Kerala High Court
Thanooja S Babu vs Kerala University Of Health Sciences on 15 November, 2024
WP(C) NOS.40415 & 40218 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TH
FRIDAY, THE 15 DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
WP(C) NO. 40415 OF 2024
PETITIONER/S:
THANOOJA S BABU
AGED 24 YEARS
D/O. SURESH BABU P.R., RESIDING AT PAKKENTE
VELILIYIL, ARYAD NORTH P.O., ALAPPUZHA
DISTRICT., PIN - 688538
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MULANKUNNATHUKAVU, THRISSUR, REPRESENTED BY ITS
REGISTRAR., PIN - 680596
2 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THRISSUR., PIN - 680596
3 NATIONAL COMMISSION FOR INDIAN SYSTEM OF
MEDICINE,JAWAHAR LAL NEHRU BHARTIYA CHIKITSA
AYAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65,
INSTITUTIONAL AREA, JANAKPURI ‘D'. BLOCK,
NEW DELHI, REPRESENTED BY ITS SECRETARY., PIN -
110058
WP(C) NOS.40415 & 40218 of 2024
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4 THE PRINCIPAL
PN PANICKER SOUHRUDA AYURVEDA MEDICAL COLLEGE,
PARAKKAL P.O., ANANDASRAM KANHANGAD, KANNUR
DISTRICT., PIN - 671531
OTHER PRESENT:
Adv.V.K.Sunil, Sr.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.11.2024, ALONG WITH WP(C).40218/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS.40415 & 40218 of 2024
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2024:KER:85839
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TH
FRIDAY, THE 15 DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
WP(C) NO. 40218 OF 2024
PETITIONER/S:
1 AMRITHESH K.
AGED 28 YEARS
S/O. KASINATH K.S., RESIDING AT 'SREE VIHAR',
VALLUVALLY, KOONAMMAVU P.O., ERNAKULAM
DISTRICT., PIN - 683518
2 S.S. VISHNU NARAYANAN
AGED 27 YEARS
S/O. A. SURESH KUMAR, RESIDING AT HEERA SWISS
TOWN, PINE TREE – 3C, SASTHAMANAGALAM,
THIRUVANANTHAPURAM., PIN - 695010
BY ADVS.
B.S.SIVAJI
DHANYA SREENIVASAN
RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MULANKUNNATHUKAVU, THRISSUR, REPRESENTED BY ITS
REGISTRAR., PIN - 680596
2 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY OF HEALTH SCIENCES,
MULANKUNNATHUKAVU, THRISSUR,, PIN - 680596
WP(C) NOS.40415 & 40218 of 2024
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2024:KER:85839
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
SANTHIGIRI AYURVEDA MEDICAL COLLEGE, OLASSERY
P.O., KODUMBU, PALAKKAD DISTRICT., PIN - 678551
OTHER PRESENT:
ADV.BINNY THOMAS, SC, ADV.MS.KIRAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.11.2024, ALONG WITH WP(C).40415/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS.40415 & 40218 of 2024
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2024:KER:85839
JUDGMENT
The petitioners in both these cases, are students of BAMS in
Kerala University of Health Sciences in various Colleges affiliated
to the said University. The said students have completed 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 complete certain papers in Third Professional Examinations.
2. The specific contention raised by the petitioners is by
placing reliance upon the Indian Medicine Central Council
(Minimum Standards of Education in Indian Medicine) Amendment
Regulations, 2016, in which Regulation 6(3)(c) contemplates that,
a failed student of third professional who have passed all the
subjects of first and second professional examination shall be
allowed to appear in final professional Examination.
3. However, the learned Senior Counsel appearing for the
University pointed out that, as per the Regulations of the
University, vide 1.18(d), it has been made mandatory that the
WP(C) NOS.40415 & 40218 of 2024
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students shall pass all the subjects of previous years, before
registering for final year examinations. Therefore, it was pointed
that in the light of the Regulations of the University, which is
applicable to the petitioners in this case, the prayers sought by the
petitioners cannot be entertained.
4. However, the learned counsel for the petitioners
pointed out that, the conflict between the provisions in the Indian
Medicine Central Council (Minimum Standards of Education in
Indian Medicine) Amendment Regulations, 2016 and Regulations
of the University was considered by this Court and specific
directions in this regard were passed by this Court in W.P.(C) No.
29326 of 2018. It is seen from the judgment that, in paragraph 6
thereof, the following observations and directions were made by
this Court:
"6.This Court is of the view that the Regulations of the
University can be safeguarded by allowing the students to write
the final examination without clearing the previous
examination. However, the University need not release such
results unless the students clear the previous examinations.
WP(C) NOS.40415 & 40218 of 2024
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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 the provisions in the Indian
Medicine Central Council (Minimum Standards of Education in
Indian Medicine) Amendment Regulations, 2016 and Regulations
of the University, 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 this 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
rpk
WP(C) NOS.40415 & 40218 of 2024
2024:KER:85839
APPENDIX OF WP(C) 40218/2024
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.
WP(C) NOS.40415 & 40218 of 2024
2024:KER:85839
APPENDIX OF WP(C) 40415/2024
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.
