT AYURVEDA MEDICAL COLLEGE,
PARIYARAM, KANNUR DISTRICT, PIN - 670503
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7 THE PRINCIPAL
MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE,
PANDALAM, PATHANAMTHITTA., PIN - 689501
BY ADV KIRAN M.S. - STANDING COUNSEL
ADV.BINNY THOMAS, STANDING COUNSEL
ADV V. VENUGOPAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH WP(C).38951/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
WP(C) NO. 40082 OF 2024
PETITIONERS:
1 MEHWISH.P.K.
AGED 26 YEARS
S/O. ABDUL NASAR.P.K., PERUVAN KUZHIYIL HOUSE,
IRUMBUZHI P.O., MALAPPURAM DISTRICT,
PIN - 676509
2 HARITHA VINOD N.
AGED 28 YEARS
D/O. VINOD KUMAR N., RESIDING AT THAZHATHAYI
DEVI, PALATH P.O., KOZHIKODE DISTRICT,
PIN - 673611
3 SANIKA PADMAM A.S.
AGED 23 YEARS
D/O. SANAKAN S., RESIDING AT "HARIDRAM HOUSE",
EDAGRAMAM, KAIMANAM P.O., THIRUVANANTHAPURAM,
PIN - 695040
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
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RESPONDENTS:
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
AYAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK,
NEW DELHI, REPRESENTED BY ITS SECRETARY,
PIN - 110058
4 THE PRINCIPAL
GOVERNMENT AYURVEDA COLLEGE,
M.G. ROAD, THIRUVANANTHAPURAM,
PIN - 695001
5 THE PRINCIPAL
VAIDYARATNAM AYURVEDA COLLEGE,
OLLUR, THAIKKATTUSSERY, THRISSUR,
PIN - 680306
6 THE PRINCIPAL
PN PANICKER SOUHRUDA AYURVEDA MEDICAL COLLEGE,
PARAKKAL P.O., ANANDASRAM KANHANGAD,
KANNUR DISTRICT,
PIN - 671531
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BY ADV
ADV KIRAN M.S. - STANDING COUNSEL
ADV.BINNY THOMAS, SC,
ADV. VENUGOPAL.V., G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.11.2024, ALONG WITH WP(C).38951/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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20
JUDGMENT
[WP(C) Nos.38951/2024, 39377/2024, 39418/2024,
39445/2024, 39510/2024, 39586/2024, 40082/2024]
The petitioners in all these cases, are students of BAMS in
Kerala University of Health Sciences in various Colleges affiliated
to the said University. All the said students have completed the First
and Second Professional BAMS 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 clear certain papers in the 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
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professional examination shall be allowed to appear in final
professional Examination.
3. 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
out that in the light of the Regulations of the University, which are
applicable to the petitioners in this case, the prayers sought by the
petitioners cannot be entertained.
4. 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 issued 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:
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"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 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.
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In such circumstances, this writ petition is 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 all
the examinations of the first and second professionals and registered
for the third professional supplementary examinations. It is further
clarified that these benefits shall be available only in respect of the
first attempt of the final year examinations.
With the above directions these writ petitions are disposed of.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
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APPENDIX OF WP(C) 39377/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION
NO.35715/2024/EX-AYUSH A4/KUHS (2)
DATED 09.10.2024 FOR THE FINAL
PROFESSIONAL BAMS DEGREE
REGULAR/SUPPLEMENTARY EXAMINATIONS,
NOVEMBER, 2024 TO BE HELD FROM
22.11.2024,
Exhibit P2 A TRUE COPY OF THE 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 THE RELEVANT PAGES OF
THE KUHS BAMS COURSE REGULATION 2016
ISSUED BY THE 1ST RESPONDENT
UNIVERSITY
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED
27/09/2018 IN W.P.(C) NO.29326/2018
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
APPENDIX OF WP(C) 39418/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION
NO.35715/2024/EX-AYUSH A4/KUHS (2)
DATED 09.10.2024 FOR THE FINAL
PROFESSIONAL BAMS DEGREE
REGULAR/SUPPLEMENTARY EXAMINATIONS,
NOVEMBER, 2024 TO BE HELD FROM
22.11.2024.
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
APPENDIX OF WP(C) 39445/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION
NO.35715/2024/EX-AYUSH A4/KUHS (2)
DATED 09.10.2024 FOR THE FINAL
PROFESSIONAL BAMS DEGREE
REGULAR/SUPPLEMENTARY EXAMINATIONS,
NOVEMBER, 2024 TO BE HELD FROM
22.11.2024.
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
APPENDIX OF WP(C) 39510/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION
NO.35715/2024/EX-AYUSH A4/KUHS (2)
DATED 09.10.2024 FOR THE FINAL
PROFESSIONAL BAMS DEGREE
REGULAR/SUPPLEMENTARY EXAMINATIONS,
NOVEMBER, 2024 TO BE HELD FROM
22.11.2024.
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
APPENDIX OF WP(C) 39586/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION
NO.35715/2024/EX-AYUSH A4/KUHS (2)
DATED 09.10.2024 FOR THE FINAL
PROFESSIONAL BAMS DEGREE
REGULAR/SUPPLEMENTARY EXAMINATIONS,
NOVEMBER, 2024 TO BE HELD FROM
22.11.2024
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
APPENDIX OF WP(C) 40082/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION
NO.35715/2024/EX-AYUSH A4/KUHS (2)
DATED 09.10.2024 FOR THE FINAL
PROFESSIONAL BAMS DEGREE
REGULAR/SUPPLEMENTARY EXAMINATIONS,
NOVEMBER, 2024 TO BE HELD FROM
22.11.2024.
2024:KER:85208
WP(C) NO. 38951 OF 2024 & CONN.CASES
APPENDIX OF WP(C) 38951/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTIFICATION
NO.35715/2024/EX-AYUSH A4/KUHS (2)
DATED 09.10.2024 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 A TRUE COPY OF THE RELEVANT PAGES OF
THE KUHS BAMS COURSE REGULATION 2016
ISSUED BY THE 1ST RESPONDENT
UNIVERSITY
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED
27/09/2018 IN W.P.(C) NO.29326/2018 OF
THIS HON'BLE COURT
