Allowed

Pavizham B.S v. Kerala University of Health Sciences

Kerala HC26 May 2022WP(C)/16292/2022

Case brief

AI extract

What is this about?

The High Court allowed writ petitions filed by BAMS students who failed prior professional exams due to COVID disruptions. Directing the Controller of Examinations to disclose failed subjects, permit applications, and allow fee remission to enable their appearance for the notified June 2022 final year exams as a one-time measure.

What did the court decide?

Directions to Controller of Examinations to disclose failed subjects, permit applications, and allow fee remission for the petitioners to appear for the Final Professional BAMS Degree Regular/Suppleme

Pavizham B.S Vs Kerala University of Health Sciences — Education and Admissions | Kerala HC (2022)

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W.P.(C) Nos.16292 of 2022 & connected cases 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 26^TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944 WP(C) NO. 16292 OF 2022

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PETITIONERS:

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1 PAVIZHAM B.S AGED 25 YEARS DAUGHTER OF SUNIL KUMAR S, PAVIZHAM, PARAPADARNNA,CHOWARA P.O, THIRUVANANTHAPURAM, PIN - 695501 2 AKASH B AGED 25 YEARS SON OF BAIJU, SAMANNOYA, PULLUVILAKOM, R.C STREET, NEYYATTINKARA P.O, THIRUVANANTHAPURAM, PIN - 695121 3 ABJA J KRISHNA AGED 24 YEARS DAUGHTER OF K LEELA KRISHNAN,KRISHNA SREE, MARU : SOUTH, ALUMKADAVU P. O, KARUNAGAPPALLY, KOLLAM, PIN - 690573 4 JOSIN K GEORGE AGED 27 YEARS SON OF GEORGE GERVAIS,KUTTIKATTUKUNNEL, NAMBIYAKULAM, KURUMULLOOR P.O, KANAKKARI, KOTTAYAM, PIN - 686632 5 ANJANA C.Y AGED 29 YEARS DAUGHTER OF CHANTHUKUTTY.P, CHAITHRAM, CHERIYELA, ALUMMOODU P.O, THRIKKOVILVATTOM, KOLLAM, PIN - 691577 6 NAHALA T. M AGED 27 YEARS DAUGHTER OF MUHAMMED KUNJU,THATTUPURACKAL, ERUVA P.O, KAYAMKULAM, ALAPPUZHA, PIN - 690572 7 THASLIMA BEEGUM AGED 27 YEARS DAUGHTER OF AKBER ALI A, KOMALAM, MAYAPURA HOUSE, ANDROTH ISLAND, U T OF LAKSHADWEEP, PIN – 682551

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W.P.(C) Nos.16292 of 2022 & connected cases 2

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8 RAJANI LATHA AGED 25 YEARS DAUGHTER OF RAJENDRAN PILLAI C, KUNNATHOOR HOUSE, KUTTAMPERUR, MANNAR, ALAPPUZHA,CHENGANNUR, PIN - 689623 9 ASWATHY GOPAN AGED 25 YEARS DAUGHTER OF GOPAKUMAR, KOLATHU VEEDU, KOLAM, PANMANA, CHAVARA, KOLLAM, PIN - 691583 10 JINI REJI AGED 26 YEARS DAUGHTER OF REJI K KURIAKOSE,KALLETHIRIYIL, VENKIDA, BK PURAM P.O, THIRUVANIYOOR,ERNAKULAM, PIN - 682308 11 A. R ARAVIND KRISHNA AGED 24 YEARS SON OF RAJASREE C I, RAJASHRIYAM, ARUKALICKAL WEST,NEAR AMMANKOVIL TEMPLE, ADOOR,PATHANAMTHITTA, PIN - 691523 12 ANGEL BRIGHT AGED 25 YEARS DAUGHTER OF BRIGHT A. L,1/866, SISAN, MUKKAMPALAMOODU, VATTAPPARA P. O, PANTHAPLAVU, KARAKULAM PANCHAYATH, PIN - 695028 13 AHALYA S AGED 32 YEARS DAUGHTER OF SATHEESAN G, PACHAMKULATHU, KALLUMMOODU, KAYAMKULAM P. O,KRISHNAPURAM, KARTHIKAPPALLY, ALAPPUZHA, PIN - 690502 14 BISHNU BIMAL AGED 27 YEARS SON OF BIMAL RAJ V. S, VELICAKATHU, KOTTAMKULANGARA WARD, ARYAD SOUTH(PART), AVALKUNNU, ALAPPUZHA, PIN - 688006 15 PARVATHY S NAIR AGED 26 YEARS DAUGHTER OF N. K SATHEESAN NAIR, NADUVILAMURI,PRA44, PUNNAKKAMUGAL, THIRUVANANTHAPURAM, PIN - 695032 16 JISHNU MOHAN AGED 27 YEARS SON OF N. MOHANAN PILLAI, CHANDRA VILASAM, ATTUVASSERY, KULAKKADA, KOLLAM, PIN – 691507

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W.P.(C) Nos.16292 of 2022 & connected cases 3

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17 PADMAJ CHANDRAN M. D AGED 27 YEARS SON OF MOHANACHANDRAN K. V, DEEPAM, TC 86/15501,THARA HOUSE NO - 54, AKSHARAVEEDHI LANE, PETTAH P. O, THIRUVANANTHAPURAM, PIN - 695024 18 MANU JOSHY AGED 26 YEARS SON OF P.V JOSHY, PONPANAL, THATTEKKAD, KUTTAMPUZHA, ERNAKULAM, PIN - 686681 19 MEENAKSHY KISHORE AGED 25 YEARS DAUGHTER OF DEEPA KISHORE, F1 SYAMAM, RIVER VALLEY ROAD, KANJIRAMPARA, THIRUVANANTHAPURAM, PIN - 695030 20 PRIYA RAVI E. R AGED 28 YEARS DAUGHTER OF RAVI M. N, 37 1592 B, ERIYATTU PARAMB, STP PIPE LINE ROAD, KADAVANTHRA S O, ERNAKULAM, PIN - 682020 21 SREEDHARSANA L AGED 26 YEARS DAUGHTER OF K UDAYAKUMAR, UDAYAM, PINATTINMOODU, AMBALATHUMKAL P. O, NEDUVATHOOR, KOLLAM, PIN - 691505 22 DEEPTHI C JOY AGED 24 YEARS DAUGHTER OF C. V JOY,CHERUPUSHPAM HOUSE, UDAYANAPURAM P. O, VAIKOM, KOTTAYAM, PIN - 686143 23 SARASWATHY SUNIL AGED 24 YEARS DAUGHTER OF K SUNILKUMAR,VARIYANTHARA, NADUBHAGAM, CHAMPAKULAM P.O, NEDUMUDI, ALAPPUZHA, PIN - 688505 BY ADV JOMY K. JOSE

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RESPONDENTS:

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1 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P. O, THRISSUR, PIN - 680596

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2 CONTROLLER OF EXAMINATIONS

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W.P.(C) Nos.16292 of 2022 & connected cases 4

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KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P. O,THRISSUR, PIN - 680596

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3 MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE REPRESENTED BY ITS PRINCIPAL, MANNAM SUGAR MILLS P.O PANDALAM, PATHANAMTHITTA, PIN - 689501

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4 SANTHIGIRI AYURVEDA MEDICAL COLLEGE & HOSPITAL REPRESENTED BY ITS PRINCIPAL, OLASSERY, KODUMBA, PALAKKAD, PIN - 679122

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5 VISHNU AYURVEDA COLLEGE REPRESENTED BY ITS PRINCIPAL, KULAPPULLY, SHORANUR, PALAKKAD, PIN - 679122

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6 GOVERNMENT AYURVEDA MEDICAL COLLEGE REPRESENTED BY ITS PRINCIPAL, DHANVANTRI NAGAR, THRIPPUNITHURA, ERNAKULAM, PIN - 682301

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7 VAIDYARATNAM AYURVEDA COLLEGE THRISSUR, PIN - 680306

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8 GOVERNMENT AYURVEDA MEDICAL COLLEGE THIRUVANANTHAPURAM, PIN - 695007

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9 SREE NARAYANA INSTITUTE OF AYURVEDIC STUDIES & RESEARCH PUTHOOR, KOTTARAKARA, KOLLAM, PIN - 691507 SRI P SREEKUMAR, SC, SMT ANIMA, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022, ALONG WITH W.P.C NOS.16838 OF 2022 & 16914 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.16292 of 2022 & connected cases 5

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 26^TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944 WP(C) NO. 16838 OF 2022

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PETITIONERS:

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1 ANJANA J. AGED 24 YEARS D/O JAYACHANDRAN K.T., JYOTHIRNILAYAM HOUSE, CHERAPURAM P.O., THEEKKUNI, VADAKARA, KOZHIKODE- 673 507. REGISTRATION NO. - 150030280.

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2 ASWATHI K.R., AGED 26 YEARS D/O RAJU K,. 'DREAMS', ERATTAKULANGHARA, CHITTARIPARAMBA P.O., KANNUR- 670 601. REGISTRATION NO. - 150030291.

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3 SUSRITHA K., AGED 24 YEARS D/O SREEDHARAN M. 'SREEHASAM', KAMBIL, KOLACHERY P.O., KANNUR- 670 601. REGISTRATION NO. 150030321.

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4 MOHSINA, AGED 23 YEARS D/O LATE ISMAIL KHANI RAWTHER, LUMIERE, MYLAPORE ESTATE ROAD, UMAYANLOOR P.O., KOLLAM- 691 589. REGISTRATION NO.- 150031044.

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5 JUMNA JAFAR, AGED 24 YEARS D/O JAFAR KHAN K.M. THOUFIQ MANZIL MANGARAM, KONNI P.O., PATHANAMTHITTA. REGISTRATION NO. 150031038.

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6 ASWATHY RAJ, AGED 25 YEARS D/O LATE RAJU G., EDAVEEDU HOUSE, MANIPARA P.O., IDUKKI- 685 602.

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W.P.(C) Nos.16292 of 2022 & connected cases 6

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REGISTRATION NO.- 150030690.

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7 JIPIN DAS S.M. AGED 26 YEARS S/O SATHYADAS G., POURNAMI, KAKKAMUKAL, KATTAKADA P.O., THIRUVANANTHAPURAM- 695 572. REGISTRATION NO. 140030761.

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BY ADV ARJUN S.RAJ

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RESPONDENT/S:

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1 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU, THRISSUR, PIN- 680 596.

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2 THE CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY OF HEALTH SCIENCES, MULANKUNNATHUKAVU, THRISSUR, PIN- 680 596.

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3 MVR AYURVEDA MEDICAL COLLEGE, PARASHANIKKADAVU P.O., KANNUR, PIN- 670 563. REPRESENTED BY ITS PRINCIPAL.

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4 KMCT AYURVEDA MEDICAL COLLEGE, MAMPATTA, KOOLIMAD - MANASSERY RD, P.O, MUKKAM, KERALA-673602. REPRESENTED BY ITS PRINCIPAL.

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5 P.N. PANICKER SOUHRUDA AYURVEDA MEDICAL COLLEGE, PARAKALAI, P.O., ANANDASRAM, PARAKALAI ROAD, KANHANGAD- 671 531.REPRESENTED BY ITS PRINCIPAL.

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SRI P SREEKUMAR, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022, ALONG WITH WP(C).NOS.16292 OF 2022 & 16914/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.16292 of 2022 & connected cases 7

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 26^TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944

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WP(C) NO. 16914 OF 2022

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PETITIONER:

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AMRUTHA P SIVARAM AGED 23 YEARS D/O P P SIVARAMAN, PADUKUZHIYIL (H) AMBALAMEDU PO, KUZHIKKAD, ERNAKULAM.

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BY ADV JAYADEVAN J

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RESPONDENTS:

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1 KERALA UNIVERSITY OF HEALTH SCIENCES MULANKUNNATHUKAVU, THRISSUR DISTRICT. PIN. 680596. REPRESENTED BY ITS REGISTRAR.

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2 THE PRINCIPAL, GOVERNMENT AYURVEDA MEDICAL COLLEGE, TRIPUNITHURA, ERNAKULAM- AM004, TRIPUNITHURA, ERNAKULAM-682305.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022, ALONG WITH WP(C).NOS.16292 OF 2022 & 16838/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.16292 of 2022 & connected cases 8

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JUDGMENT

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The petitioners are students pursuing their BAMS course in various colleges which are affiliated with the Kerala University of Health Sciences, the 1st respondent herein. Among the petitioners in W.P.(C) No.16838/2022, petitioners 1 and 2 have cleared the 1st and 2nd professional examinations, whereas the rest of the petitioners are yet to clear some papers of the earlier professional examinations as well. Among the petitioners in W.P.(C) No.16292/2022, except for petitioners 3, 9 and 11, all the other petitioners have cleared the 1st and 2nd professional examinations. The petitioner in W.P.(C) No.16914/2022 is a person with a disability suffering from low vision. She has failed to clear papers of the 1st and 2nd professionals as well.

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The petitioners contend that due to the restrictions imposed

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due to the pandemic, the University was not able to conduct the supplementary examination in a timely manner which prevented them from applying for and clearing the examination, which they had failed in the earlier professionals. They contend that the University has now issued a notification on 19.04.2022 notifying the conduct of the regular/ supplementary (2016 Scheme) Examinations from 1.6.2022 onwards.

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W.P.(C) Nos.16292 of 2022 & connected cases 9

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However, on the premise that the petitioners have failed to secure pass marks in the 3rd Professional, they are not being permitted to appear for the exams. It is contended that if they are not permitted to appear for the final professional, as notified, they would have to wait close to one year to appear for the next exams. The petitioners contend that they cannot solely be blamed for the failure to clear the exams as the restrictions imposed due to COVID had played spoilsport. It is contended that this Court, on an earlier occasion had occasion to consider a similar issue and had permitted the students who had failed in the earlier professionals to appear for the final professional examination. According to the learned counsel, the petitioners are similarly placed as the petitioners therein and they are entitled to the very same benefits. It is on these grounds that the petitioners have approached this Court seeking a direction to the 2nd respondent to inform the petitioners, the subjects that they have failed to clear in the Final Year BAMS Degree Supplementary Examinations so as to enable them to appear for the exams notified by the University. They have also sought for issuance of directions to the 2nd respondent to permit the petitioners to remit the fees from the date notified for remitting the fees, to enable them to appear for the exams notified to commence from 1.6.2022.

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I have heard Sri.Arjun S. Raj, Sri. Jayadevan J. and Sri. Jomy K. Jose, the learned counsel appearing for the petitioners and Sri. P.

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W.P.(C) Nos.16292 of 2022 & connected cases 10

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Sreekumar, the learned standing counsel appearing for the KUHS.

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The learned counsel appearing for the petitioners submitted

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that about 2 years were lost due to COVID and during this period, the University was not in a position to conduct the Regular as well as Supplementary Examinations. If examinations were held in a timely manner, the petitioners could have appeared for the examinations and could have cleared the same. The learned counsel would contend that the respondents are relying on the regulations to deny an opportunity to the petitioners to appear for the Final Professional. The learned counsel points out that this Court in W.P.(C) No. 14499/2016 had in the facts and circumstances directed the University to grant an opportunity to the students without adverting to the impact of the regulations. Finally, it is submitted that in identical circumstances, this Court by judgment dated 12.1.2022 in W.P.(C) No. 934/2022 had permitted students similarly placed as the petitioners to appear for the Final Professional Examinations.

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Sri. P.Sreekumar, the learned Standing Counsel appearing for the University has vehemently opposed the request. It is submitted that the Indian Medical Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016 says that the failed student

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of the second professional who has passed all the subjects of first professional examination shall be allowed to appear in the third professional

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W.P.(C) Nos.16292 of 2022 & connected cases 11

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examination, but the student shall not be allowed to appear in the final professional examination unless the student passes all the subjects of second professional examination. Furthermore, the Regulation also says that the failed student of third professional who has passed all the subjects of first and second professional examinations shall be allowed to appear in final professional examination and maximum four chances shall be given to pass third professional examination within a period of maximum three years. According to the learned counsel, only a few petitoners have cleared the 1st and 2nd professionals and only they can be granted the prayer to appear for the examinations which have been notified. The learned counsel would submit that the directions in the judgment relied on by the petitioners were issued as a One Time measure based on concessions of the University and the petitioners cannot be granted such benefits.

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I have considered the submissions. It is not disputed that the entire academic calendar during the past few years was disrupted due to COVID. This Court, taking note of the impact caused by the restrictions imposed due to the pandemic had by judgment referred above, granted relief to students like the petitioners and had permitted them to appear for the final professional. The University had fairly conceded then that they had decided, purely as a One Time measure, to permit the students to appear for the Final Professional Exams. It cannot be said that the

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W.P.(C) Nos.16292 of 2022 & connected cases 12

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petitioners herein, who have been pursuing their course from 2014 onwards were unaffected by the impact of COVID. In view of the benefit granted to similarly placed students earlier, I am of the view that the petitioners in these writ petitions can also be permitted as a One Time measure to appear for the Final Professional.

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In view of the discussion above, the petitioners are entitled to succeed. These writ petitions will stand allowed and the following directions are issued:

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a) Those students who have already appeared for the Final Year BAMS Degree Examinations and had failed to secure pass marks, shall approach the Controller of Examinations, who shall disclose the details of the subjects that the students had failed to clear for the Final Professional Examinations. On such disclosure, the said petitioners may file their application to enable them to appear for the Final Professional BAMS Degree/Supplementary Examinations to be held from 1.6.2022 onwards.

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b) Insofar as the petitioners who have not yet appeared for the Final Year BAMS Degree examinations, the Controller of Examinations, KUHS, shall permit them to register and appear for the Final Professional BAMS Degree Regular/Supplementary Examinations, June 2022.

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W.P.(C) Nos.16292 of 2022 & connected cases 13

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c) The Final Professional results shall be published only after the petitioners clear all the previous examinations.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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W.P.(C) Nos.16292 of 2022 & connected cases 14

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APPENDIX OF WP(C) 16292/2022

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PETITIONER(S) EXHIBITS:

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ExhibitP1	A TRUE COPY OF THE RELEVANT PAGES OF THE REGULATIONS, CURRICULUM AND SYLLABUS OF THE B.A.M.S. COURSE (WITH EFFECT FROM 2012-13 ADMISSION)
ExhibitP2	A TRUE COPY OF THE RELEVANT PAGES OF THE REGULATIONS, CURRICULUM AND SYLLABUS OF THE B.A.M.S. COURSE (WITH EFFECT FROM 2016-17 ADMISSION)
ExhibitP3	A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C). NO. 2411 OF 2019 DATED 04.02.2019
ExhibitP4	A TRUE COPY OF THE COMMON JUDGMENT OF THIS HON'BLE COURT IN WP(C).7393/2021 AND WP(C).8432/2021 DATED 31.03.2021
ExhibitP5	A TRUE COPY OF THE THEORY EXAMINATION TIME TABLE FOR THE FINAL PROFESSIONAL BAMS DEGREE SUPPLEMENTARY EXAMINATION (2012 SCHEME) DATED 18-6-2021
ExhibitP6	A TRUE COPY OF THE THEORY EXAMINATION TIME TABLE OF THE FINAL PROFESSIONAL BAMS DEGREE (2012 SCHEME) SUPPLEMENTARY EXAMINATION DATED 10-1-2022
ExhibitP7	A TRUE COPY OF THE COMMON JUDGEMENT IN W.P(C) NO. 30920/2021 AND CONNECTED CASES DATED 12-1- 2022
ExhibitP8	A TRUE COPY OF THE NOTIFICATION BEARING NO: 2022/11808/1/EX AYS-A1/KUHS OF THE FINAL PROFESSIONAL BAMS DEGREE SUPPLEMENTARY (2012 SCHEME) EXAMINATION JUNE 2022 NOTIFICATION ISSUED BY THE 1ST RESPONDENT UNIVERSITY DATED 19.04.2022
ExhibitP9	A TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.(C) 11145/2021 DATED 28.06.2021
RESPONDENTS'	EXHIBITS: NIL

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W.P.(C) Nos.16292 of 2022 & connected cases 15

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APPENDIX OF WP(C) 16914/2022

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PETITIONER(S) EXHIBITS:

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Exhibit P1 TRUE COPY OF ADMISSION ID CARD. Exhibit P2 TRUE COPY OF THE PERMANENT DISABILITY CERTIFICATE DATED. 04.03.2021 Exhibit P3 TRUE COPY OF PRESCRIPTION OF THE OPHTHALMOLOGIST DATED 01.07.2019 & 23.11.2019.

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Exhibit P4 TRUE COPY OF PRESCRIPTION OF THE OPHTHALMOLOGIST DATED 09.11.2019.

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Exhibit P5 TRUE COPY OF THE MARK LIST OF THE SECOND YEAR AND 3RD YEAR.

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Exhibit P6 A TRUE COPY OF THE THEORY EXAMINATION TIMETABLE OF FINAL YEAR - BAMS. Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN WPC10502/21 OF THIS HON'BLE COURT DATED 07/05/2021. Exhibit P8 TRUE COPY OF INTERIM ODER IN WPC-13465/21 OF THIS HON'BLE COURT DATED 7.7.2021.

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RESPONDENTS' EXHIBITS:

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NIL

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W.P.(C) Nos.16292 of 2022 & connected cases 16

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APPENDIX OF WP(C) 16838/2022

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PETITIONER(S) EXHIBITS:

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Exhibit P1 TRUE COPY OF RELEVANT PAGES OF THE 2012 SCHEME REGULATION OF THE IST RESPONDENT. Exhibit P2 TRUE COPY OF JUDGEMENT IN WPC NO. 934/2022 DATED 12.01.2022 OF THIS HONBLE COURT.

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Exhibit P3 TRUE COPY OF THE NOTIFICATION OF THE FINAL PROFESSIONAL BAMS DEGREE SUPPLEMENTARY EXAMINATION ( 2012 SCHEME), JUNE 2022 DATED 19.04.2022 ISSUED BY THE RESPONDENTS.

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RESPONDENT(S) EXHIBITS:

¶109

NIL

Pavizham B.S v. Kerala University of Health Sciences

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Pavizham B.S v. Kerala University of Health Sciences

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