Allowed

Reshma G Prasad, v. National Commission for Indian Systems of Medicine

Kerala HC30 May 2022WP(C)/17373/2022

Case brief

AI extract

What is this about?

The High Court allowed writ petitions filed by BAMS students to appear for final year examinations despite having failed earlier professionals, citing COVID restrictions as a valid ground for dispensing with strict regulatory provisions.

What did the court decide?

Directed the Controller of Examinations to disclose failed subjects to those who appeared and to register those who have not yet appeared for the Final Professional BAMS Examinations.

Reshma G Prasad, Vs National Commission for Indian… — Service and Employment | Kerala HC (2022)

¶1

W.P.C Nos.17373 of 2022

¶2

& connected cases 1

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶6

MONDAY, THE 30^TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944 WP(C) NO. 17373 OF 2022

¶7

PETITIONERS:

¶8

1 RESHMA G PRASAD, D/O. RAJENDRA PRASAD M.D..THRIVENI HOUSE, ERAMALLIKKARA P.O., THIRUVANVANDOOR, CHENGANNUR, ALAPPUZHA DISTRICT, REG: NO. 160030833.

¶9

2 KRISHNAPRIYA A.S., AGED 24 YEARS D/O. SARITHA ANIL, CHIRAYIL HOUSE, MANACADU P.O., MAVELIKKARA, ALAPPUZHA DISTRICT, PIN-690101 REG.NO. 160030821.

¶10

3 PANCHAMI S.S., AGED 25 YEARS D/O. S.K. SANTHOSH KUMAR, THEKADATHY PUTHEN VEEDU, ALTHARAMOODU KADAKKAL P.O., PIN-689501. REG: NO. 160030828.

¶11

4 VARSHA VINOD, AGED 24 YEARS D/O. MRS.SHIMI VINOD, KOLARVEETTIL HOUSE, MANALI CHUNGATHARA P.O., MALAPPURAM DISTRICT, PIN - 679334. REG: NO.160030518.

¶12

5 THABSHEERA AGED 25 YEARS D/O. SHOUKATH ALI, KUTTENGADATH HOUSE KUNDALIYOOR P.O., CHULLIAPADI, CHETUWA, THRISSUR DISTRICT, PIN680616, REG:NO:160030511.

¶13

6 THANUJA C.M., AGED 24 YEARS D/O. MOHAMMED BASHEER, CHIRAPARAMBIL HOUSE, KIZHUPPILLIKARA P.O.,THRISSUR DISTRICT, PIN-680702. REG: NO. 160030542.

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W.P.C Nos.17373 of 2022 & connected cases 2

¶15

7 SEETHU PANICKER S.K., AGED 24 YEARS S/O. S.S. SANAL KUMAR, CHITHRA KALLIPPRA NANNIYODE PACHE P.O., PIN 695562. REG: NO. 160030106. 8 ANJANA M., AGED 25 YEARS D/O. VELAYUDHAN M. B3, ALSA SPRING FIELDS, ESWARAVILASAM ROAD, COTTOM HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN- 695014. REG: NO. 160030056. 9 NIMISHA S., AGED 25 YEARS D/O. B.S. MENON, MINISHA NIVAS, MANNARAKONAM, VATTIYOORKAVU, THIRUVANANTHAPURAM, PIN 695001. REG: NO. 160030092.

¶16

10 DARSANA P.S, AGED 23 YEARS D/O. R.R.SURENDRAN, PUTHUKKATTUKARAN HOUSE, VETTIKAL PIPELINE ROAD, KEERTHY NAGAR, MANUTHY P.O., THRISSUR DISTRICT, PIN- 680651, REG: NO. 160030972.

¶17

11 KARTHIKA V., AGED 24 YEARS D/O. VIJAYAN P., NAVANEETHAM HOUSE, AKH NAGAR WEST YAKKARA, PALAKKAD DISTRICT, PIN- 678001. REG: NO. 160030978.

¶18

12 PRIYANKA.P., AGED 25 YEARS D/O. K.V. PADMA PRABHA, KRISHNA KRIPA HOUSE, PERUMBADARI P.O., MANNARAKAD, PALAKKAD 678 762, REG. NO. 160030987. 13 RASHA ZEHRA ABDUL GAFOOR, AGED 25 YEARS D/O. ABDUL GAFOOR, 'KHYRUNIVAS' POOVENCHINA, RANDATHANI, MALAPPURAM DISTRICT, 676 510, REG. NO. 160030226.

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W.P.C Nos.17373 of 2022

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& connected cases 3

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14 HANAN HAMZA, AGED 26 YEARS D/O. HAMZA, KANNANTHODI HOUSE, PUNNAKAD, KOLATHUR P.O., 679 338. 15 ANITTA JETTO, AGED 24 YEARS D/O. P.F. JETTO, POOKODAN HOUSE, ALAGAPANAGAR P.O., VENDORE, PIN-680302, REG: NO. 160030203. 16 JUSTIN M.J., AGED 24 YEARS S/O. JOSE M.J., MAROZHUKAYIL HOUSE, VAYALA P.O., KOTTAYAM DISTRICT, PIN 686587, REG: NO.1600300355. 17 KRISHNA PRASAD, E.P., AGED 24 YEARS S/O. RAJAMOHAN E.P., SREEREKHA, PONMALAM, KUTTAMATH, CHERUVATHOOR P.O., KASARAGOD DISTRICT, PIN- 671313, REG: NO. 160030358. 18 DHANASREE, AGED 26 YEARS D/O. VIJAYAN,CHATHOTH HOUSE, KALLUMUTY, IRITTY P.O., KANNUR DISTRICT, PIN 670703.REG.NO. 160030888. 19 BANU SHAHMA M., AGED 25 YEARS D/O. M.KUNHIMUHAMMED, MOYIKKAL HOUSE, VANIYAMBALAM, VANIYAMBALAM P.O., MALAPPURAM DISTRICT., PIN679339. 20 BHAVYA G. ANAND, AGED 23 YEARS DR. J GEETHANAND, JAYAVISHAR, OORAMPALLIL, MUNDAKKAL KOLLAM DISTRICT, PIN 691001. 21 ARUNKUMAR K., AGED 26 YEARS S/O. VISWANATHAN K., KALLINGATHODUY HOUSE, CHERUVAYOOR P.O., EDAVANNAPARA, MALAPPURAM DISTRICT, PIN- 673645 REG:NO.160030671. 22 ARJUN K.P., AGED 23 YEARS S/O. VASUDEVAN K.P.. DEVALAYAM HOUSE, GRHSS ROAD,

¶22

W.P.C Nos.17373 of 2022 & connected cases 4

¶23

KOTTAKKAL, MALAPPURAM DISTRICT, PIN- 676503.REG. NO.160030749.

¶24

BY ADVS. B.S.SIVAJI DHANYA SREENIVASAN

¶25

RESPONDENTS:

¶26

1 NATIONAL COMMISSION FOR INDIAN SYSTEMS OF MEDICINE, JAWAHARLAL NEHRU BHARTIYACHIKITSAAVAM HOMEOPATHY ANUSANDHANBHAVAN, 61- 65, INSTITUTIONAL AREA, JANAKPURI D'. BLOCK, NEW DELHI - 110058, REPRESENTED BY ITS SECRETARY.

¶27

2 KERALA UNIVERSITY OF HEALTH SCIENCES, MULANKUNNATHUKAVU, THRISSUR, PIN - 680596., REPRESENTED BY ITS REGISTRAR

¶28

3 THE PRINCIPAL MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE, MANNAM SUGAR MILLS P.O., PANDALAM, KERALA, PIN 689501.

¶29

4 PNNM AYURVEDA MEDICAL COLLEGE AND HOSPITAL, CHERUTHURUTHY P.O., THRISSUR, PIN- 679531.

¶30

5 THE PRINCIPAL, GOVT. AYURVEDA COLLEGE, THIRUVANANTHAPURAM PIN695001.

¶31

6 THE PRINCIPAL, SANTHIGIRI AYURVEDA MEDICAL COLLEGE, PALAKKAD DISTRICT, PIN- 678551.

¶32

7 THE PRINCIPAL, KMCT AYURVEDA MEDICAL COLLEGE, MAMPATTA, KOOLIMAD, MANASSERY, MUKKOM, PIN- 673602.

¶33

8 THE PRINCIPAL, P.N. PANICKER SOUHRUDA AYURVEDA MEDICAL COLLEGE, PARAKALIL P.O., ANANDASRAMVIA KANHANGAD, PIN 671531.

¶34

9 THE PRINCIPAL, AHALIA AYURVEDA MEDICAL COLLEGE, KOZHIPPRA, PALAKKAD PIN- 678557.

¶35

W.P.C Nos.17373 of 2022 & connected cases 5

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10 THE PRINCIPAL, SREE NAYARANA INSTITUTE OF AYURVEDIC SINDA AND RESEARCH KARIMPINPUZHA P.O., PUTHOOR KOLLAM DISTRICT, PIN- 691507.

¶37

11 THE PRINCIPAL, VPSV AYURVEDA COLLEGE, KOTTAKKALEDARIKKODE P.O., MALAPURAM DISTRICT, PIN 676503.

¶38

P.SREEKUMAR,SC,

¶39

SRI.S.MANU,SC

¶40

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).Nos.17484/2022, 17494/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶41

W.P.C Nos.17373 of 2022 & connected cases 6

¶42

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶43

PRESENT

¶44

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶45

MONDAY, THE 30^TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944 WP(C) NO. 17484 OF 2022

¶46

PETITIONERS:

¶47

1 KEERTHI V.UNNI AGED 23 YEARS D/O. RADHAKRISHNAN UNNI, POORAM HOUSE,, PAYIKUZHY, OOCHIRA P.O., KOLLAM DISTRICT, PIN- 690 526. REG. NO. 170030304.

¶48

2 GOKILA M. AGED 24 YEARS D/O. K.M.SUNDARAM, T.C., 28/1635, P.O., SRA -102B, GANESH KRIPA, FORT P.O.THIRUVANANTHAPURAM DISTRICT, PIN- 695023, REG. NO. 170030295.

¶49

3 ADITHYA S.S. AGED 23 YEARS D/O. SREEJA G.J., 'SREEJA BHAVAN', KOLLAMKONAM, VILAPIKSALA P.O., THIRUVANANTHAPURAM, PIN - 695 573, REG.NO.170030267.

¶50

4 ASWATHY S. AGED 24 YEARS D/O. ASOKAN PILLAI V.P., ASWATHY SADANAM KULOTHOOR KONAM, PUTHENKULAM P.O., KOLLAM, PIN- 691302, REG.NO. 170030287.

¶51

5 JISA JUDE AGED 24 YEARS D/O. JUDE MICHEAL, CHITTILAKKAT THEKKEKATIL, MANGAD P.O., KOLLAM, PIN- 691015, REG. NO.170030303.

¶52

6 ASWATHY VALSARAJ K.P. AGED 24 YEARS D/O. VALSARAJ, NAMBIAR CHALIL MEETHAL, ANNASSERY P.O., THALAKKULATHUR, KOZHIKODE DISTRICT, PIN673317. REG. NO. 170030286.

¶53

W.P.C Nos.17373 of 2022

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& connected cases 7

¶55

7 HARITHA G. HARI AGED 24 YEARS D/O. HARIKUAMR D., BHAGAVATHI NIVAS, MALAYAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN- 695571. REG. NO. 170030298.

¶56

8 NITHYAMOL T. AGED 24 YEARS UNNI T.M., THOTTUMKAL HOUSE, VALARA P.O., PATHAMILE, ADIMALY, IDUKKI DISTRICT, PIN-685561. REG. NO. 170030640.

¶57

9 ATHULYA K.M. AGED 24 YEARS D/O. MURALIDHARAN K.N., KARATTE HOUSE, VELIYANNOOR ROAD, KOKKALAI, THRISSUR DISTRICT, PIN- 680021. REG. NO. 170030660.

¶58

10 LABYA L. AGED 23 YEARS D/O. LALITH P.K., LAKSHMI BHAVAN, ATHIPOTTA, ATHIPOTTA POST, ALATHUR, PALAKKAD DISTRICT, PIN - 678544. REG.NO. 170030633.

¶59

11 GRACE MOLLY P.G. AGED 23 YEARS D/O. GOLY GEORGE, PULIKKOTTIL HOUSE, KANIYAMPAT ROAD, KUNNAMKULAM, THRISSUR DISTRICT, PIN- 680503, REG.NO. 170031046

¶60

12 ANAGHA S. KUMAR AGED 23 YEARS D/O. SOMAKUMAR P.K., ARAMANA HOUSE, KALPATHUR P.O., MEPPAYUR (VIA), KOZHIKODE, PIN- 673524, REG. NO. 170031037.

¶61

13 SNEHA RAJESH AGED 22 YEARS D/O. P.R. RAJESH, "ZARCHA HOUSE" NEAR KUNNAMPULLY KAVU, EZHEKKAL, MUNDUR II, PALAKKAD,PIN- 678631, REG. NO. 170031056.

¶62

14 ASHITHA A.P. AGED 24 YEARS D/O. SIVANANDAN, AP.,ANASWARAM HOUSE,

¶63

W.P.C Nos.17373 of 2022

¶64

& connected cases 8

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PUTHILLAMTHAZHEM, KOMMERI MARKAVE P.O., CALICUT - PIN- 673007. REG. NO.170030201.

¶66

15 ARJUN RAJ A.T. AGED 24 YEARS S/O. RAJ, ANNENTKATTUTHODIYIL HOUSE, KAERUMBHADHER P.O., KOUVANPADI, MALAPPURAM DISTRICT, PIN- 676301. REG. NO. 170030199.

¶67

16 SOURAV N MOHAN AGED 24 YEARS S/O N.SWARNAMOHAN, SANTHI NAGAR, HOUSING COLONY, SULTHAN BATHERRY, WAYANAD 673592, REG. NO. 160030235.

¶68

17 JYOTHISREE S. AGED 24 YEARS S/O. SUDHEER V., KUTTIPURATH HOUSE, NORTH ARYAD P.O., ALAPPUZHA PIN 688538. REG. NO. 170030769.

¶69

18 AKHILA REGHU AGED 24 YEARS D/O. REGHU A., A.R.HOUSE, 16TH MILE, THOYYAKKAL P.O., TRIVANDRUM, PIN-695317, REG. NO. 170030750

¶70

19 MAHI GOPAN AGED 24 YEARS S/O. GOPAKUMAR P.J., T.V.SADANAM, NEAR, G.M.H.S.S., TEMPLE ROAD, VARKALA, VARKALA P.O.,THIRUVANANTHAPURAM PIN - 695 141, REG. NO. 17003086.

¶71

20 SREELEKSHMI V.

¶72

AGED 24 YEARS D/O.V.SUDHARSANA PILLAI, KOCHUPARAMBIL HOUSE, CHENNITHALA SOUTH P.O., MAVELIKKARA, ALAPUZHA, PIN690105, REG.NO. 170030113.

¶73

21 NUSHEERA UMMER.K.K. AGED 24 YEARS D/O UMMER.K.K, KARIKKUZHYYAN HOUSE, RIPPON P.O, PUTHUKKAD, WAYANAD-673 577, REG. NO. 160030094.

¶74

W.P.C Nos.17373 of 2022

¶75

& connected cases 9

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22 GOKUL RAJENDRAN AGED 24 YEARS S/O. N. RAJENDRAN, SWATHI, T.C.NO.54/1768, PMRAC49, PAPPANAMCODE P.O., THIRUVANANTHAPURAM, PIN695018. REG.NO. 170030429

¶77

23 VISHNUPRIYA S. AGED 23 YEARS D/O. V.G.SUDHAKARAN, VALLIATTU HOUSE, NAYATHODE P.O., ANGAMALY, ERNAKULAM DISTRICT, PIN- 683572.REG . NO. 170030455.

¶78

24 RAKHI SATHEESAN AGED 24 YEARS D/O SATHEESAN, NIKATHUTHARA, EDAVANAKKAD, ILLATHUPADY, ERNAKULAM, DT.682502. REG. NO.170030443.

¶79

25 VISHNU VIJAYAN AGED 23 YEARS S/O. VIJAYAN V.B., VADAKKEVEEDU, KADAVANTH ROAD, N.PARAVUR P.O., ERNAKULAM DISTRICT, PIN- 683513, REG. NO. 170030178.

¶80

26 VISAKH REGHU AGED 24 YEARS S/O REGHU, MOLEKKUDI PUTHENPURA, MARKET. P.O, MUVATTUPUZHA, ERNAKULAM DT.686673. REG. NO.170030177.

¶81

27 MOHAMMED NIZAR.M.B. AGED 23 YEARS S/O MOHAMMED M, MOHAMMED BHAVAN, KADAMATH, LAKSHADWEEP-682556. REG. NO. 170030182.

¶82

28 RESHMA N.K. AGED 24 YEARS D/O. RAMESHAN, N.K., CHEERU NIVAS HOUSE, KEEZHAL P.O., KUTTOTH, VADAKARA, PIN-673104, REG. NO. 170030586. 29 SAHIR ABDULLA K. AGED 25 YEARS S/O RAFEEK.K.P, B.C HOUSE, NEAR G.U.P.S PADNE, KASARAGOD DT.- 671312. REG. 160031031.

¶83

W.P.C Nos.17373 of 2022 & connected cases 10

¶84

30 KRISHNA SUNIL AGED 23 YEARS D/O. SUNIL KUMAR, KURUVANGATHI HOUSE, MANALUR P.O.,THRISSUR., PIN- 680617, REG. NO. 170030865

¶85

BY ADV B.S.SIVAJI

¶86

RESPONDENT/S:

¶87

1 NATIONAL COMMISSION FOR INDIAN SYSTEMS OF MEDICINE (NCISM) JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AYAM HOMEOPATHY ANUSANTHAN BHAVAN, 61- 65, INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK, NEW DELHI - 110058, REPRESENTED BY ITS SECRETARY.

¶88

2 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU, THRISSUR, PIN - 680596.

¶89

3 THE PRINCIPAL MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE, MANNAM SUGAR MILLS P.O., PANDALAM, KERALA, PIN689501.

¶90

4 PNNM AYURVEDA MEDICAL COLLEGE AND HOSPITAL CHERUTHURUTHY P.O., THRISSUR, PIN- 679531.

¶91

5 THE PRINCIPAL AHALIA AYURVEDA MEDICAL COLLEGE, KOZHIPPRA, PALAKKAD PIN- 678557.

¶92

6 THE PRINCIPAL KMCT AYURVEDA MEDICAL COLLEGE, MAMPATTA, KOOLIMAD, MANASSERY, MUKKOM, PIN- 673602.

¶93

7 THE PRINCIPAL SREE NAYARANA INSTITUTE OF AYURVEDIC SINDA AND RESEARCH KARIMPINPUZHA P.O., PUTHOOR KOLLAM DISTRICT, PIN- 691507.

¶94

W.P.C Nos.17373 of 2022

¶95

& connected cases 11

¶96

8 THE PRINCIPAL GOVT. AYURVEDA COLLEGE, AYURVEDA COLLEGE JUNCTION, M.G.ROAD, THIRUVANANTHAPURAM , PIN- 695001.

¶97

9 THE PRINCIPAL P.N. PANICKER SOUHRUDA AYURVEDA MEDICAL COLLEGE, PARAKALIL P.O., ANANDASRAM VIA KANHANGAD, PIN671531.

¶98

10 THE PRINCIPAL GOVERNMENT AYURVEDA COLLEGE, PUTHIYAKAVU, THIRUPUNITHURA, ERNAKULAM DISTRICT, PIN-672301.

¶99

11 THE PRINCIPAL MVR AYURVEDA COLLEGE, PARASSINIKADAVU P.O., KANNUR DISTRICT, PIN - 670 563.

¶100

12 THE PRINCIPAL VAIDYARATNAM AYURVEDA COLLEGE, OLLUR, THAIKKATTUSSERY, THRISSUR, PIN- 680306.

¶101

SRI.S.MANU,SC

¶102

SRI.P.SREEKUMAR,SC

¶103

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).17373/2022 AND WP(C)NO.17494 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶104

W.P.C Nos.17373 of 2022 & connected cases 12

¶105

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶106

PRESENT

¶107

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶108

MONDAY, THE 30^TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944 WP(C) NO. 17494 OF 2022

¶109

PETITIONERS:

¶110

1 SALEEKHA ABDUSSAMAD, AGED 26 YEARS D/O. ABDUL SAMAD M.T., CHAITHAMKULAM HOUSE, MANAYANTHODI, VENGARA P.O., MALAPURAM DISTRICT, PIN- 676304. REG: NO. 150031057.

¶111

2 RAIBA K., AGED 25 YEARS, D/O. BEERAVUNNI K., KONGASSERI HOUSE, POTHANOOR, POLPAKKARA P.O., EDAPPAL, MALAPPURAM DISTRICT, PIN-679576, REG: NO. 150031052.

¶112

3 ARCHANA K.P., AGED 23 YEARS, D/O. GOPINATHAN, K.P., THEKKUMKARA HOUSE, ANANTHAYOOR, VAZHAKKAD P.O., MALAPPURAM DISTRICT, PIN- 673640 REG NO. 150031024.

¶113

4 ARYA C.P., AGED 25 YEARS, D/O. RAJEEVAN K., INDRANKANDY HOUSE, MANBRA P.O., KAVINMOOLA, KANNUR DISTRICT PIN 670611, REG: NO. 140030614.

¶114

5 NAIMA O.P, AGED 25 YEARS, D/O. MOHAMMED BASHEER O.P., OZHUR PARAMBIL HOUSE, SOUTH AMARA, TIRUR, MALAPPURAM DISTRICT, PIN- 676101, REG:NO. 140030633.

¶115

6 POOJA CHEEROTH, AGED 27 YEARS D/O. PEETHAMBARAN C.G., CHEEROTH HOUSE, PANANGAD P.O., S.N. PURAM P.O., PIN 673602, REG: NO.140030637.

¶116

7 ABHILASH K.M., AGED 27 YEARS, S/O. SUBRAHMANIAN K.M., KOLLERI MANNAGOTTU, SOUPARMOLA JPISE. RAMANATTUKARA,

¶117

W.P.C Nos.17373 of 2022

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& connected cases 13

¶119

673633.REG;NO. 110030211.

¶120

8 PINKY PRABHAKARAN, AGED 28 YEARS, D/O. E.N.PRABHAKARAN, EDAKATTIL HOUSE, THAMMANIMATTAM, RAMAMANGALAM P.O., PIN 686663. REG:NO.110030352.

¶121

9 HARSHA T.K., AGED 26 YEARS, D/O. BALAN K., THIYYARKANDI HOUSE, MUTHUVANNACHA P.O., KUTTIADI, KOZHIKODE DISTRICT, PIN- 673508, REG.NO.130030862.

¶122

10 DEEPAK RAJAN, AGED 30 YEARS, S/O. THYAGARAJAN K., LETHA NIVAS, SANATHANAPURAM P.O., KALRKODE, ALAPPUZHA, PIN688003.

¶123

11 KRISHNENDU T.G., AGED 25 YEARS, D/O. GIRISH T.K., THANIYATH HOUSE, PANANGADI P.O., THRISSUR DISTRICT, PIN 680665, REG. NO. 130030868.

¶124

12 HYRUNEESA P.M., AGED 25 YEARS, D/O. MOIDU P.P., PUTHENPEDIAKKAL HOUSE, NEAR THENGIL JUMA MASJID, NANNAMUKKU P.O., MALAPPURAM DISTRICT, PIN- 679575.REG: NO. 201419854.

¶125

13 NANTHINI N., AGED 25 YEARS, D/O. NARAYANA SWAMY P., CHITTUR MAIN ROAD, NEAR GLP SCHOOL, NATTUKAL P.O., PALAKKAD DISTRICT, PIN- 678554.

¶126

14 YANISH S.M, AGED 23 YEARS, S/O. MUHAMMED K.V., K.V.HOUSE, PUTHUPPANAM, VADAKARA, KOZHIKODE DISTRICT, PIN673105, REG:NO. 150030731.

¶127

15 MOHAMMED AMEER KOONARI, AGED 27 YEARS, S/O. KUNHIMOHAMMED. KOONARI HOUSE, MUNAMBATH, OTHUKKUNGEL, MALAPPURAM DISTRICT, PIN676528 REG. NO. 130030146.

¶128

BY ADVS. B.S.SIVAJI DHANYA SREENIVASAN

¶129

W.P.C Nos.17373 of 2022 & connected cases 14

¶130

RESPONDENTS:

¶131

1 NATIONAL COMMISSION FOR INDIAN SYSTEMS OF MEDICINE, JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AYAM HOMEOPATHY ANUSANDHAN BHAVAN, 61- 65, INSTITUTIONAL AREA, JANAKPURI 'D'. BLOCK, NEW DELHI - 110058, REPRESENTED BY ITS SECRETARY.

¶132

2 KERALA UNIVERSITY OF HEALTH SCIENCES , REPRESENTED BY ITS REGISTRAR, MULANKUNNATHUKAVU, THRISSUR, PIN - 680596.

¶133

3 THE PRINCIPAL, KMCT AYURVEDA MEDICAL COLLEGE, MAMPATTA, KOOLIMAD, MANASSERY, MUKKOM, PIN- 673602.

¶134

4 PNNM AYURVEDA MEDICAL COLLEGE AND HOSPITAL,

¶135

CHERUTHURUTHY P.O., THRISSUR, PIN- 679531.

¶136

5 THE PRINCIPAL, P.N. PANICKER SOUHRUDA AYURVEDA MEDICAL COLLEGE, PARAKALIL P.O., ANANDASRAM VIA KANHANGAD, PIN 671531.

¶137

6 THE PRINCIPAL, GOVERNMENT AYURVEDA COLLEGE, PUTHIYAKAVU, THIRUPUNITHURA, ERNAKULAM DISTRICT, PIN-672 301.

¶138

7 THE PRINCIPAL, AHALIA AYURVEDA MEDICAL COLLEGE, KOZHIPPRA, PALAKKAD, PIN-678 557.

¶139

8 THE PRINCIPAL, NANGELIL AYURVEDA MEDICAL COLLEGE, KOTHAMANGALAM, ERNAKULAM, PIN-686 691.

¶140

SRI.S.MANU,SC

¶141

SRI.P.SREEKUMAR,SC

¶142

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).17373/2022 AND W.P.(C) NO. 17484 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶143

W.P.C Nos.17373 of 2022 & connected cases 15

¶144

JUDGMENT

¶145

The petitioners are students pursuing their BAMS course in various colleges which are affiliated with the Kerala University of Health Sciences, the 2nd respondent herein. The petitioners in W.P.(C) No.17494/2022 have successfully cleared the 1st and 2nd professional examinations, whereas the petitioners in the other two writ petitions are yet to clear some papers of the earlier professional examinations.

¶146

The petitioners contend that due to the restrictions imposed 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. 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

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W.P.C Nos.17373 of 2022 & connected cases 16

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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.The petitioners would also rely on the judgment in W.P.(C) No.16383/2022 dated 26.5.2022 and it is contended that a sympathetic view was taken by this Court after hearing the University and the petitioners be also granted 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.Sivaji B.S., the learned counsel appearing for the petitioners and Sri. P. Sreekumar, the learned standing counsel appearing for the KUHS.

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W.P.C Nos.17373 of 2022 & connected cases 17

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The learned counsel appearing for the petitioners submitted 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 of the second professional who has passed all the subjects of first professional examination shall be allowed to appear in the third professional examination, but the student shall not be allowed to appear in the final professional

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W.P.C Nos.17373 of 2022 & connected cases 18

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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 some petitioners 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 petitioners herein, who have been pursuing their course from 2014 onwards were unaffected by

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W.P.C Nos.17373 of 2022 & connected cases 19

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COVID. This Court, taking note of the plight of the students similarly placed as the petitioners had issued directions by judgment dated 26.5.2022 in W.P. (C) No.16838/2022. I am of the view that the very same directions can be issued in the instant case as well.

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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

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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,

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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

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the Final Professional BAMS Degree Regular/Supplementary Examinations, June 2022.

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W.P.C Nos.17373 of 2022 & connected cases 20

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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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avs

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W.P.C Nos.17373 of 2022 & connected cases 21

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APPENDIX OF WP(C) 17484/2022

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PETITIONERS' EXHIBITS

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Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.2022/11808/ 1/EX AYS-A1/KUHS DATED 19.04.2022 BY 2ND RESPONDENT. Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF INDIAN MEDICINE CENTRAL COUNCIL (MINIMUM STANDARDS OF EDUCATION IN INDIAN MEDICINE) AMENDMENT REGULATIONS, 2016 PUBLISHED AS PER NOTIFICATION DATED 7.11.2016. Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF REGULATION ON BAMS COURSE ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

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RESPONDENTS' EXHIBITS

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NIL

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W.P.C Nos.17373 of 2022 & connected cases 22

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APPENDIX OF WP(C) 17494/2022

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PETITIONERS' EXHIBITS

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Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.2022/11808/1/EX AYS-A1/KUHS DATED 19.04.2022 BY 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS

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NIL

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W.P.C Nos.17373 of 2022 & connected cases 23

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APPENDIX OF WP(C) 17373/2022

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PETITIONERS' EXHIBITS:

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Exhibit P1 TRUE COPY OF THE NOTIFICATION NO. 2022/11808/1/EX AYS-AI/KUHS DATED 19.04.2022 BY 2ND RESPONDENT. Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF INDIAN MEDICINE CENTRAL COUNCIL (MINIMUM), STANDARD OF EDUCATION IN INDIAN MEDICINE), AMENDMENT REGULATIONS, 2016 PUBLISHED AS PER NOTIFICATION DATED 7.11.2016. Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF REGULATION ON BAMS COURSES ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

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RESPONDENTS' EXHIBITS

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NIL

Reshma G Prasad, v. National Commission for Indian Systems of Medicine

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Reshma G Prasad, v. National Commission for Indian Systems of Medicine

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