Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945 PETITIONERS:
1 ANSAN A., AGED 21 YEARS, S/O.ACHANKUNJU GEORGE, 2ND YEAR MBBS STUDENT, ROLL NO. 202110457, PUSHPAGIRI MEDICAL COLLEGE, THIRUVALLA-689 105, RESIDING AT KUTTIPARICHATHIL THEKKETHIL, PUNNAMODU, MAVELIKKARA, ALAPPUZHA DISTRICT - 690 101. 2 NAVEEN VARGHESE, AGED 23 YEARS, S/O.VARGHESE, 2ND YEAR MBBS STUDENT, ROLL NO.202112928, PUSHPAGIRI MEDICAL COLLEGE, THIRUVALLA-689 105, RESIDING AT CHRIST BHAVAN, THUMPOLY P.O, ALAPPUZHA DISTRICT - 688 008. 3 KUNCHERIA JACOB, AGED 21 YEARS, S/O.SUNIL JACOB, 2ND YEAR MBBS STUDENT, ROLL NO.210011997, PUSHPAGIRI MEDICAL COLLEGE, THIRUVALLA-689 105, RESIDING AT CHAKKALAYIL, CHAMPAKULAM P.O, ALAPPUZHA DISTRICT-688 505. 4 SONA SUNNY, AGED 21 YEARS, D/O.SUNNY JOHN, 2ND YEAR MBBS STUDENT, ROLL NO.210012037, PUSHPAGIRI MEDICAL COLLEGE, THIRUVALLA-689 105, RESIDING AT KOIPPURATH S.S VILLA, NJETTOOR, KULANADA, PATHANAMTHITTA DISTRICT, PIN-689 503. 5 ATHIL NAZAR, AGED 22 YEARS, S/O.NAZARUDEEN, 2ND YEAR MBBS STUDENT, ROLL NO.202110486, PUSHPAGIRI MEDICAL COLLEGE, THIRUVALLA-689 105, RESIDING AT PINARUVILAYIL, PALLISERICKAL, SASTHAMCOTTA P.O, KOLLAM DISTRICT, PIN - 690 521. 6 RAJESH R., AGED 32 YEARS, S/O.RAMACHANDRAN, 2ND YEAR MBBS STUDENT, ROLL NO.210010626, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011, RESIDING AT KANDASSERIL, KIZHAKETHIL, VADAKKUMTHALA P.O, KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 680 669, 7 UNNI K., AGED 22 YEARS, S/O.KARIYAN, 2ND YEAR MBBS STUDENT, ROLL NO.202112928, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011, RESIDING AT NAGAMMA HOUSE, THIRUNNELI P.O, WAYANAD DISTRICT, PIN - 670 646 8 LALITH KUMAR, AGED 24 YEARS, S/O.SURENDER KUMAR, 2ND YEAR MBBS STUDENT, ROLL NO.210010557,
GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011 RESIDING AT KISHANGARH, REWARI P.O, HARYANA, PIN-123 401 9 ASHISH MEENA, AGED 20 YEARS, S/O.HARKESH MEENA, 2ND YEAR MBBS STUDENT, ROLL NO.210010476, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 011, RESIDING AT LALSOT, DAUSA, RAJASTHAN, PIN - 303 503 BY ADV FERHA AZEEZ RESPONDENTS:
1 THE KERALA UNIVERSITY OF HEALTH AND SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE CAMPUS, THRISSUR P.O, THRISSUR DISTRICT, PIN - 680 596 2 THE VICE CHANCELLOR THE KERALA UNIVERSITY OF HEALTH AND SCIENCES, MEDICAL COLLEGE CAMPUS, THRISSUR P.O, THRISSUR DISTRICT, PIN - 680 596 3 THE CONTROLLER OF EXAMINATION, THE KERALA UNIVERSITY OF HEALTH AND SCIENCES, MEDICAL COLLEGE CAMPUS, THRISSUR P.O, THRISSUR DISTRICT, PIN - 680 596 4 THE NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS SECRETARY, POCKET-14, SECTION 8, DWARKA PHASE-1, NEW DELHI, PIN - 110 077 5 THE PRINCIPAL, PUSHPAGIRI MEDICAL COLLEGE, PUSHPAGIRI MEDICAL COLLEGE HOSPITAL, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 105 6 THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695 011 BY ADVS. P.SREEKUMAR TITUS MANI VETTOM - FOR R4 TONY GEORGE KANNANTHANAM THOMAS GEORGE(K/000407/1990) P. SREEKUMAR, STANDING COUNSEL - R1 TO R3 SRI. V.K. SUNIL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
(Dated: 26th July, 2023) The petitioners have filed this writ petition seeking the following reliefs:
(i) To call for the records leading to Ext-P11 and Ext-P12 from the Respondents and issue Writ of Certiorari or other appropriate Writ,
Order or Direction quashing Ext- P11 and P12 to the extend it denies
the entitlement of the Petitioners to appear for the 1st Year Professional MBBS Degree Supplementary (SAY) Examinations, May 2023 (2019 Scheme), before taking a decision by the 4th Respondent in Ext-P9 in compliance of the direction of this Honorable Court in Ext-P10
Judgment.
(ii) To issue a writ of mandamus or other appropriate writ, order
or direction commanding the Respondents to grant eligibility to the Petitioners to register and appear for the 1st Year Professional MBBS Degree Supplementary (SAY) Examinations, May 2023 (2019 Scheme) as per Ext-P11 and P12, taking into consideration of the exceptional scenario of the factual aspect that the requisite academic sessions could not be conducted by the Colleges as per Ext.P2 Regulations of 4th Respondent and Exts-Pl, P4 and P5 Orders of the 1st Respondent University,
(iii) To declare that the Petitioners are entitled to get grant
eligibility to the Petitioners to register and appear for the 1st Year Professional MBBS Degree Supplementary (SAY) Examinations, May 2023 (2019 Scheme) as per Ext-P11 and P12, taking into consideration of the exceptional scenario of the factual aspect that the requisite academic sessions could not be conducted by the Colleges as per Ext.P2 Regulations of 4th Respondent and Exts-P1, P4 and P5 Orders of the 1st Respondent University.
(iv) To issue a writ of mandamus or other appropriate writ,
order or direction commanding the Respondents to issue direction to
the Principals of the Colleges affiliated to the 1st Respondent University to collect examination fee from the Petitioners and to forward the details including internal examination details and attendance, thereby making the Petitioners eligible to appear for the 1st Year MBBS SAY Examination, 2023 scheduled to be conducted as per Ext P11 and Ext- P12 and to extend the last date for registration of the Examination and further extend the Examination.
(v) To issue a writ of mandamus or other appropriate writ, order
or direction commanding the Respondents to amend Ext-P11 and Ext- P12 in consonance with the directions in Ext-P10 Judgment of this Hon'ble Court and grant eligibility to the Petitioners to register and appear for the 1st Professional MBBS Supplementary Examination, 2023, after attaining pre-requisite internal marks and attendance taking into consideration of the exceptional scenario of the factual aspect that the requisite academic sessions could not be conducted by the Colleges as per Ext.2 Regulations of the 4th Respondent and Exts- P1, P4 and P5 Orders of the 1st Respondent University
(vi) To dispense with the filing of the translation of vernacular documents produced along with the above Writ Petition(Civil).
(vii) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. The petitioners are 9 in number and are studying for
MBBS course. They secured admission in February 2022 to the respective colleges. As per Ext.P2, the examination of the first professional MBBS (CBME) 2021 admission was tentatively scheduled for 13.02.2023 and SAY Examination (Supplementary) is to be conducted within three weeks from the date of publication of the Regular Exam Results.
3. The 4th respondent has introduced a new form of
supplementary examination for the first-year MBBS students who failed to pass the university examination, whereby they would get another chance to appear in a supplementary examination after the results of the regular examinations are published. On 26.05.2023, this Court passed an interim order directing the 1st respondent university to accept the examination fee from the petitioners, and if the fees are paid it was ordered that the university, as well as the respective colleges, shall forward the details of the students for the purpose of the examination and the petitioners be permitted to appear for the examination subject to the final outcome of the decision to be taken in Ext.P10 judgment. The counsel for the petitioner submits that the results are not published by the respondents though they were permitted to write the examinations. The learned counsel for the university submits that the clarification is issued by the 4 th respondent regarding the eligibility for appearing in the SAY Examination. In the light of the clarification issued by the 4th respondent, the first respondent University will verify the details and publish the results within two weeks from today. Recording the said submission, the writ petition is disposed of. Sd/- BASANT BALAJI, JUDGE ss APPENDIX OF WP(C) 16999/2023 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE CIRCULAR IN THE FILE NO: NMC/US (NMC)/2022/74/008324 DATED 01/02/2022 ISSUED BY THE 4TH RESPONDENT Exhibit-P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE TENTATIVE EXAMINATION CALENDAR 2022-23 ISSUED BY THE 4TH RESPONDENT Exhibit-P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE REGULATION ON GRADUATE MEDICAL EDUCATION 2019 ISSUED BY THE 4TH RESPONDENT Exhibit-P4 A TRUE COPY OF THE CIRCULAR NO: ISSUED BY THE 1ST RESPONDENT Exhibit-P5 THE TRUE COPY OF THE SCHEME OF EXAMINATION PUBLISHED BY THE 1ST RESPONDENT Exhibit-P6 THE TRUE COPY OF THE ORDER IN UO NO: ISSUED BY THE 1ST RESPONDENT Exhibit-P7 THE TRUE COPY OF THE JUDGMENT DATED HON'BLE COURT Exhibit-P8 THE TRUE COPY OF THE COMMUNICATION NO: ISSUED BY THE 1ST RESPONDENT TO THE PRINCIPAL OF ALL MEDICAL COLLEGES AFFILIATED UNDER KUHS Exhibit-P9 THE TRUE COPY OF THE COMMUNICATION NO: ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT Exhibit-P10 THE TRUE COPY OF THE JUDGMENT DATED HONORABLE COURT Exhibit-P11 THE TRUE COPY OF THE EXAMINATION NOTIFICATION NO.2023/15527/1/B1/EXMED/KUHS DATED Exhibit-P12 THE TRUE COPY OF THE THEORY EXAMINATION TIME TABLE DATED 17/05/2023 PUBLISHED BY THE 3RD RESPONDENT RESPONDENT ANNEXURES: Annexure R1A A true copy of the judgment dated 20/07/2023 in WP C 16050 of 2023 of the Hon'ble Court PETITIONER EXHIBITS Exhibit-P13 A TRUE COPY OF THE INTERIM ORDER DATED 19- 05-2023 IN W.P(C) NO. 16050 OF 2023 OF THIS HON'BLE COURT