Citation : 2025 Latest Caselaw 5195 Ker
Judgement Date : 14 March, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946
WP(C) NO. 5593 OF 2025
PETITIONERS:
1 KARTHI KRISHNA NADH
AGED 24 YEARS, D/O K.VISWANATHAN,
NADAM, VENMANOOR, NEDUVATHOOR P.O,
KOTTARAKARA, KOLLAM, PIN - 691505.
2 MIDHUNA.S. MADHU,
AGED 24 YEARS, D/O S. MADHU, M.S NIVAS,
KOTTUKALKONAM, KATTACHALAKUZHI, KOTTUKAL,
THIUVANANTHAPURAM, PIN - 695501.
3 MEGHANA A.P
AGED 25 YEARS, D/O BALAN A.P,
AMBALAPARAMBIL, CHOOLAMAVAYAL,
KUNNAMANGALAM, KOZHIKODE, PIN - 673571.
4 VANDANA PRASAD
AGED 25 YEARS, D/O S.K PRASAD,
CHARUVILA PUTHEN VEEDU, NEELIPARAMBA,
KUTTIYERI, KANNUR, PIN - 670141.
5 K.S VIJAYALAKSHMI
AGED 25 YEARS, D/O SANTHOSH K.V,
SREESAILAM, 20 ACRE, BAISANUVALLY,
POTTENKADU P.O, UDUMBANCHOLA,
IDUKKI, PIN - 685556.
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6 SIVAKUMAR.S.S
AGED 24 YEARS, S/O SUNDRARAN,
SIVASAKTHI NIVAS, VATTAVILA,
VALIYAARTHALA, MACHEL P.O ,
THIRUVANANTHAPURAM, PIN - 695571.
7 SRUTHY.P
AGED 23 YEARS, D/O PRIYA.S,
7C 29/282(1) SAPHALYAM, LEKSHMI VILAKOM LANE,
PETTAH P.O, THIRUVANANTHAPURAM, PIN - 695024.
8 MANISH KUMAR NIRMAL
AGED 23 YEARS, S/O MADANLAL NIRMAL,
RAIGARA KI DHANI LALI, JAIPUR,
RAJASTHAN, PIN - 302027.
9 ATHIRA P.C
AGED 25 YEARS, D/O P.K CHANDRAN,
PUTHENPURAYIL, KANIYARAM, MANANTHAVADY,
WAYANAD, PIN - 670645.
10 AZFAR MUKARRAM KHAN
AGED 25 YEARS, S/O MUKARRAM KHAN,
HOUSE NO. 3058 (3), AHAMAD RAZA SOCIETY,
BAVISA FALIYA SILASSA, DADRA & NAGAR HAVELI,
PIN - 396230.
11 ASNA SITHARA K
AGED 24 YEARS, D/O ALIKOYA K,
NEAR BLOCK OFFICE, TANUR, MALAPPURAM P O,
PIN - 670645.
12 HAFIS N
AGED 24 YEARS, S/O OF ABDUL RAHIM NASARUDEEN,
THEVARAZHIKOM, VELICHIKKALA P.O ,
PALLIMON VILLAGE, KOLLAM.,
PIN - 691001.
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13 SUMITHA ANGEL MARY
AGED 25 YEARS, D/O SUNIL K.L,
KADAPPURATHIDAYIL, PATHIRAPPALLY P.O,
ALAPPUZHA, PIN - 688521.
14 MONIKA SHARMA
AGED 24 YEARS, D/O MR. RAKESH SHARMA,
HOUSE NO. 94, BHARRA, BULANDSHAHR,
UTTAR PRADESH, PIN - 245405.
15 NITHIN. G. DAS
AGED 23 YEARS, S/O HARIDASAN K,
KAKKATUMMAL, PAYIBRA P.O, KUNNAMANGALA,
KURUVATTOR, PIN - 673571.
16 KHUSHUBU UDAY SHARMA
AGED 25 YEARS, D/O UDAYA SHARMA,
SAMARAVANI SILVASSA, NEAR AMI POLYMER COMPANY,
DAMAN AND DIU, PIN - 396230.
17 MOHAMMED FAIZ P.K
AGED 24 YEARS, S/O MUHAMMED MUSTHAFA,
PARAYARU KUNDIL, MOORKANAD P.O, MOORKANAD,
MALAPPURAM, PIN - 679338.
18 SANDRA S
AGED 25 YEARS, D/O SATHEESH M, 'SANTHI',
K.G PADI, TIRUR-1, TIRUR, MALAPPURAM,
PIN - 676101.
19 MANSOOR ANSARI
AGED 24 YEARS, C/O MOHAMMED HAROON,
RAMAIPUR DISNI P.O, PAATTI DISTRICT,
PRATAPGARH, UTTER PRADESH, PIN - 230135.
20 JASMIN SHERIN N
AGED 24 YEARS, D/O MAHAMMOOD P.P,
NEELENTEVIDA, KOOTERI, PANOOR,
PANOOR P.O, KANNUR, PIN - 670692.
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21 ABIL P. B
AGED 24 YEARS, S/O P.K BHARATHAN,
‘SREEBHAVAN', VAIKOM, NADUVILE,
KOTTAYAM, PIN - 686141.
22 PRIYADARSHINI C.S
AGED 24 YEARS, C/O S C SHEKHAR, 5/190,
POTHAMMAN KOVIL STREET, SANMUGASUNDARAPURAM,
VTC: VACHAKKARAPATTI P.O, RAMASAMY RAJA NAGAR,
TAMIL NADU, PIN - 626204.
23 JOSAN JOSEPH
AGED 24 YEARS, S/O JOSEPH K.S,
NEDIYUZHATHIL, NEDUMANKANDAM, UDUMBANCHOLA,
PARATHODU, IDUKKI, PIN - 685553.
BY ADV AKHIL SURESH
RESPONDENTS:
1 NATIONAL COMMISSION FOR HOEMEOPATHY (NCH)
61-65, INSTITUTIONAL AREA, OPP. 'D' BLOCK JANAK
PURI NEW DELHI REPRESENTED BY ITS SECRETARY.,
PIN - 110058.
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., MULANKUNNATHUKAVU,
THRISSUR, REPRESENTED BY ITS REGISTRAR.,
PIN - 680592.
3 THE CONTROLLER OF EXAMINATIONS
THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE P.O., MULANKUNNATHUKAVU,
THRISSUR, PIN - 680592.
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4 SRI VIDHYADHIRAJA
HOMEOPATHIC MEDICAL COLLEGE, NEMOM P.O,
THIRUVANNATHAPURAM, PIN - 695020.
5 ATHURASRAMAM N.S.S. HOMEOPATHIC MEDICAL COLLEGE,
KOTTAYAM SACHIVOTHAMAPURAM P.O,
KOTTAYAM, PIN - 686532.
6 GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE
CHIRAMUKKU - MARUTHOORKADAVU RD, NEAR ATTUKAL
TEMPLE, IRANIMUTTOM, KERALA, PIN - 695009.
BY ADVS.
SRI.P. SREEKMAR
SRI.BINNY THOMAS
SRI.PREJITH KUMAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 14th day of March, 2025
The petitioners, who are final year BHMS students,
have approached this Court seeking to command the
respondents to conduct an additional supplementary
examination for the second year BHMS Course in February,
2025, enabling students to clear their pending subjects and
progress to the third year BHMS examination scheduled in
April, 2025.
2. The petitioners have now produced Ext.P28
communication of the Homeopathy Education Board, National
Commission for Homeopathy addressed to the Registrar of
Kerala University of Health Sciences, requiring the Registrar
that all the examinations of BHMS (Degree Course) for the
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students who shall be admitted for BHMS (Degree Course) from
the commencement of the academic session (2015-2016) must
be conducted as per the Homeopathy (Degree Course)
Amendment Regulations, 2015 of the Central Council for
Homeopathy (CCH).
3. Standing Counsel representing respondents 2
and 3 submits that in view of Ext.P28 communication, the
University will be conducting a supplementary examination by
the end of April or in the month of May.
In view of the stand so taken by the University, the
reliefs sought for by the petitioners are substantially met.
Recording the submission made on behalf of the University, the
writ petition is disposed of.
Sd/-
N. NAGARESH JUDGE ams
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APPENDIX OF WP(C) 5593/2025
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 1ST PETITIONER
Exhibit P-1 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 1ST PETITIONER
Exhibit P-17 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 17TH PETITIONER
Exhibit P-2 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 2ND PETITIONER
Exhibit P-3 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 3RD PETITIONER
Exhibit P-4 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 4TH PETITIONER
Exhibit P-5 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 5TH PETITIONER
Exhibit P-6 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 6TH PETITIONER
Exhibit P-7 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 7TH PETITIONER
Exhibit P-8 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 8TH PETITIONER
Exhibit P-9 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 9TH PETITIONER
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Exhibit P-10 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 10TH PETITIONER
Exhibit P-11 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 11TH PETITIONER
Exhibit P-12 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 12TH PETITIONER
Exhibit P-13 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 13ST PETITIONER
Exhibit P-14 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 14TH PETITIONER
Exhibit P-15 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 15TH PETITIONER
Exhibit P-16 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 16TH PETITIONER
Exhibit P-17 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 17TH PETITIONER
Exhibit P-18 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 18TH PETITIONER
Exhibit P-19 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 19TH PETITIONER
Exhibit P-20 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 20TH PETITIONER
Exhibit P-21 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 21ST PETITIONER
Exhibit P-22 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 22ND PETITIONER
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Exhibit P-23 A TRUE COPY OF THE COLLEGE IDENTITY CARD AND ADHAR CARD OF THE 23RD PETITIONER
Exhibit P-24 A TRUE COPY OF THE RELEVANT PAGE OF THE EXAMINATION MANUAL WITH CLAUSE F
Exhibit P-25 A TRUE COPY OF THE REVISED TENTATIVE EXAMINATION CALENDAR AS ON 23.11.2024 FOR THE ACADEMIC YEAR 2024-25
Exhibit P-26 A TRUE COPY OF THE REPRESENTATION GIVEN BY THE 1ST PETITIONER TO THE 3RD RESPONDENT- CONTROLLER OF EXAMINATION DATED 18.12.2024
Exhibit P-27 A TRUE COPY OF THE REPRESENTATION GIVEN BY THE STUDENTS UNION OF THE 6TH RESPONDENT GOVERNMENT HOMEOPATHIC COLLEGE DATED 06.01.2025 TO THE PRINCIPAL AND THE 3RD RESPONDENT
Exhibit P28 A TURE COPY OF THE COMMUNICATION RECEIVED FROM THE 1ST RESPONDENT NATIONAL COMMISSION FOR HOEMEOPATHY (NCH), DATED 24.02.2025
RESPONDENT ANNEXURES
Annexure R-2(a) TRUE COPY OF THE RELEVANT PAGES OF THE KUHS REGULATIONS FOR BHMS (2016-17 ACADEMIC YEAR)
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