High Court of KeralaSingle JudgeWrit petitions dismissed
Amal Nasim M. et al. v. Kerala University of Health Sciences & Others
Case / Petition Number:WP(C) No. 28714 of 2022; WP(C) No. 303 of 2023; WP(C) No. 1098 of 2023
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Sathish Ninan
- Judgment Date
- 2023-02-16
- Court Decision / Holding
- Writ petitions dismissed.
- Final Disposition
- Writ petitions dismissed
Parties to the Case
Appellants / Petitioners
- Amal Nasim M.
- Hana Shams
- Muhammed Shiras P
- Mukul Desh
- Thushar S. S.
- Deepak Kundu
- Asma Maorooof
- Aparna Siva
- Ansil Siraj PS
- Ajay Thilakan
- Akhil Arjun
- Godrin Thomas
- Shasna Shibini CK
- Shifana Sharaf
- Anupama Raj
- Prince Thomas
- Ananthakrishnan V.S.
- Adon Joseph
Respondents
- Kerala University of Health Sciences (KUHS) and affiliated institutions
- Controller of Examinations, KUHS
- Board of Adjudication of Students Grievances, KUHS
- National Medical Commission
- Union of India (Ministry of Health and Family Welfare)
- State of Kerala (Principal Secretary, Health and Family Welfare)
- Principal Government Medical College, Manjeri
- Principal Government Medical College, Kottayam
- Principal Government Medical College, Thiruvananthapuram
- Principal Azeezia Institute of Medical Science & Research
- Principal Al Azhar Medical College & Super Speciality Hospital
- Principal TD Medical College, Alappuzha
- Principal Dr. Somervell Memorial CSI Medical College, Karakonam
- Principal PK Das Institute of Medical Science, Palakkad
- Principal Sree Narayana Institute of Medical Sciences
Legal Representation & Advocates
Counsels for Petitioners
- • M.R. Abhilash
- • A. Sreepriya
- • V. Visal Ajayan
- • Sreekumar
- • Titus Mani Vettom
- • Prem Sankar
- • R. S. Manu
- • P. Sreekumar
Counsels for Respondents
- • Titus Mani Vettom
- • Manu S.
- • Roshan Jacob Mundackal
Case Synopsis & Summary
The petitioners, a group of MBBS aspirants admitted in 2019, challenge the Regulations on Graduate Medical Education (Amendment) 2019, which cap the number of attempts for the first Professional MBBS examination at four and fix a four-year ceiling for completion. They argue the Covid-19 pandemic and resultant disruptions justify another chance and that the 2019 amendments, enacted under the Indian Medical Council Act, 1956, violate their rights. The petitions rely on the Regulatory framework established by Regulations on Graduate Medical Education, 1997 as amended in 2019 and question the constitutionality of the 2019 amendment. The matter traces the legal foundation to Section 33 of the Indian Medical Council Act, 1956, and invokes precedents to contend that there is no vested right to unlimited attempts. The Delhi High Court’s reasoning upholding the regulation is cited, with the Kerala High Court concluding that the impugned regulation is not arbitrary and serves legitimate public interest. Key authorities referenced include State of Tamil Nadu v. P. Krishnamurthy, Indian Express Newspapers (Bombay) Ltd. v. Union of India, and Dental Council of India v. Biyani Shikshan Samiti, as well as Manish Kumar v. Union of India to reject the expectation of infinite chances. The petitions are ultimately dismissed, with the court emphasizing the primacy of public interest and professional standards in medical education regulation.
Provisions of Law Cited
Indian Medical Council Act, 1956 – Section 33Regulations on Graduate Medical Education, 1997 as amended by the Regulations on Graduate Medical Education (Amendment) 2019 (notified 4 November 2019)
Legal Doctrines & Maxims
- Presumption of constitutionality of subordinate legislation
- Public interest vs. individual rights in regulation of a noble profession
- No vested right to unlimited attempts in professional examinations (as per Manish Kumar v. Union of India)
- Regulatory power under statute enabling professional standards and quality control
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that the 2019 Amendment to the Regulations on Graduate Medical Education imposes an arbitrary cap of four attempts for passing the first Professional MBBS examination and limits total duration to four years, unfairly penalising those affected by the Covid-19 pandemic. They seek a fresh chance to appear for examinations or extended time, arguing that the amendment was enacted during the pandemic without adequately considering extraordinary circumstances. They rely on the 1997 Regulations under the Indian Medical Council Act, 1956 and urge that the regulation violates principles of fairness, equality, and due process. They maintain that medical education is a public service, and the policy should accommodate exceptional cases. They point to Delhi High Court judgments upholding constitutionality in similar cases and urge the Court to grant relief based on equity and potential constitutional rights.
Contentions of Respondents
The respondents defend the amendment as a legitimate exercise of regulatory power under Section 33 of the Indian Medical Council Act, 1956. They argue that medicine requires stringent controls to ensure competent professionals and protect public health, and that there is no vested right to an unlimited number of attempts. Citing State of Tamil Nadu v. P. Krishnamurthy, Indian Express Newspapers v. Union of India, and Dental Council of India v. Biyani Shikshan Samiti, they contend the regulation is not arbitrary, nor unconstitutional, and has been repeatedly upheld by the Supreme Court. They emphasize public interest, professional standards, and the government’s policy framework, particularly during the Covid-19 era, and deny any legitimate expectation of further opportunities beyond the four attempts.”
Cited Precedents (6)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of Tamil Nadu v. P. Krishnamurthy | 2006(4) SCC 517 | Positive | Cited as precedent supporting the constitutionality and regulatory authority under Section 33 of the IMC Act; affirmed that regulatory controls on professional examinations are permissible. |
| Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India | 1985(1) SCC 641 | Positive | Cited to illustrate the balance between public interest and regulatory measures; supports upholding regulations restricting examination attempts. |
| Dental Council of India v. Biyani Shikshan Samiti | 2022(6) SCC 65 | Positive | Cited to reinforce that regulatory schemes governing medical education can be constitutionally valid and non-arbitrary. |
| Rachna and Others v. Union of India | 2021(5) SCC 638 | Mentioned Only | Referenced to show that similar pleas for extra chances were declined in the Delhi High Court; not treated as binding precedent here. |
| National Board of Examinations v. G. Anand Ramamurthy | 2006(5) SCC 515 | Mentioned Only | Cited as a case where requests for additional attempts were declined; used to support the absence of a vested right to unlimited attempts. |
| Manish Kumar v. Union of India | 2021(5) SCC 1 | Positive | Held that there is no vested right to infinite chances; used to justify restricting the number of attempts. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE SATHISH NINAN**
**THURSDAY, THE 16[TH] DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944 WP(C) NO. 28714 OF 2022**
## **PETITIONERS:**
1 AMAL NASIM.M. S/O NASSAR M, AGED 22 YEARS, MULAYANKAY HOUSE, SULTHAN BATHERY WAYANAD, KERALA PIN: 673592 2 HANA SHAMS, D/O SHAMES, AGED 22 YEARS, CITADEL AZAD NAGAR, VADAKKEVILA PO,KOLLAM DISTRICT, PIN:691 010 3 MUHAMMED SHIRAS P, S/O IBRAHIM, AGED 23 YEARS, PONNANDI HOUSE,KOTTARAKKUNNU PO, VARAMBETTA, WAYANAD PIN: 670731 4 MUKUL DESH, S/O ANILKUMAR, AGED 22 YEARS, KURUKANTHARA HOUSE, POOOYAPILLY, VADAKEKARA PO,N PARAVOOR, ERNAKULAM DISTRICT, PIN:683522 5 THUSHAR SS, AGED 22 YEARS S/O ASMA,RAJEEVAM,CRA-29,TC 17/3997, NALANDA LANE,PATTOM PO,THIRUVANTHAPURAM,PIN:695004 6 DEEPAK KUNDU, AGED 22 YEARS S/O RAJKUMAR,NEAR WATER TANK, VPO, GURAITHI,ROHTAK, ROHTAK DISTRICT, HARYANA PIN:124514 7 ASMA MAOROOF, AGED 22 YEARS S/O SAJINA MAOROOF, VILAKKATHOI HOUSE, PERINTHALMANNA,MALAPPURAM DISTRICT,PIN:679322 8 APARNA SIVA, AGED 22 YEARS D/O SIVAPPU P.KANNIPURAM, MAILATTY, PANATHUR PO,KASRKODE DISTRICT, KERALA, PIN:671532 9 ANSIL SIRAJ PS, AGED 22 YEARS S/O SAJU ABDUL KHADER, VRR 94,CHIYYERAM, VALENCE,KANIMANGALAM PO,THRISSUR DISTRICT, KERALA,PIN:680027
**WP(C) NO. 28714 OF 2022 -2-**
10 AJAY THILAKAN, AGED 22 YEARS S/O AJITHA G, VETTAPARABATHU HOUSE, KALAVOOR PO, ALAPPUZHA, 688522 11 AKHIL ARJUN, AGED 22 YEARS S/O BABY, PUTHENVEETIL HOUSE, ADINADU SOUTH, KATTILKADAVU PO KARUNAGAPPALLY PIN: 690542 12 GODRIN THOMAS, AGED 22 YEARS S/O SHANCY BABY, KOCHAKUVELIYIL HOUSE, VAYALAR, ALAPUZHA KERALA PIN: 688524 13 SHASNA SHIBINI CK, AGED 22 YEARS D/O MUNEER CK, CHELAKODAN HOUSE, CHEMRAKATTOOR PO, AREEKODE, MALAPURAM PIN: 673639 14 SHIFANA SHARAF, D/O SHARAF, KARIMBALAYIL HOUSE, VAZHAPURAM PO, PALAKAD, PIN: 678595 15 ANUPAMA RAJ, D/O AJITHA KUMARI, AGED 22 YEARS, ANU BHAVAN, KODIKKONAM, KAITHODE P.O, NILAMEL KOLLAM DISTRICT, PIN:691535 16 PRINCE THOMAS, S/O THOMAS, KAPPIL HOUSE, KURUVILASSERY P.O, MALA, TRISSUR DISTRICT, KERALA,680732 BY ADVS. M.R.ABHILASH A.SREEPRIYA V.VISAL AJAYAN
## **RESPONDENTS:**
1 KERALA UNIVERSITY OF HEALTH SCIENCES MEDICAL COLLEGE POST, TRISSUR-680 596 REPRESENTED BY ITS REGISTRAR
**WP(C) NO. 28714 OF 2022 -3-**
2 THE CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE POST, TRISSUR 680 596 3 THE BOARD OF ADJUDICATION OF STUDENTS GRIEVANCES KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE POST, TRISSUR 680 596, REPRESENTED BY ITS CHAIRMAN 4 NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR 8, DWARAKA, PHASE 1, NEW DELHI 110 077
5 UNION OF INDIA MINISTRY OF HEATH, DEPARTMENT OF HEALTH AND FAMILY WELFARE 3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI - 110 001, REPRESENTED BY ITS SECRETARY 6 THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 7 THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE,MANJERI, VELLARANGAL, MANJERI, PIN:676121 8 THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE, KOTTAYAM GANDHINAGAR,AARPPOOKKARA, KOTTAYAM, PIN:686008 9 THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE, THIRUVANTHAPURAM ULLOOR, SAT HOSPITAL MEDICAL COLLAGE JUNCTION, CHALAKKUZHAI, THIRUVANTHAPURAM, PIN:695011 10 THE PRINCIPAL AZEEZIA INSTITUTE OF MEDICAL SCIENCE & RESEARCH, KOLLAM, ADICHANALLOOR, KOLLAM, PIN:691573 11 THE PRINCIPAL AL AZHAR MEDICAL COLLEGE AND SUPER SPECIALITY HOSPITAL, EZHALLOOR, THODUPUZHA,KUMARAMANGALAM,PIN:685605
**WP(C) NO. 28714 OF 2022 -4-**
12 THE PRINCIPAL TD MEDICAL COLLEGE, ALAPPUZHA VANDANAM,ALAPPUZHA DISTRICT, PIN:688005 13 THE PRINCIPAL DR. SOMERVELL MEMORIAL CSI MEDICAL COLLAGE KARAKONAM PARASSALA, VALLARADA ROAD, KARAKONAM,PIN:695504 14 THE PRINCIPAL PK DAS INSTITUTE OF MEDICAL SCIENCE, PALAKKAD, VANIYAMKULAM, OTTAPPALAM, KERALA, PIN:679522 BY ADVS. SHRI.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA MANU S., DSG OF INDIA ROSHAN JACOB MUNDACKAL
## **OTHER PRESENT:**
SHRI. TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA, SHRI. S.MANU, DSG OF INDIA, SHRI. P. SREEKUMAR, SC, KUHS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2023, ALONG WITH WP(C).303/2023, 1098/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE SATHISH NINAN**
**THURSDAY, THE 16[TH] DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944**
**WP(C) NO. 303 OF 2023**
## **PETITIONER:**
ANANTHAKRISHNAN V.S VELAMBATH HOUSE, KANNAMPALLIPURAM, CHENTRAPPINNI P.O., THRISSUR DISTRICT, PIN - 680687
BY ADVS. S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE PETER JOSE CHRISTO S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K. ABHIRAMI K. UDAY
## **RESPONDENTS:**
1 KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR-680596, REPRESENTED BY ITS REGISTRAR. 2 THE CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, PIN - 680596 3 THE BOARD OF ADJUDICATION OF STUDENT'S GRIEVANCES KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, PIN 680596, REPRESENTED BY ITS CHAIRMAN. 4 NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR 8, DWARAKA, PHASE 1, NEW DELHI, PIN - 110077 5 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HEATH, DEPARTMENT OF HEALTH AND FAMILY WELFARE, 3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI, PIN - 110001
**WP(C) NO. 303 OF 2023 -2-**
6 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 7 PRINCIPAL SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES, CHALAKKA, MANJALI, ERNAKULAM DISTRICT, PIN - 683594 BY ADVS. SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES TITUS MANI VETTOM PREMSANKAR R S.MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2023, ALONG WITH WP(C).28714/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE SATHISH NINAN**
**THURSDAY, THE 16[TH] DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944**
**WP(C) NO. 1098 OF 2023**
## **PETITIONER:**
ADON JOSEPH AGED 23 YEARS, S/O T.A. JOSEPH, THUNDATHIL HOUSE, KALAVOOR P.O., ALAPPUZHA, PIN - 688522 BY ADVS. A.BALAGOPALAN M.S.IMTHIYAZ AHAMMED P.SEENA RALITZINE MENDEZ
## **RESPONDENTS:**
|1|KERALA UNIVERSITY OF HEALTH SCIENCES,|
|---|---|
||MEDICAL COLLEGE POST, TRISSUR, PIN – 680596, REPRESENTED BY|
||ITS REGISTRAR.|
|2|THE CONTROLLER OF EXAMINATIONS,|
||KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE POST,|
||TRISSUR, PIN - 680596|
|3|THE BOARD OF ADJUDICATION OF STUDENTS GRIEVANCES,|
||KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE POST,|
||TRISSUR, PIN – 680596,REPRESENTED BY ITS CHAIRMAN|
|4|NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS SECRETARY|
||POCKET 14, SECTOR 8, DWARAKA, PHASE 1, NEW DELHI, PIN -|
||110077|
|5|UNION OF INDIA, MINITSTRY OF HEALTH, DEPARTMENT OF HEALTH AND|
||FAMILY WELFARRE,|
||3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI, PIN|
||– 110001, REPRESENTED BY ITS SECRETARY|
|6|STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY,|
||DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT|
||SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001|
**WP(C) NO. 1098 OF 2023 -2-**
7 THE PRINCIPAL, AL AZHAR MEDICAL COLLEGE AND SUPER SPECIALTY HOSPITAL, EZHALLOOR, THODUPUZHA, KUMARAMANGALAM, PIN - 685605
BY ADVS. P.SREEKUMAR TITUS MANI VETTOM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2023, ALONG WITH WP(C).28714/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
## **SATHISH NINAN, J.**
**= = = = = = = = = = = = = = = = = = W.P.(C) Nos.303 of 2023, 28714 of 2022 & 1098 of 2023**
**= = = = = = = = = = = = = = = = = = Dated this the 16[th] day of February, 2023**
## **J U D G M E N T**
The petitioners in these writ petitions had secured admissions to MBBS course in the year 2019. They have approached this Court challenging certain clauses in the “Regulations on Graduate Medical Education (Amendment) 2019” dated 04.11.2019 whereunder, restriction is placed on the number of attempts within which a candidate shall pass the first professional examination.
2. The “Regulations on Graduate Medical Education,
1997” was amended on 04.11.2019. The alleged
objectionable clause of the regulation reads thus:-
“ _No more than four attempts shall be allowed for a_
_candidate to pass the first Professional examination. The total_
_period for successful completion of first Professional course_
_shall not exceed four (4) years. Partial attendance of examination in any subject shall be counted as an attempt_ .”
## **W.P.(C) 303/2023 & con. cases**
-: 2 :-
3. The petitioners have already exhausted their four chances for the first professional examination. Hence, going by the Regulation, the petitioners would be required to discontinue the course. The petitioners challenge the constitutional validity of the regulation. It is also contended that, since the restrictive regulation was incorporated in the year 2019 i.e., during the prevalence of the Covid-19 Pandemic, the petitioners may be afforded another chance to appear for the first year examination.
4. Heard learned counsel on either side.
5. The regulation in question was brought under challenge before the High Court of Delhi in W.P.(C) No.13180/2022 and connected cases. A Division Bench of the Delhi High Court, as per judgment dated 17.11.2022, rejected the grounds of challenge and dismissed the writ petitions. The Bench considered the presumption of constitutionality in favour of legislations including subordinate legislations. The Court relied on the
## **W.P.(C) 303/2023 & con. cases**
-: 3 :-
judgment of the Apex Court in _**State of T.N. v. P. Krishnamurthy 2006(4) SCC 517**_ , _**Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India (1985) 1 SCC 641**_ and _**Dental Council of India v. Biyani Shikshan Samiti (2022) 6 SCC 65.**_ It was noticed that the
regulations were framed by virtue of the powers conferred under Section 33 of the Indian Medical Council
Act, 1956 and that the constitutionality of the Regulations were upheld by the Apex Court on various occasions. As regards the rationale behind the regulation, the Division Bench held thus :-
_“This Court does not find the rationale put forth by Respondent No.2 to be arbitrary. Considering that medicine is a noble profession, and that a doctor serves the general public at large, the Government must have rules and regulations that ensure that only individuals with the inclination coupled with the requisite calibre are made medical professionals. Considering this, it is evident that the Impugned Regulations have been notified after careful thought and deliberation, and do not attract the vice of arbitrariness. It cannot be said that a candidate has a right to take an examination for any number of times and the regulating authority cannot put cap on the_
## **W.P.(C) 303/2023 & con. cases**
**==> picture [34 x 9] intentionally omitted <==**
_number of attempts and such a cap which is put on the candidate takes away any right of a candidate.”_
Thus, it was held that the regulation does not attract the vice of arbitrariness.
6. In the writ petitions before the Delhi High Court, a similar plea as urged before this Court, for grant of another chance in the light of the Covid-19 Pandemic was put forward. As in the cases at hand, the said students were also of the 2019 year batch. The Division Bench declined the said plea referring to the judgments of the Apex Court in _**Rachna and Others v. Union of India and another (2021) 5 SCC 638**_ and _**National Board of Examinations v. G.Anand Ramamurthy (2006) 5 SCC 515,**_ wherein such requests were declined. The Court, relying on the judgment of the Apex Court in _**Manish Kumar v. Union of India (2021) 5 SCC 1**_ held that, the candidates did not have an accrued/vested right for infinite chances to complete the course.
## **W.P.(C) 303/2023 & con. cases**
-: 5 :-
7. The High Court of Delhi also rejected the plea of legitimate expectation. The court observed that public interest weighs heavily in favour of the policy and that there is no abuse of power.
8. The various grounds of challenge against the
Regulation was thus turned down.
9. Challenging the judgment of the High Court of Delhi, Special Leave Petitions were filed before the Apex Court as SLP Nos.22716/2022, 24055/2022 and 2886/2023. The Special Leave Petitions were dismissed on 10.02.2023. In the light thereof, these writ petitions are also bound to fail.
Resultantly, the writ petitions are dismissed.
Sd/- **SATHISH NINAN JUDGE**
kns/-
//True Copy//
P.S. to Judge
## **APPENDIX OF WP(C) 303/2023**
## PETITIONER EXHIBITS
|Exhibit P1|THE TRUE COPY OF DISCHARGE SUMMARY DATED 24.02.2020|
|---|---|
||DEPARTMENT OF ORTHOPAEDICS, CO-OPERATIVE HOSPITAL,|
||IRINJALAKUDA|
|Exhibit P2|THE TRUE COPY OF MEDICAL CERTIFICATE DATED|
||26.02.2020<br>ISSUED<br>BY<br>THE<br>DEPARTMENT<br>OF|
||ORTHOPAEDICS, CO-OPERATIVE HOSPITAL, IRINJALAKUDA|
|Exhibit P3|THE TRUE COPY OF EXAMINATION RESULTS PUBLISHED BY|
||THE 1ST RESPONDENT UNIVERSITY ON 23.06.2022|
|Exhibit P4|TRUE COPY OF THE U.O.NO.184/26459/ DSA/A1/KUHS/2022|
||DATED 03.11.2022 OF THE CHAIRMAN OF THE 3RD|
||RESPONDENT.|
|Exhibit P5|TRUE COPY OF THE RESULTS OF THE FRESH VALUATION|
||PURSUANT TO EXT.P4 WERE PUBLISHED BY THE UNIVERSITY|
||ON 23.12.2022.|
|Exhibit P6|TRUE COPY OF THE NOTICE NO.23806/2022/11/|
||AC1/MED/B1/KUHS DATED 22.07.2022 OF THE 1ST|
||RESPONDENT.|
|Exhibit P7|TRUE COPY OF THE RELEVANT EXTRACT OF THE|
||REGULATIONS INCLUDING THE 2019 AMENDMENT, AS|
||PUBLISHED AS PER AMENDMENT NOTIFICATION DATED|
||04.11.2019|
|Exhibit P8|TRUE<br>COPY<br>OF<br>THE<br>REFERENCE<br>NUMBER<br>-|
||BOA/REGULATION/UG/7-10/2021 DATED 15.12.2021 ISSUED|
||BY THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF|
||MEDICINE|
|Exhibit9|TRUE COPY OF THE RELEVANT EXTRACT OF MEDICAL|
||COUNCIL OF INDIA REGULATIONS ON GRADUATE MEDICAL|
||EDUCATION, 1997.|
|Exhibit P10|TRUE COPY OF THE INTERIM ORDER DATED 29.11.2022 IN|
||W.P.(C)NO.28714/2022 OF THIS HON'BLE COURT|
|Exhibit P11|TRUE COPY OF THE INTERIM ORDER DATED 28.12.2022 IN|
||W.P.(C)NO.28714/2022 OF THIS HON'BLE COURT|
||-----|
## **APPENDIX OF WP(C) 1098/2023**
|PETITIONER EXHIBITS||
|---|---|
|Exhibit1|TRUE COPY OF THE NOTIFICATION ISSUED BY THE|
||1ST RESPONDENT DATED 16.12.2021|
|Exhibit P2|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||PETITIONER PUBLISHED BY THE 1ST RESPONDENT|
||DATED 23.06.2022|
|Exhibit P3|THE TRUE COPY OF THE RE-EVALUATION RESULT OF|
||THE PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.12.2022|
|Exhibit P4|THE TRUE COPY OF THE INTERIM ORDER IN W.P.(C)|
||28714 OF 2022 DATED 20.12.2022|
|Exhibit P5|TRUE COPY OF THE NOTICE PUBLISHED BY THE 1ST|
||RESPONDENT DATED 22.7.2022|
|Exhibit P6|TRUE COPY OF THE REPRESENTATION MADE BY THE|
||PETITIONER DATED 01.01.2023|
|Exhibit P7|TRUE COPY OF THE REPRESENTATION MADE BY THE|
||PETITIONER DATED 01.01.2023|
|Exhibit P8|TRUE COPY OF THE RELEVANT PAGES TENTATIVE|
||EXAMINATION CALENDAR FOR 2022-2023 PUBLISHED|
||BY THE 1ST RESPONDENT|
||-----|
## **APPENDIX OF WP(C) 28714/2022**
|PETITIONER EXHIBITS||
|---|---|
|Exhibit P1|TRUE COPY OF THE NOTIFICATION ISSUED BY THE|
||1ST 16.12.2021|
|Exhibit P2|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||1ST PETITIONER PUBLISHED THE 1ST RESPONDENT|
||DATED 23.06.2022|
|Exhibit P3|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||2ND PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
|Exhibit P4|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||3RD PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
|Exhibit P5|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||4TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
|Exhibit P6|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||5TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022 -|
|Exhibit P7|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||6TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022 -|
|Exhibit P8|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||7TH PETITIONER BY THE 1ST RESPONDENT DATED|
||23.06.2022|
|Exhibit P9|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||8TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
|Exhibit P10|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||9TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
|Exhibit P11|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||10TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
## **APPENDIX-WP(C) 28714/2022 -2-**
|Exhibit P12|TRUE COPY OF THE EXAMINATION RESULT OF THE|
|---|---|
||11TH PETITIONER BY THE 1ST RESPONDENT DATED|
||23.06.2022|
|Exhibit P13|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||12TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
|Exhibit P14|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||13TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
|Exhibit P15|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||14TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
|Exhibit P16|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||15TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
|Exhibit P17|TRUE COPY OF THE EXAMINATION RESULT OF THE|
||16TH PETITIONER PUBLISHED BY THE 1ST|
||RESPONDENT DATED 23.06.2022|
|Exhibit P18|TRUE COPY OF THE NOTICE PUBLISHED BY THE 1ST|
||RESPONDENT DATED 22.7.2022|
|Exhibit P19|TRUE COPY OF THE REPRESENTATION MADE BY THE|
||PETITIONERS WITH THE 4TH RESPONDENT DATED|
||27.08.2022|
|Exhibit P20|TRUE COPY OF THE REPRESENTATION MADE BY THE|
||PETITIONERS WITH THE 1ST RESPONDENT DATED NIL|
|Exhibit P21|TRUE COPY OF THE RELEVANT PAGES TENTATIVE|
||EXAMINATION CALENDAR FOR 2022-2023 PUBLISHED|
||BY THE 1ST RESPONDENT DATED NIL|
|Exhibit P22|TRUE COPY OF THE LETTER ISSUED BY THE 4TH|
||RESPONDENT DATED 6.7.2022.|
**APPENDIX-WP(C) 28714/2022 -3-**
## RESPONDENT EXHIBITS
Exhibit R4 A TRUE COPY OF NOTIFICATION 3263 (E) DATED 24.9.2020 Exhibit R4 B TRUE COPY OF NOTIFICATION 3262 (E) DATED 24.9.2020 Exhibit R4C TRUE COPY OF NOTIFICATION 3260 (E) DATED 24.9.2020 Exhibit R4 D TRUE COPY OF NOTIFICATION 3261 (E) DATED 24.9.2020 Exhibit R4E COPY OF ORDER DATED 9.9.2022 PASSED BY THE HON'BLE DELHI HIGH COURT IN SACHIN & ORS. VS. UNION OF INDIA & ORS. - WPC NO.13180 OF 2022. Exhibit R4 F COPY OF ORDER DATED 15.9.2022 PASSED BY THE HON'BLE DELHI HIGH COURT IN RAVINDER SINGH & ORS. VS. UNION OF INDIA & ORS. - WPC NO.13407 OF 2022 Exhibit R4 G COPY OF ORDER DATED 7.10.2022 PASSED BY THE HON'BLE DELHI HIGH COURT IN SACHIN & ORS. VS. UNION OF INDIA & ORS. - WPC NO.13180 OF 2022 AND RAVINDER SINGH & ORS. VSA. UNION OF INDIA & ORS.-WPC NO.13407 OF 2022.
PETITIONER EXHIBITS Exhibit P23 TRUE COPY OF THE LETTER ISSUED BY THE NCISM DATED 15/12/2021 Exhibit P24 TRUE COPY OF THE RELEVANT PAGES OF THE MEDICAL COUNCIL OF INDIA REGULATIONS ON GRADUATE MEDICAL EDUCATION, 1997 Exhibit P25 TRUE COPY OF THE RELEVANT PAGES REGULATIONS ON GRADUATE MEDICAL EDUCATION; 1997 AMENDED BY NOTIFICATION NO.MC1-34(41) 2019-MED/161726 DATED 4/11/2019
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