High Court of KeralaSingle JudgePartly Disposed

Arsha Anna Pathrose & Others v. Kerala University of Health Sciences & Others

Case / Petition Number:WP(C) NO. 6038 OF 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V
Judgment Date
2022-03-14
Court Decision / Holding
The petition is disposed in part. The Court directs (a) petitioners may join the junior batch and receive additional training; (b) petitioners may appear for the Third Professional MBBS Part II Examinations with the junior batch on 19-09-2022, to be treated as regular examinations for them; (c) attendance reports to be uploaded and grievances may be addressed sympathetically; (d) exam fees paid by those opting for 19-09-2022 to be adjusted to the next examination.
Final Disposition
Partly Disposed

Parties to the Case

Appellants / Petitioners

  • ARSHA ANNA PATHROSE
  • ALPHY SAJU
  • ANANTHA NARAYANAN M.J
  • ABDULLA M
  • KIRAN M.S
  • HARI KRISHNAN P.H
  • AKASH V.A.
  • SUGANDE S
  • GOURI SUNIL
  • HIMA MEGHA M.S
  • NOUSHAD PARACKAL
  • ABHISHEK SAM ALEXANDER
  • SHAUN MARUTHOOR THOMAS
  • MRUDUL RAJ
  • NISHANTH V.S.
  • ANEETA JOSEPH
  • BHAGATH UDAYAN
  • ALBIN JOSEPH
  • SHARON PALLISSERY
  • RADHU M R
  • SALMAN AHAMMED
  • RIYA JITH
  • ROHITH JIMMIRIST
  • VINU KRISHNAN K
  • SUBITHA G.S
  • JOEL MATHEW
  • ASHISH V.K
  • ANJANA SREEKUMAR
  • K. AMAL GOPI
  • ASLAM SAGAR
  • ABIHIJITH V S
  • AMRUTHA DEVI M
  • K.V GAYATHRI
  • ANAMIKA R
  • ANANTHA PADMANABHAN
  • AADITYA N RAJAGOPAL
  • AMOGH RAG T S

Respondents

  • KERALA UNIVERSITY OF HEALTH SCIENCES, represented by its Registrar, Medical College P.O., Thrissur 680 596
  • CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY HEALTH SCIENCES, Medical College P.O., Thrissur 680 596
  • ADDITIONAL 3RD RESPONDENT: NATIONAL MEDICAL COMMISSION, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-110077, India

Legal Representation & Advocates

Counsels for Petitioners

  • • K.B.GANGESH
  • • SMITHA CHATHANARAMBATH
  • • AMAL S KUMAR
  • • ATHIRA A.MENON

Counsels for Respondents

  • • P.SREEKUMAR
  • • SREE HARI

Case Synopsis & Summary

About 37 MBBS students pursuing their final-year studies in KUHS-affiliated medical colleges approached this Court seeking postponement and rescheduling of the III Professional MBBS Degree Part-II Examinations. The petitioners contend that the MBBS course is divided into three phases with a total of 9 semesters; final-year requirements include minimum hours for theory, clinical postings, and practicals, namely 82 weeks of classes and substantial weekly hours in theory and clinical training. They argue that Ext.P1 notification to hold the final-year examinations from 31-03-2022 was issued after only 28 complete weeks of classes (Aug 2021–16 Feb 2022), creating a shortfall of around 16 weeks and compromising practical and clinical training. A survey reportedly showed 96.6% of students favored postponing exams until the minimum teaching hours were completed. The University maintains pandemic-related disruptions and that NMC guidelines fixed a timetable; it argues postponement would not remedy the situation and may affect NEET PG prospects, offering instead to allow students to join a junior batch with additional training and to hold the exams on a later date. The Court cites All India Council of Technical Education v. Surinder Kumar Dhawan to emphasize restraint in academic matters. Ultimately, the Court partially grants relief by directing joint batch attendance, a 19-09-2022 exam as a regular examination for petitioners, and fee-adjustment provisions, while preserving other grievances for sympathetic consideration.

Legal Doctrines & Maxims

  • Courts should normally keep their hands off in issues involving academic matters.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that KUHS regulations require that MBBS final-year students complete minimum teaching hours: 82 weeks of classes for the 8th and 9th semesters, with a 7-hour daily schedule that includes 3 hours of clinical postings, 2 hours of theory in clinical subjects, and 2 hours for practicals/seminars. They assert a shortfall of teaching hours: from August 2021 to 16 February 2022 there were only 28 complete weeks, creating a deficit of about 16 weeks. Ext.P1 notification to conduct exams from 31-03-2022, issued without completing the minimum hours, would prejudice training and future opportunities, including NEET PG. A representation (Ext.P5) indicated broad student support for postponement, but the response from KUHS claimed pandemic-related adjustments and that only a few students sought postponement. The petition seeks: (i) postponement until teaching hours are completed, (ii) quashing Ext.P1, (iii) rescheduling the examinations.

Contentions of Respondents

The respondents argued that the medical education sector faced pandemic-related disruptions, and the NMC laid out a national timetable; the colleges had begun online theory classes and later resumed in-person training, with attempts to compensate for lost hours. They contend that delaying exams would disrupt the overall academic schedule, affect interns and the NEET PG process, and could unsettle the system. The respondents propose a practical alternative: students may join the junior batch, receive additional training, and appear for the Third Professional MBBS Part II Examinations with the junior batch on 19-09-2022, treated as a regular examination rather than a supplementary one. The Court should respect national regulations and avoid judicial meddling in academic decisions; if delays occur, solutions should be implemented without prejudicing others. After reviewing attendance reports, the University should sympathetically address grievances and consider compensated training, with fee adjustments for those who opt for the 19-09-2022 date.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
All India Council of Technical Education v. Surinder Kumar Dhawan2009 (11) SCC 726PositiveThe Court relies on the principle from this decision that courts should normally refrain from intervening in academic matters.

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Extracted Judgment Text

Exact text extracted from official judgment records.

``` WP(C) NO. 6038 OF 20221 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 14[TH]DAY OF MARCH 2022 / 23RD PHALGUNA,1943 WP(C) NO. 6038 OF 2022 ``` ## **`PETITIONER/S:`** ``` 1ARSHA ANNA PATHROSE, AGED 22 YEARS, D/O. SHAJI JOSEPH, THIRD MBBS PART 1 STUDENT, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM, KOTTAYAM DISTRICT 686 008. 2ALPHY SAJU, AGED 23 YEARS, S/O. SAJUMON K.C, FINAL YEAR MBBS STUDENT, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM, KOTTAYAM DISTRICT 686 008. 3ANANTHA NARAYANAN M.J, AGED 23 YEARS, S/O. JAYAKUMAR N, FINAL YEAR MBBS STUDENT, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM, KOTTAYAM DISTRICT 686 008. 4ABDULLA M, AGED 22 YEARS, S/O. UMMAR M, FINAL YEAR MBBS STUDENT, TD MEDICAL COLLEGE, ALAPPUZHA, ALAPPUZHA DISTRICT 688 005. 5KIRAN M.S, AGED 24 YEARS, S/O. MADUSOODHANAN NAIR S, FINAL YEAR MBBS STUDENT, TD MEDICAL COLLEGE, ALAPPUZHA, ALAPPUZHA DISTRICT 688 005. 6HARI KRISHNAN P.H, AGED 24 YEARS, S/O. HAREENDRAN NAIR, FINAL YEAR MBBS STUDENT, KMCT MEDICAL COLLEGE, CALICUT, KOHIKODE DISTRICT 673 008. ``` ``` WP(C) NO. 6038 OF 20222 ``` ``` 7AKASH V.A., AGED 23 YEARS, S/O. ASOKAN S, FINAL YEAR MBBS STUDENT, GOVT. MEDICAL COLLEGE, ERNAKULAM, ERNAKULAM DISTRICT 6835503. 8SUGANDE S, AGED 25 YEARS, S/O. P. SUDARSANAN, FINAL YEAR MBBS STUDENT, GOVT. MEDICAL COLLEGE, ERNAKULAM, ERNAKULAM DISTRICT 683503. 9GOURI SUNIL, AGED 24 YEARS D/O. SUNIL S, FINAL YEAR MBBS STUDENT, KARUNA MEDICAL COLLEGE, CHITTOOR, PALAKKAD DISTRICT 678 103. 10HIMA MEGHA M.S, AGED 24 YEARS, D/O. SUBEKA K, FINAL YEAR MBBS STUDENT, PK DAS INSTITUTE OF MEDICAL SCIENCES, VANIAMKULAM, PALAKKAD 679 522. 11NOUSHAD PARACKAL, AGED 23 YEARS, S/O. FAISAL KAMAL, FINAL YEAR MBBS STUDENT, AL AZHAR MEDICAL COLLEGE, THODUPPUZHA, IDUKKI DISTRICT 685 605. 12ABHISHEK SAM ALEXANDER, AGED 23 YEARS, S/O. ALEX VARGHESE, FINAL YEAR MBBS STUDENT, MOSC MEDICAL COLLEGE, KOLANCHERRY, ERNAKULAM DISTRICT 682 311. 13SHAUN MARUTHOOR THOMAS, AGED 23 YEARS, S/O. THOMAS CHACKO, FINAL YEAR MBBS STUDENT, PUSHPAGIRI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, THIRUVALLA, PATHANAMTHITTA 689 105. ``` ``` WP(C) NO. 6038 OF 2022 ``` ``` 3 ``` ``` 14MRUDUL RAJ, AGED 25 YEARS S/O. RAJENDRAN V, FINAL YEAR MBBS STUDENT, DM WAYANAD INSTITUTE OF MEDICAL SCIENCES, WAYANAD, WAYANAD DISTRICT 673 577. 15NISHANTH V.S., AGED 23 YEARS, S/O. SASI V M, FINAL YEAR MBBS STUDENT, GOVT. MEDICAL COLLEGE, MANJERI, MALAPPURAM DISTRICT 676 121. 16ANEETA JOSEPH, AGED 25 YEARS, D/O. JOSEPH A.A, FINAL YEAR MBBS STUDENT, SOMERVELI MEMORIAL CSI MEDICAL COLLEGE, KARAKKONAM, TRIVANDRUM 695 504. 17BHAGATH UDAYAN, AGED 24 YEARS, S/O. UDAYAKUMAR S, FINAL YEAR MBBS STUDENT, GOVERNMENT MEDICAL COLLEGE, PARIYARAM, KANNUR 670 503. 18ALBIN JOSEPH, AGED 23 YEARS, S/O. JOSEPH FRANCIS, FINAL YEAR MBBS STUDENT, AMALA INSTITUTE OF MEDICAL SCIENCES, THRISSUR, THRISSUR DISTRICT 680 555. 19SHARON PALLISSERY, AGED 24 YEARS, S/O. BAIJU ANTHONY, FINAL YEAR MBBS STUDENT, BELIEVERS CHURCH MEDICAL COLLEGE, THIRUVALLA, PATHANAMTHITTA 689 641. 20RADHU M R, AGED 23 YEARS, D/O. D MADHU, FINAL YEAR MBBS STUDENT, SUT ACADEMY OF MEDICAL SCIENCES, VATTAPPARA, THIRUVANANTHAPURAM 695 028. 21SALMAN AHAMMED, AGED 25 YEARS, ``` ``` WP(C) NO. 6038 OF 20224 ``` ``` S/O. SIDHEEK, FINAL YEAR MBBS STUDENT, TRAVANCORE MEDICAL COLLEGE, KOLLAM, KOLLAM DISTRICT 691 008. ``` ``` 22RIYA JITH, AGED 23 YEARS, D/O. AJITH KUMAR, FINAL YEAR MBBS STUDENT, SREE GOKULAM MEDICAL COLLEGE AND RESEARCH FOUNDATION, VENJARAMOODU, THIRUVANANTHAPURAM 695 607. 23ROHITH JIMMIRIST, AGED 24 YEARS, S/O. JOLLY JIMMIRIST, FINAL YEAR MBBS STUDENT, GOVERNMENT MEDICAL COLLEGE, KOZHIKODE, KOZHIKODE DISTRICT 673 008. 24VINU KRISHNAN K, AGED 23 YEARS, S/O. KRISHNANKUTTY, FINAL YEAR MBBS STUDENT, MOUNT ZION MEDICAL COLLEGE, ADUR, PATHANAMTHITTA 691 523. 25SUBITHA G.S, AGED 22 YEARS, D/O. SUNIL KUMAR C, FINAL YEAR MBBS STUDENT, GOVERNMENT MEDICAL COLLEGE, PALAKKAD, PALAKKAD DISTRICT 678 103. 26JOEL MATHEW, AGED 23 YEARS, S/O. MATHEW N.C, FINAL YEAR MBBS STUDENT, JUBILEE MISSION MEDICAL COLLEGE, THRISSUR, THRISSUR DISTRICT 680 005. 27ASHISH V.K, AGED 23 YEARS, S/O. ANIL KUMAR, FINAL YEAR MBBS STUDENT, GOVT. MEDICAL COLLEGE THRISSUR, THRISSUR DISTRICT 680 596 28ANJANA SREEKUMAR, AGED 23 YEARS, D/O. NATARAJAN SREEKUMAR, FINAL MBBS STUDENT, MALAVAR MEDICAL COLLEGE, KOZHIKODE, KOZHIKODE DISTRICT 673 315. ``` ``` WP(C) NO. 6038 OF 20225 ``` ``` 29K. AMAL GOPI, AGED 23 YEARS, S/O. K.R GOPI, FINAL YEAR MBBS STUDENT, MALABAR MEDICAL COLLEGE, KOZHIKODE, KOZHIKODE DISTRICT 673 315. 30ASLAM SAGAR, AGED 24 YEARS, S/O. SHAHUDEEN, FINAL YEAR MBBS STUDENT, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM 695 011. 31ABIHIJITH V S, AGED 24 YEARS, S/O. SAJEEV V.R, FINAL YEAR MBBS STUDENT, GOVERNMENT MEDICAL COLLEGE, KOLLAM, KOLLAM DISTRICT 691 002. 32AMRUTHA DEVI M, AGED 25 YEARS, D/O. N MURGANANDAN PILLAI, FINAL YEAR MBBS STUDENT, SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES, CHAKKALA, NORTH PARAVUR, ERNAKULAM DISTRICT 683578. 33K.V GAYATHRI, AGED 24 YEARS, D/O. BABURAJ K.V, FINAL YEAR MBBS STUDENT, SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES, CHAKKALA, NORTH PARAVUR, ERNAKULAM DISTRICT 683578. 34ANAMIKA R, AGED 23 YEARS, D/O. R RAJESH KUMAR, FINAL YEAR MBBS STUDENT, SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES, CHAKKALA, NORTH PARAVUR, ERNAKULAM DISTRICT 683578. 35ANANTHA PADMANABHAN, AGED 24 YEARS, S/O. V. VIKRAMAN PILLAI, FINAL YEAR MBBS STUDENT, SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES, CHAKKALA, NORTH PARAVUR, ERNAKULAM DISTRICT 683578. 36AADITYA N RAJAGOPAL, AGED 23 YEARS, ``` ``` WP(C) NO. 6038 OF 20226 ``` ``` S/O. DR. RAJAGOPAL NAGANATHAN, FINAL YEAR MBBS STUDENT, SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES, CHAKKALA, NORTH PARAVUR, ERNAKULAM DISTRICT 683578. 37AMOGH RAG T S, AGED 23 YEARS, S/O. SUDHEER T T, FINAL YEAR MBBS STUDENT, SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES, CHAKKALA, NORTH PARAVUR, ERNAKULAM DISTRICT 683578. BY ADVS. K.B.GANGESH SMITHA CHATHANARAMBATH AMAL S KUMAR ATHIRA A.MENON ``` ## **`RESPONDENT/S:`** ``` 1KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O, THRISSUR 680 596. 2CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY HEALTH SCIENCES, MEDICAL COLLEGE P.O, THRISSUR 680 596. *ADDL.R3NATIONAL MEDICAL COMMISSION, POCKET-14, SECTOR-8,DWARKA PHASE-1, NEW DELHI-110077,INDIA. ADDITIONAL 3RD RESPONDENT IS IMPLEADED AS PER ORDER *DATED 14.03.2022 IN I.A.NO.1 OF 2022 BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR ADMISSIONON14.03.2022,THECOURTONTHESAMEDAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 6038 OF 2022 ``` ``` 7 ``` ## **J U D G M E N T** About 37 students pursuing their MBBS Course in various Medical Colleges affiliated to the Kerala University of Health Sciences (KUHS) have approached this Court seeking to reschedule the dates of the III Professional MBBS Degree Part-II Examinations. 2. The petitioners contend that the MBBS Course is split up into three phases consisting of 9 semesters followed by examinations. The final year of the course falls in phase 3 and it consists of semesters 8 and 9. The regulations issued by the KUHS mandate that the Colleges have to conduct a minimum of 44 weeks of classes for the 8th and 9th-semester students. Out of the aforesaid 44 weeks of classes, each working day is to comprise of 7 hours of teaching including Theory and Clinical. The split-up is that 3 hours every day is dedicated to clinical posting, 2 hours for Theory classes in clinical subjects and the balance 2 hours for practical and seminar. According to the petitioners, in the final year, a student has to undergo a minimum of 738 hours of clinical posting, 492 hours of Theory classes in clinical subjects and 492 hours of practicals/seminars. 3. The petitioners contend that as per Ext.P2 regulations issued by the University, the final year examinations for MBBS Course can be held only after completion of 82 weeks of classes. Without taking note of these aspects, ``` WP(C) NO. 6038 OF 20228 ``` the University has now issued Ext.P1 notification, notifying to hold the final year examinations from 31.3.2022 and in anticipation of the exams, the classes have been suspended. 4. The petitioners assert that none of the final year students of the colleges under the 1st respondent University has received the minimum required teaching hours in theory classes and clinical postings. For the period from August 2021 to 16.2.2022, the date on which the exam notification was issued, there have been only 28 complete weeks of classes. Taking into account the intervening holidays, there is a shortage of 16 weeks of classes. They contend that the decision to conduct the examination without completing the minimum requisite class hours would be prejudicial to the interest of the students. 5. Highlighting their grievances, the petitioners are stated to have filed Ext.P5 representation before the 1st respondent through the University Union. Before submitting the representation, a survey was conducted and about 96.6% of the students favoured the postponement of the exams until the minimum requisite teaching hours prescribed for the final year MBBS course is completed. However, the respondents refused to consider their request. It is in the above backdrop that the petitioners are before this Court seeking a declaration that the 3rd professional MBBS Degree Part-II Examinations shall be held only after completing the minimum requisite teaching hours prescribed for theory and clinical classes; to quash Ext.P1 notification issued by the 1st respondent and to reschedule the dates of the examination till the minimum ``` WP(C) NO. 6038 OF 20229 ``` teaching hours are completed as prescribed in the regulations. 6. In the statement filed by the University through their Standing Counsel, they admit that the medical courses were also affected due to the pandemic. The National Medical Commission was informed of the difficulty in following the timetable fixed by them. After receiving the inputs, the National Medical Commission has issued Annexure-R1A schedule, as per which, classes for the final year (3rd Professional Part II) had to be held from May 2021 to February 2022 and the examinations were to be held in March 2022. This was to save the loss of time occasioned due to the pandemic. It is further stated that the Medical Colleges in the State commenced online theory classes by the month of April 2021 and the physical classes were commenced in the month of August 2021. All efforts were taken to make good the loss of teaching hours for clinical and practical training. The Colleges are required to upload the attendance and internal marks by 18.3.2022 and the physical documents are to be submitted by 21.3.2022. It is stated that only a very few students have approached this Court seeking postponement of exams. The majority of students are willing to appear for the examinations scheduled by the University. Neither the students nor the colleges have been made parties and their stand is unknown. 7. It is further stated that postponement of examinations may not be the remedy for the students and what is required is additional training for which the course can be extended. Or else, none of the colleges would agree to ``` WP(C) NO. 6038 OF 202210 ``` impart training to the students as the course period is over. On receipt of numerous complaints, the University had also addressed the National Medical Commission for their opinion regarding the postponement of the examinations, but no response was received. It is stated that the course is regulated by the National Medical Commission on a National basis and the outer time limit for each of the stages is fixed by them. The postgraduate courses in the medical stream are held on the basis of a time schedule and any delay or lag in the MBBS Course conducted in the State may result in the loss of an opportunity to participate in the NEET PG Test. The 1st respondent has denied the contention of the petitioners that they were not properly trained for the exams and it is contended that they have received input from the colleges that they have compensated for the lost calls in clinical and practical training. It is further stated that rescheduling of the exams would unsettle the entire system as only when the present batch completes their internship can the junior batch join. Only if the time schedule is strictly adhered to, the availability of house surgeons can be ensured. It is stated that if the petitioners feel that they lack the necessary amount of training, they can opt out of the examination and appear in the next examination along with their juniors. This would enable them to have training for six months along with their junior batch. The postponement of exams will not yield any result as it would only enable the petitioners to stay at home and prepare for the examinations. In the case of those students, who want to join the junior batch and appear for the next examinations, the ``` WP(C) NO. 6038 OF 2022 ``` ``` 11 ``` University can explore the possibility of treating their examination to be held on 19.9.2022 as per their schedule as their first exam. 8. I have heard Sri. K.B. Gangesh, the learned counsel appearing for the petitioners, Sri. P. Sreekumar, the learned standing counsel appearing for the University and Sri. Sree Hari, the learned CGC who appeared for the National Medical Commission. 9. The crux of the grievance of the petitioners is that the Colleges have not imparted the necessary amount of training to enable the petitioners to acquire the necessary knowledge and minimum level of skills. Their prayer in this writ petition is for a direction to the 1st respondent to postpone the exams to the Third Professional M.B.B.S. Examination only after completing the minimum requisite teaching hours prescribed for theory and clinical classes. 10. The petitioners have not chosen to array the Colleges in which they are pursuing their course as respondents in this writ petition. There are no materials before this Court to assess as to whether the requisite amount of training has been imparted to the petitioners. From the submissions of the learned Standing Counsel appearing for the KUHS, it appears that the attendance report from the various colleges affiliated to the University are required to be uploaded only by 18.3.2022 and only thereafter would the University get a picture about the grievances. There is yet another matter. Out of 1000s of students pursuing their medical education, only the petitioners have ``` WP(C) NO. 6038 OF 2022 ``` ``` 12 ``` approached this Court seeking postponement of the exams for want of training. 11. I find considerable merit in the submission of the learned standing counsel that the mere postponement of the exams will not augur to the cause of the petitioners as none of the colleges would impart any additional training as their course period is over. The petitioners will have to remain at home and prepare for the exams and that may not be the proper choice for them. 12. In the statement filed by the respondents, they have stated that instead of postponement of the exams, a better course would be for the petitioners to join their junior batch and undergo training so that they can appear for the next exam which is scheduled to be held on 19.9.2022. The University has also offered to explore the possibility of treating the exams to be held on 19.9.2022 as their regular exam and not as their supplementary examination. This appears to be a better course as if the exams are postponed based on the contentions raised by the petitioners in this writ petition, it may adversely affect the other students and unsettle the entire process. The respondents are to ensure the availability of house surgeons in the hospitals and they are also to ensure that the present batch completes their intention before the joining time of the junior batches. 13. Being conscious of the law laid down by the Apex Court in **All India Council of Technical Education v. Surinder Kumar Dhawan** [2009 (11) SCC 726] that courts should normally keep their hands off in issues ``` WP(C) NO. 6038 OF 2022 ``` ``` 13 ``` involving academic matters, I am of the view that the prayer sought for by the petitioners seeking postponement of the exams cannot be allowed in the facts and circumstances. 14. However, in view of the stand taken by the KUHS, the following directions are issued: a) The petitioners herein shall be permitted to join the junior batch and directions shall be given to the colleges concerned to grant additional training. b) The petitioners shall be permitted to appear for the Third Professional M.B.B.S Part II Examinations along with their junior batch in the exams which are tentatively scheduled to be held on 19.9.2022. The said exam shall be treated as the regular examination and not as a supplementary examination insofar as the petitioners are concerned. It would be open to the University to extend the same benefit to other students who approach the University with similar grievances. c) Notwithstanding the above directions, after receipt of the attendance report from the colleges which is required to be uploaded on 18.3.2022, the University shall consider the grievances raised by the petitioners/other students sympathetically and issue directions to the concerned colleges to impart training to the students and compensate for the loss of training insofar as theory and clinical classes are ``` WP(C) NO. 6038 OF 2022 ``` ``` 14 ``` concerned, if circumstances so warranted. d) In respect of those students who have already paid the examination fee but choose to appear for the examinations to be tentatively held on 19.9.2022, the fee already paid shall be adjusted for the next examination. Sd/- PS/14/3/2022 **RAJA VIJAYARAGHAVAN V, JUDGE** ``` WP(C) NO. 6038 OF 202215 ``` ## **`APPENDIX OF WP(C) 6038/2022`** ``` PETITIONER (S) EXHIBITS: ``` ``` Exhibit P1TRUE COPY OF NOTIFICATION NO 5055/2022/B2/EX MED/KUHS DATED 16-02-2022 PUBLISHED BY THE 2ND RESPONDENT INTIMATING CONDUCT OF FINAL YEAR MBBS EXAMINATIONS FROM 31-03-2022 ONWARDS Exhibit P2TRUE COPY OF THE RELEVANT PORTION OF 2016 REGULATIONS ISSUED BY THE 1ST RESPONDENT UNIVERSITY FOR MBBS COURSE Exhibit P3TRUE COPY OF LETTER NO NMC/SECY/2020/03 DATED 12-11-2020 ISSUED BY NATIONAL MEDICAL COMMISSION WITH THE TENTATIVE SCHEDULING OF MBBS CURRICULUM FROM 2021 TO 2024 Exhibit P4TRUE COPY OF LETTER NO NMC/SECY/2020/05 DATED 25-11-2020 ISSUED BY NATIONAL MEDICAL COMMISSION Exhibit P5TRUE COPY OF REPRESENTATION DATED 05-02-2022 SUBMITTED BY FINAL YEAR STUDENTS OF ALL COLLEGES AFFILIATED TO 1ST RESPONDENT UNIVERSITY THROUGH UNIVERSITY STUDENTS UNION Exhibit P6TRUE COPY OF THE SCHEDULE OF CLINICAL POSTINGS OF 3RD YEAR PROFESSIONAL PART II STUDENTS AT GOVT. MEDICAL COLLEGE MANJERY ISSUED BY PRINCIPAL, GOVT. MEDICAL COLLEGE MANJERY ON 04.03.2022. Exhibit P7TRUE COPY OF THE SCHEDULE OF CLINICAL POSTINGS OF 3RD YEAR PROFESSIONAL PART II STUDENTS AT GOVT. MEDICAL COLLEGE THIRUVANANTHAPURAM ISSUED BY COURSE ``` ``` WP(C) NO. 6038 OF 2022 ``` ``` 16 ``` ``` COORDINATOR ON 02.08.2021. ``` ``` TRUE COPY OF THE SCHEDULE OF CLINICAL POSTINGS OF 3RD YEAR PROFESSIONAL PART II Exhibit P7(a)STUDENTS AT GOVT. MEDICAL COLLEGE THIRUVANANTHAPURAM ISSUED BY COURSE COORDINATOR ON 25.10.2021. Exhibit P8TRUE COPY OF THE LETTER DATED 03.03.2022 ISSUED BY PRINCIPAL, GOVT. MEDICAL COLLEGE ERNAKULAM TO THE DIRECTOR OF MEDICAL EDUCATION DEPARTMENT DETAILING THE SCHEDULE OF CLINICAL POSTINGS OF 3RD YEAR PROFESSIONAL PART II STUDENTS. Exhibit P9TRUE COPY OF THE LETTER DATED 28.02.2022 ISSUED BY PRINCIPAL, GOVT. MEDICAL COLLEGE KOTTAYAM TO THE DIRECTOR OF MEDICAL EDUCATION DEPARTMENT REQUESTING FOR POSTPONING 3RD YEAR PROFESSIONAL PART II STUDENTS WITH THE SCHEDULE OF THEIR CLINICAL POSTINGS. Exhibit P10TRUE COPY OF THE RESPONSE OBTAINED FROM FINAL YEAR MBBS STUDENTS IN VARIOUS COLLEGES IN KERALA STATE IN GOOGLE FORM. Exhibit P11TRUE COPY OF THE LETTER NO.136/KNRUHS/ EXAMS/2022 DATED 11.03.2022 ISSUED BY THE CONTROLLER OF EXAMINATIONS KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES, WARANKAL, TELANGANA. Exhibit P12TRUE COPY OF THE RESPONSE OBTAINED FORM FINAL YEAR MBBS STUDENTS IN VARIOUS COLLEGES IN KERALA STATE IN GOOGLE FORM FOR CONDUCT OF EXAMINATION IN JUNE 2022 ``` ``` RESPONDENT (S) ANNEXURES : ``` ``` WP(C) NO. 6038 OF 202217 ``` ``` ANNEXURE-R1AA TRUE COPY OF THE SCHEDULE ISSUED BY THE NMC. ``` ``` ANNEXURE-R1BA TRUE COPY OF THE LETTER DATED 01.02.2022 ISSUED BY THE UNIVERSITY. ```