Navaneeth V et al. v. Kerala University of Health Sciences & Others

WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -1- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 24[TH] DAY OF MAY 2024 / 3RD JYAISHTA, 1946 WP(C) NO. 28972 OF 2023** ## **PETITIONERS:** **1 NAVANEETH V S/O VIPINACHANDRAN P.S AGED 21 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO. 210011856, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. RESIDING AT CHANDRALEKHA (H), KATTOOR P.O., KALAVOOR, ALAPPUZHA, PIN - 688522 2 POOJA NARHARI KOKANE D/O. LATE NARHARI KOKANE, AGED 24 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO. 210011869, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA RESIDING AT PERLAMKULATH HOUSE, OPP. CH THANAL DIALYSIS CENTRE, ORKATTERI P.O., VATAKARA, KOZHIKODE, PIN - 673501 3 SARANYA B D/O. BAIJU, AGED 21 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO. 210011885, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. RESIDING AT VATTAVILA VEEDU, POOVANPARA, ALAMCODU P.O., ATTINGAL, THIRUVANANTHAPURAM, PIN - 695102 4 GAYATHRI V.S D/O. K. VIJAYAKUMAR, AGED 21 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO. 210011802, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. RESIDING AT MEKKATHIL VEEDU, KONCHIRAVILA, ARA 7, MANACAUD PO, TRIVANDRUM, PIN - 695009 5 FIDHA K.K** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -2- **D/O. LATE UNNEETHU K K, AGED 23 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO. 210011798, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. RESIDING AT KAKKADAVATH (H), ILLATHAPPADAM, TIRUR P.O., MALAPPURAM, PIN - 676101** **6 EDNA JOHNSON D/O. JOHNSON P.X., AGED 22 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO.210011788, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. RESIDING AT PALLIPARAMBIL HOUSE, 9/431, NAZARETH, MATTANCHERRY P.O., COCHIN, PIN - 682002 7 SHIVENDU R. SEKHAR D/O. CHANDRASEKHARAN R., AGED 20 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO. 210011282, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. RESIDING AT IEMPANTHANATHU HOUSE, CHIRAKKADAVU CENTRE P.O., CHIRAKADAVU, KANJIRAPALLY, KOTTAYAM, PIN - 686519 8 ANURAG KUMAR S/O. AJAY KUMAR, AGED 25 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO.210011768, TD MEDICAL COLLEGE, ALAPPUZHA, RESIDING AT 8339 NFL TOWNSHIP, BATHINDA, PUNJAB, PIN - 151003 9 ALEENA SITHARA JOHNSON D/O. LATE DR ABRAHAM JOHNSON, AGED 21 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO.210011748, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. RESIDING AT NADUVILADATHU(H), KANJAR P.O., IDUKKI, PIN - 685590 10 KANAK KHANDELWAL S/O RAJENDRA KHANDELWAL AGED 24 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO. 210011819, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA, RESIDING AT C-109, J.P. COLONY, TONK PHATAK, P.O., GANDHI NAGAR JAIPUR, RAJASTHAN, PIN - 302015** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -3- |**11**|**MOHAMMED OMAR MUKHTHAR**| |---|---| ||**S/O NAVAB M.P., AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011842,**| ||**T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.**| ||**RESIDING AT MULLADATH (H)**| ||**STHREESHAKTHI ROAD, ARUPUZHA,**| ||**VELOOR P.O., KOTTAYAM, PIN - 686003**| |**12**|**NESWAN NAHAZ**| ||**S/O. K.M. NAHAZ, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011860,**| ||**T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.**| ||**RESIDING AT N N MANZIL, CHUNGOM,**| ||**THIRUMALA WARD, IRON BRIDGE P.O,**| ||**ALAPPUZHA, PIN - 688011**| |**13**|**MAHADEVAN M.S**| ||**S/O. MADHU P.R., AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011832,**| ||**T.D. MEDICAL COLLEGE HOSPITAL, ALAPUZHA.**| ||**RESIDING AT SAROVARAM, KALLELIBHAGOM P.O.,**| ||**KARUNAGAPPALLY, KOLLAM, PIN - 690519**| |**14**|**RITHUL SHANKAR**| ||**S/O SHANKARA RAM P., AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011878,**| ||**T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.**| ||**RESIDING AT SOMATHEERTHAM, PILAPUZHA,**| ||**HARIPAD P.O., ALAPPUZHA, PIN - 690514**| |**15**|**MADNOOR REVAN**| ||**S/O MADNOOR GOPAL, AGED 20 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011831**| ||**T.D. MEDICAL COLLEGE HOSPITAL, ALAPUZHA.**| ||**RESIDING AT PLOT NO. 301,**| ||**SAI CHANDRA RESIDENCY, VINAYAK NAGAR,**| ||**NIZAMABAD, PULLANGH P.O.,**| ||**TELANGANA, PIN - 503001**| |**16**|**ALFIN SAJI**| ||**S/O . EDISON SAJI, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210011749,**| ||**T.D.MEDICAL COLLEGE HOSPITAL, ALAPPUZHA,**| ||**RESIDING AT BEENA DALE, PERAYAM,**| ||**MULAVANA, MULAVANA P.O., KOLLAM, PIN - 691503**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -4- |**17**|**TESSA ANN MARIA**| |---|---| ||**D/O DR. JOMON GEORGE, AGED 20 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210013840,**| ||**DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE**| ||**AND HOSPITAL, THIRUVANANTHAPURAM**| ||**RESIDING AT NIRAPPEL HOUSE,**| ||**DIVINE PARK, OPP, CSEZ, CSEZ P.O,**| ||**KAKKANAD, KOCHI, PIN - 682037**| |**18**|**AMAYA SUSAN SHAJU**| ||**D/O SHAJU T P, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210013716**| ||**DR. SOMERVELL MEMORIAL CSI, MEDICAL COLLEGE**| ||**AND HOSPITAL, THIRUVANATHAPURAM,**| ||**RESIDING AT THALACHIRAYIL HOUSE,**| ||**KOODATHAI BAZAR P.O., THAMARASSERY,**| ||**CALICUT, PIN - 673573**| |**19**|**JIYA ELDHO**| ||**D/O ELDHO OM, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210013784,**| ||**DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE**| ||**AND HOSPITAL, THIRUVANANTHAPURAM,**| ||**RESIDING AT OLAMALAKUZHY HOUSE,**| ||**KUNNACKAL P.O, VALAKOM,**| ||**MUVATTUPUZHA, ERNAKULAM, PIN - 682316**| |**20**|**JOVITHA JOVIN**| ||**D/O JOVIN VINCENT, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210013794,**| ||**DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE**| ||**AND HOSPITAL, THIRUVANANTHAPURAM,**| ||**RESIDING AT VADAKKUMCHERY POTTACKAL HOUSE,**| ||**TB ROAD, THRISSUR P.O., THRISSUR, PIN - 680001**| |**21**|**LEKSHMI R. NATH**| ||**D/O G SABARINATH, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210013801,**| ||**DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE**| ||**AND HOSPITAL, THIRUVANANTHAPURAM,**| ||**RESIDING AT THANAL, 85B, RAMAPURAM LANE,**| ||**MUKKOLA P.O, TRIVANDRUM, PIN - 695043**| |**22**|**SANJOB SABU**| ||**S/O SABU MANI, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210013826,**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -5- **DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE AND HOSPITAL, THIRUVANANTHAPURAM, RESIDING AT MUTTAPPILLIL HOUSE, KURAVILANGAD, KURAVILANGAD P.O., KOTTAYAM, PIN - 686633** |**23**|**JISANA SHAJAHAN**| |---|---| ||**D/O. SHAJAHAN, AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011116,**| ||**KARUNA MEDICAL COLLEGE, PALAKKAD**| ||**RESIDING AT MANAYIL, VENGA.P.O., MYNAGAPALLY,**| ||**SASTHAMCOTTA, KOLLAM, PIN - 690521**| |**24**|**HANNA SHEBIN**| ||**D/O. SAKEER HUSSAIN, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011111,**| ||**KARUNA MEDICAL COLLEGE, PALAKKAD**| ||**RESIDING AT PARAVATH HOUSE, VADAKKEMANNA,**| ||**KODUR P.O., MALAPPURAM, PIN - 676504**| **25 MOHAMED MUFTHIYAS K.** **S/O SAINUDHEEN, AGED 23 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO. 210011129 KARUNA MEDICAL COLLEGE, PALAKKAD, RESIDING AT KURUNIYAN HOUSE, KURUNIYAN PARAMBU, MATTATHUR P.O., OTHUKKUNGAL, MALAPPURAM, PIN - 676528** **26 DIVYA SHEKHAWAT D/O RAJENDRA SINGH SHEKHAWAT, AGED 23 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO. 210011160, KARUNA MEDICAL COLLEGE, PALAKKAD NEAR DURGA MAHILA HOSTEL, WARD NO. 57, CHARAN SINGH GATE, SIKAR, RAJASTHAN, PIN - 332001** **27 JAYARAM KAREL S/O SURAJMAL KAREL, AGED 23 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO.210011166, KARUNA MEDICAL COLLEGE, PALAKKAD, RESIDING AT DHANI KARELO KI, SHAHPURA, JAIPUR, SURANA P.O., RAJASTHAN, PIN - 303120** ## **28 ALFIYA SHAJIHAN** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -6- ||**D/O. SHAJIHAN M, AGED 21 YEARS,**| |---|---| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011085**| ||**KARUNA MEDICAL COLLEGE, PALAKKAD,**| ||**RESIDING AT KURUMBIL HOUSE,**| ||**PATTUKULANGARA, THURAVOOR P.O.,**| ||**CHERTHALA, ALAPPUZHA, PIN - 688532**| |**29**|**ANIRUDH C**| ||**S/O DR. SHIJI C. AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011094,**| ||**KARUNA MEDICAL COLLEGE, PALAKKAD,**| ||**RESIDING AT GULMOHAR, OPPOSITE KOYILI HOSPITAL,**| ||**PALLIKKUNNU P.O, KANNUR, PIN - 670004**| |**30**|**NIRANJANA J**| ||**D/O S. JEYAKUMAR, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210014305,**| ||**GOVERNMENT MEDICAL COLLEGE, KOTTAYAM**| ||**RESIDING AT T.C.40/1861-1, GANGOTHRI,**| ||**ARAYALLOOR ELLUVILA, THIRUMALA P.O.,**| ||**THIRUVANANTHAPURAM, PIN - 695006**| |**31**|**SISIRA S.V**| ||**D/O SEETHARAMA V, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210014343,**| ||**GOVERNMENT MEDICAL COLLEGE, KOTTAYAM,**| ||**RESIDING AT MADHURIMA HOUSE, NAVAKANA,**| ||**BADIADKA , PERADALA P.O.,**| ||**KASARAGOD, PIN - 671551**| |**32**|**ANAGHA JITHESH**| ||**D/O JITHESH TA, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210014200,**| ||**GOVERNMENT MEDICAL COLLEGE, KOTTAYAM,**| ||**RESIDING AT CHELLAMS, KUZHIKILATTUPARAMBA**| ||**NEAR CH COLONY, CHEVARAMBALAM P.O.,**| ||**CALICUT, PIN - 673017**| |**33**|**AISWARYA V.R**| ||**D/O RADHAKRISHNA, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210014184**| ||**GOVERNMENT MEDICAL COLLEGE, KOTTAYAM,**| ||**RESIDING AT VAZHAVATTA (HOUSE),**| ||**VAZHAVATTA P.O., KALPETTA NORTH,**| ||**WAYANAD, PIN - 673122**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -7- |**34**|**DEVIKA S. NAIR**| |---|---| ||**D/O DR. MALATHI S, AGED 20 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210014245,**| ||**GOVERNMENT MEDICAL COLLEGE, KOTTAYAM**| ||**RESIDING AT 48/1706G, SANDEEPTHI,**| ||**NEAR BHAVANS VIDYA MANDIR,**| ||**ELAMAKKARA P.O., KOCHI, PIN - 682026**| |**35**|**ROY JOSEPH K**| ||**S/O GIGO BASTIAN K., AGED 22 YEARS**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011401**| ||**JUBILEE MISSION MEDICAL COLLEGE, THRISSUR.**| ||**RESIDING AT KONKOTH HOUSE, KADUPPASSERY PO,**| ||**IRINJALAKUDA, THRISSUR, PIN - 680683**| |**36**|**MARIA SHAJAN**| ||**D/O SHAJAN PULIKOTTIL AGED 19 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011531,**| ||**MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,**| ||**KOZHIKODE, RESIDING AT PULIKOTTIL (H),**| ||**KANIPAYYUR KUNNAMKULAM (P.O),**| ||**THRISSUR, KERALA, PIN - 680517**| |**37**|**ARYA MANUEL**| ||**D/O EMMANUEL C. A., AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011470,**| ||**MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,**| ||**KOZHIKODE, RESIDING AT CHAMPAKATTU (H) , ARTHUNKAL**| ||**P.O., CHERTHALA,**| ||**ALAPPUZHA, KERALA, PIN - 688530**| |**38**|**R. DHEERAJ VARMA**| ||**S/O K K RAVI VARMA THAMPAN, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011553,**| ||**MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,**| ||**KOZHIKODE, RESIDING AT SOPANAM, NEAR FIRE STATION,**| ||**KANANKULANGARA, TRIPUNITHURA P.O.,**| ||**ERNAKULAM, PIN - 682301**| |**39**|**DELIN DENNY**| ||**S/O KAITHARAN THOMAS DENNY, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011484,**| ||**MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,**| ||**KOZHIKODE, RESIDING AT KAITHARAN HOUSE,**| ||**PUTHENVELIKARA P.O, PARAVOOR,**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -8- ## **ERNAKULAM, PIN - 683594** |**40**|**PRANAV RAJ R**| |---|---| ||**S/O RAJKUMAR V, AGE 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011550,**| ||**MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,**| ||**KOZHIKODE, RESIDING AT RAJADHANI, PADA NORTH,**| ||**KARUNAGAPALLY P.O, KOLLAM, PIN - 690518**| |**41**|**YASHPAL YADAV**| ||**S/O MANOJ KUMAR, AGED 24 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210011584,**| ||**MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,**| ||**KOZHIKODE, RESIDING AT 555 JP COLONY,**| ||**SECTOR 1, SHASTRI NAGAR P.O.,**| ||**JAIPUR, RAJASTHAN, PIN - 302016**| |**42**|**HAFIZ MOHAMED**| ||**S/O MOHAMED RAZAK P.P., AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011512,**| ||**MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,**| ||**KOZHIKODE, RESIDING AT PUTHEN PURAYIL HOUSE,**| ||**AR NAGAR VENGARA P.O.,**| ||**MALAPPURAM, PIN - 676305**| |**43**|**AMALENDU K.A**| ||**D/O APPUNNI M.P., AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210011452,**| ||**MALABAR MEDICAL COLLEGE AND RESEARCH CENTRE,**| ||**KOZHIKODE, RESIDING AT SIVALAYAM, KIZHAKKEDATH (H),**| ||**KAKKODI(PO) KOZHIKODE, PIN - 673611**| |**44**|**MEENAKSHI BABURAJ**| ||**D/O BABURAJ EV AGED 20 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010965,**| ||**GOVERNMENT MEDICAL COLLEGE, THRISSUR**| ||**RESIDING AT EDAKKATTUPARAMBIL HOUSE,**| ||**PO KATTOOR, THEKKUMOOLA,**| ||**THRISSUR, PIN - 680702**| |**45**|**JIBIN J.S**| ||**S/O JAYAKUMAR D. AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010364,**| ||**AMALA INSTITUTE OF MEDICAL SCIENCE, THRISSUR,**| ||**RESIDING AT JISHA, KAVALAKULAM KODANGAVILA P.O**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -9- ||**NEYYATTINKARA, TRIVANDRUM, PIN - 695123**| |---|---| |**46**|**ANIRUDH S**| ||**S/O SASIDHARAN.C AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210010328,**| ||**AMALA INSTITUTE OF MEDICAL SCIENCES, THRISSUR,**| ||**RESIDING AT CHEMBRATHARA (H), NALLUR,**| ||**FEROKE (P.O) , KOZHIKODE, KERALA, PIN - 673631**| |**47**|**ROHAN PAYAS R**| ||**S/O ROBERT RAJ R, AGED 21 YEARS**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010396,**| ||**AMALA INSTITUTE OF MEDICAL SCIENCE, THRISSUR**| ||**RESIDING AT ROSE HOUSE, V.M.R LANE,**| ||**THIRUMALA P. O., TRIVANDRUM, PIN - 695006**| |**48**|**AYISHA NIZA SALIM**| ||**D/O P.A. SALIM, AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210012885,**| ||**AZEEZIA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH,**| ||**KOLLAM, RESIDING AT KOORAYIL HOUSE, M.O. WARD,**| ||**IRON BRIDGE P.O., ALAPPUZHA, PIN - 688011**| |**49**|**FATHIMA S**| ||**D/O NIZAM A, AGED 20 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210012896,**| ||**AZEEZIA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH,**| ||**KOLLAM, RESIDING AT KALPAKAVADI PALAMKONAM,**| ||**PERUMKULAM P.O., ALAMCODE, ATTINGAL,**| ||**TRIVANDRUM, PIN - 695102**| |**50**|**LEKSHMI J.S**| ||**D/O S. SIVARAMAN ACHARI, AGED 24 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210012914,**| ||**AZEEZIA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH,**| ||**KOLLAM, RESIDING AT SREE PARVATHY VRA 186A, MG ROAD,**| ||**ATTINGAL P.O., THIRUVANANTHAPURAM, PIN - 695101**| |**51**|**TAIED AHAD**| ||**S/O MOHD ALAM AGED 24 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210012952,**| ||**AZEEZIA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH,**| ||**KOLLAM RESIDING AT 132/450 BABU PURWA, KANPUR,**| ||**MUNSHI PURWA P.O.UTTAR PRADESH, PIN - 208023**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -10- |**52**|**ADIKRISHNA R**| |---|---| ||**S/O RAJESH D., AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210012859,**| ||**AZEEZIA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH,**| ||**KOLLAM, RESIDING AT SANTHA NIVAS, MUHAMMA P.O.,**| ||**ALAPPUZHA, PIN - 688525**| |**53**|**ATHIRA J.N**| ||**D/O M JAYAKUMAR, AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210012884,**| ||**AZEEZIA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH,**| ||**KOLLAM, RESIDING AT "ATHIRA", MARAYAMUTTOM,**| ||**MARAYAMUTTOM P.O, NEYYATTINKARA,**| ||**TRIVANDRUM, KERALA, PIN - 695124**| |**54**|**ROHAN TOM JOBY**| ||**S/O JOBY TOM, AGED 20 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010821,**| ||**GOVERNMENT MEDICAL COLLEGE, KOLLAM,**| ||**RESIDING AT KUMPLANKAL HOUSE, ANTHINAD P.O.,**| ||**PALA, KOTTAYAM, PIN - 686651**| |**55**|**ANN MARY PETER**| ||**D/O V. E. PETER, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010761**| ||**GOVERNMENT MEDICAL COLLEGE, KOLLAM,**| ||**RESIDING AT VAZHAPPILLY HOUSE,**| ||**TC-82/268, PATTOOR, VANCHIYOOR P. O.,**| ||**THIRUVANANTHAPURAM, PIN - 695035**| |**56**|**ATHIRA THAMPI**| ||**D/O THAMPI K K, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010777,**| ||**GOVERNMENT MEDICAL COLLEGE, KOLLAM,**| ||**RESIDING AT MADHURAMCHERIL HOUSE,**| ||**KALAMPOOR P.O., PIRAVOM,**| ||**ERNAKULAM, PIN - 686664**| |**57**|**ABDUL HASIF K V**| ||**S/O VEERAN K M, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010735**| ||**GOVERNMENT MEDICAL COLLEGE, KOLLAM**| ||**RESIDING AT KAMMATH HOUSE, WEST VENGOLA P.O,**| ||**MAROTTICHODU, ERNAKULAM, PIN - 683556**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -11- |**58**|**CHAITHANYA P KUMAR**| |---|---| ||**D/O PADMAKUMAR J, AGED 19 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210010488,**| ||**GOVERNMENT. MEDICAL COLLEGE, THIRUVANANTHAPURAM,**| ||**RESIDING AT LAKSHMI BHAVAN, ERAMALLOOR P.O,**| ||**CHERTHALA, ALAPPUZHA, PIN - 688537**| |**59**|**PRESMIN P S**| ||**S/O PRAVEEN KUMAR A M, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210010620,**| ||**GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM,**| ||**RESIDING AT SHALEM, PERUMTHANNI,**| ||**KANJIRAMKULAM, KANJIRAMKULAM P.O.,**| ||**THIRUVANANTHAPURAM, PIN - 695524**| |**60**|**SHEETAL MEGHWAL**| ||**D/O ASHURAM MEGHWAL, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210010644,**| ||**GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM,**| ||**RESIDING AT UDAIRAMSAR, BIKANER,**| ||**BIKANER P.O., RAJASTHAN, PIN - 334402**| |**61**|**ROSHEN MOHAMMEDALI**| ||**S/O MOHAMMED ALI PULIKKADA, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210012538,**| ||**KMCT MEDICAL COLLEGE, KOZHIKKODE,**| ||**RESIDING AT PULIKKADA HOUSE, THAZHEKODE WEST P.O,**| ||**THAZHEKODE, MALAPPURAM, PIN - 679341**| |**62**|**NIHAAL LAZIM**| ||**S/O HARIS C.P, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210012525,**| ||**KMCT MEDICAL COLLEGE, KOZHIKKODE,**| ||**RESIDING AT "PEARL CASTLE",**| ||**PAKKARATH COLONY ROAD, 28TH MILE,**| ||**NARUKARA P.O, MANJERI,**| ||**MALAPPURAM, PIN - 676122**| |**63**|**SHAHANAN S P**| ||**AGED 23 YEARS**| ||**S/O P C IBRAHIMKUTTY, AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210012548**| ||**KMCT MEDICAL COLLEGE, KOZHIKKODE,**| ||**RESIDING AT SOUDAGHER, VILAYANCODE (P.O.),**| ||**PILATHARA, KANNUR, PIN - 670504**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -12- |**64**|**SHAHNA S. HUSSAIN**| |---|---| ||**D/O SAKKEER HUSSAIN, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210012550**| ||**KMCT MEDICAL COLLEGE, KOZHIKODE,**| ||**RESIDING AT HISHAM MANZIL, KARUVATTA P.O.,**| ||**ALAPPUZHA, PIN - 690517**| |**65**|**NILOFER FEROZ KHAN**| ||**D/O FEROZ KHAN K.H., AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210012527,**| ||**KMCT MEDICAL COLLEGE, KOZHIKODE,**| ||**RESIDING AT 24/540 NILOFER VILLA,**| ||**THOTTIL PEEDIKA ROAD, CHEVARAMBALAM,**| ||**KOZHIKODE P.O., KERALA, PIN - 673017**| |**66**|**SANA ABDUL JABBAR**| ||**D/O ABDUL JABBAR, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210012544,**| ||**KMCT MEDICAL COLLEGE, KOZHIKODE,**| ||**RESIDING AT ROJAMANZIL, MDPS ROAD,**| ||**MUTHUR, TIRUR, MALAPPURAM, PIN - 676101**| |**67**|**SREENATH A**| ||**S/O ANANDAPADMANABHAN, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210012560,**| ||**KMCT MEDICAL COLLEGE KOZHIKODE,**| ||**RESIDING AT KANIKUNNEL, PAMPAKUDA P.O.,**| ||**PAMPAKUDA, ONAKKOOR VILLAGE,**| ||**ERNAKULAM, PIN - 686667**| |**68**|**PALLAVI S. KUMAR**| ||**D/O SASIKUMAR G. AGED 21YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210012528,**| ||**KMCT MEDICAL COLLEGE, KOZHIKODE,**| ||**RESIDING AT PRARTHANA, ADINADU NORTH P. O.,**| ||**KARUNAGAPPALLY, KOLLAM, PIN - 690542**| |**69**|**ARJUN M**| ||**S/O RAMESH BABU M., AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210012452**| ||**KMCT MEDICAL COLLEGE, KOZHIKODE**| ||**RESIDING AT MALAYIL HOUSE, KANNANKARA P.O.,**| ||**CHELANNUR, KOZHIKODE, PIN - 673616**| |**70**|**ROHAN ABU**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -13- ||**S/O ABUBAKER K., AGED 23 YEARS,**| |---|---| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210012536**| ||**KMCT MEDICAL COLLEGE HOSPITAL, KOZHIKODE,**| ||**RESIDING AT KOLAYAKKARAKATH HOUSE,**| ||**KALLINGAL ROAD, VADAKKEKADU,**| ||**THRISSUR, PIN - 679562**| |**71**|**JITHIN MATHEW**| ||**S/O K.P MATHEW, AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210014107,**| ||**GOVERNMENT MEDICAL COLLEGE, PALAKKAD,**| ||**RESIDING AT KOMAROTH HOUSE, COSY COTTAGE,**| ||**THOPPUMPADY P.O, KOCHI, PIN - 682005**| |**72**|**PARVATHY BALAKRISHNAN**| ||**D/O BALAKRISHNAN AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210014126,**| ||**GOVERNMENT MEDICAL COLLEGE, PALAKKAD**| ||**RESIDING AT SREEVALSAM, NALANDA NAGAR-12,**| ||**THIRUMULLAVARAM P.O, KOLLAM, PIN - 691012**| |**73**|**ANJALI K.R**| ||**D/O RAVEENDRAN, AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210014077,**| ||**GOVERNMENT MEDICAL COLLEGE, PALAKKAD,**| ||**RESIDING AT KUMBALAMTHURUTH HOUSE**| ||**EZHIKKARA P.O., NORTH PARAVUR**| ||**ERNAKULAM, PIN - 683513**| |**74**|**ARATHY M. S**| ||**D/O MANIYAN M., AGED 22 YEARS**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210011217,**| ||**GOVERNMENT MEDICAL COLLEGE, KANNUR,**| ||**RESIDING AT ARATHY BHAVAN,**| ||**KOTTIYODU MARKET ROAD, ATTINGAL P.O.,**| ||**THIRUVANANTHAPURAM, PIN - 695101**| |**75**|**ADITHYAN G**| ||**S/O GOPINATHAN C, AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210011200,**| ||**GOVERNMENT MEDICAL COLLEGE, KANNUR,**| ||**RESIDING AT GEETH, THETTIKULAM,**| ||**MOONGODU P.O., VARKALA, PIN - 695144**| |**76**|**AVINASH C. LAL**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -14- ||**S/O MR CHRISTOPHER M. LAL AGED 21YEARS,**| |---|---| ||**1ST YEAR MBBS STUDENT, ROLL NO.210011223,**| ||**GOVERNMENT MEDICAL COLLEGE KANNUR,**| ||**RESIDING AT MISSION COMPOUND, BADHPUR,**| ||**FARRUKHABAD P.O., FARRUKHABAD, PIN - 209625**| |**77**|**HRIDYA DILEEP**| ||**D/O DILEEP KUMAR A.K. AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210011242,**| ||**GOVERNMENT MEDICAL COLLEGE, KANNUR,**| ||**RESIDING AT PARVANNAM ETHIYELIL HOUSE,**| ||**THAMARACHAL, KIZHAKKAMBALAM PO,**| ||**ERNAKULAM, PIN - 683562**| |**78**|**J.L. GOVIND KRISHNA**| ||**S/O JAYAKUMAR GR AGED 19 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210011247,**| ||**GOVERNMENT MEDICAL COLLEGE, KANNUR,**| ||**RESIDING AT SREE GOWRI SANKARAM,**| ||**MARAYAMUTTUM PO, NEYYATTINKKARA,**| ||**TRIVANDRUM, PIN - 695124**| |**79**|**VISHAL KUMAR**| ||**S/O TUN TUN RAY AGED 25 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210011293,**| ||**GOVERNMENT MEDICAL COLLEGE, KANNUR,**| ||**RESIDING AT PAPRAUR, PAPRAUR P.O.,**| ||**BEGUSARAI, BIHAR, PIN - 851210**| |**80**|**SAMPAT SAMARIYA**| ||**S/O MOOL CHAND SAMARIYA, AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210011277,**| ||**GOVERNMENT MEDICAL COLLEGE, KANNUR**| ||**RESIDING AT LISARIYA SIKAR RAJASTHAN P.O.,**| ||**VAYA MUNDRU LISARIYA SHARIMADHUPUR SIKAR,**| ||**RAJASTHAN, PIN - 332712**| |**81**|**KRISHNAPRIYA,S,B**| ||**D/O BIJUKUMAR M., AGED 20 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010237,**| ||**GOVERNMENT MEDICAL COLLEGE, ERNAKULAM,**| ||**RESIDING AT 'KRISHNAPRIYA',**| ||**TC-56/3737, SREERAGAM ROAD,**| ||**PAPPANAMCODE P.O., TRIVANDRUM,**| ||**KERALA, PIN - 695018**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -15- |**82**|**AMBILI P. P.**| |---|---| ||**D/O CHANDRAN P. P. AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010188,**| ||**GOVERNMENT MEDICAL COLLEGE, ERNAKULAM,**| ||**RESIDING AT PUTHIYA PURAYIL HOUSE,**| ||**THA DIYAN KOVVAL, UDINUR PO, KASARGOD,**| ||**KERALA, PIN - 671310**| |**83**|**GEORGIE PETER**| ||**S/O PETER GEORGE, AGED 20 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010228,**| ||**GOVERNMENT MEDICAL COLLEGE, ERNAKULAM,**| ||**RESIDING AT PALLICKAPARAMBIL HOUSE,**| ||**MUTHALAKODAM P.O, THODUPUZHA, PIN - 685605**| |**84**|**HYMA A R**| ||**D/O ANITHA K, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010231,**| ||**GOVERNMENT MEDICAL COLLEGE, ERNAKULAM**| ||**RESIDING AT ARUNIMA, EDAKULANGHARA,**| ||**KARUNAGAPALLY P.O., KOLLAM, PIN - 690523**| |**85**|**LAKSHMI M**| ||**D/O SURESH M., AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210010239,**| ||**GOVERNMENT MEDICAL COLLEGE, ERNAKULAM**| ||**RESIDING AT PARAYERIKUNNU,**| ||**VAZHAYIL ROAD, VENGERI PO,**| ||**CALICUT, PIN - 673010**| |**86**|**AATHIRA A V**| ||**D/O ARAVIND P.V., AGED 20 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210010181,**| ||**GOVERNMENT MEDICAL COLLEGE, ERNAKULAM,**| ||**VELLAYANI ILLOM, UMMALATHOOR THAZHAM,**| ||**MEDICAL COLLEGE P.O. KOZHIKODE, PIN - 683003**| |**87**|**KRISHNAPRASAD N**| ||**S/O H. NARAYANAN, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210013967,**| ||**PK DAS INSTITUTE OF MEDICAL SCIENCES, OTTAPPALAM,**| ||**RESIDING AT PISHARAM, NHANGATTIRI P.O.,**| ||**PATTAMBI, PALAKKAD, PIN - 679303**| |**88**|**ASNA KHAN**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -16- ||**D/O ABDUL JALEEL ULLA KHAN, AGED 22 YEARS,**| |---|---| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210013925,**| ||**PK DAS INSTITUTE OF MEDICAL SCIENCES, OTTAPPALAM,**| ||**RESIDING AT KUZHIMURIYIL HOUSE,**| ||**PC KAVALA P.O., PAIPPAD,**| ||**CHANGANACHERRY, PIN - 686537**| |**89**|**FATHIMATHU SHAFEEDA**| ||**D/O ABDUL GAFFOOR KONDETH, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210013947,**| ||**PK DAS INSTITUTE OF MEDICAL SCIENCES, OTTAPALAM,**| ||**RESIDING AT KONDETH HOUSE, CHOTTUR,**| ||**KARIPPOL P.O., MALAPPURAM, PIN - 676552**| |**90**|**AMRUTHA BALAN**| ||**D/O BALAN K AGED 24 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO. 210013897,**| ||**PK DAS INSTITUTE OF MEDICAL SCIENCES, OTTAPALAM,**| ||**BALABAVANAM, MANNAKKARA PO, SHASTHAMCOTTA,**| ||**KOLLAM, PIN - 690521**| |**91**|**SWARNA CHAND.U**| ||**D/O CHANDRANGATHAN, AGED 21 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210012383**| ||**SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES,**| ||**ERNAKULAM, RESIDING AT UNNIYARAMPURAKKAL HOUSE,**| ||**NATTIKA BEACH P.O., THRISSUR, PIN - 680566**| |**92**|**AAKASH S R**| ||**S/O T. S. SUNILKUMAR, AGED 23 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210012246,**| ||**SREE NARAYANA INSTITUTE OF MEDICAL SCIENCE,**| ||**ERNAKULAM, RESIDING AT MANIMANGALATHU,**| ||**CHAIKOTTUKONAM PO, NEYYATTINKARA,**| ||**TRIVANDRUM, PIN - 695122**| |**93**|**ARJUN K S**| ||**S/O SHAJU K A AGED 22 YEARS,**| ||**1ST YEAR MBBS STUDENT, ROLL NO.210012277,**| ||**SREE NARAYANA INSTITUTE OF MEDICAL SCIENCE,**| ||**ERNAKULAM, RESIDING AT KAROTH HOUSE, GNRA N-21,**| ||**OLARI, PULLAZHI P.O, THRISSUR, PIN - 680001**| |**94**|**PARVATHY PANIKKASSEY SUDHARMAN**| ||**D/O SUDHARMAN PK, AGED 21 YEARS,**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -17- **1ST YEAR MBBS STUDENT, ROLL NO.210012343, SREE NARAYANA INSTITUTE OF MEDICAL SCIENCE, ERNAKULAM, RESIDING AT PANIKKASSERY HOUSE, VATTAPARAMBU PO, KODUSSERY, ANGAMALY, ERNAKULAM, PIN - 683572** **95 VYSHNAVI VINOD D/O N. VINOD KUMAR, AGED 19 YEARS, 1ST YEAR MBBS STUDENT, ROLL NO.210012833, GOVERNMENT MEDICAL COLLEGE, MANJERI, RESIDING AT JAPAVILAS, MANGAD, THIRUMALA P.O., TRIVANDRUM, PIN - 695006** **BY ADVS. C.R.SIVAKUMAR SUBHAJA P. S.SOORYA GAYATHRY HARI R. BINI KRISHNA** ## **RESPONDENTS:** **1 KERALA UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE CAMPUS, THRISSUR P.O., THRISSUR, PIN - 680596** **2 THE VICE CHANCELLOR KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE CAMPUS, THRISSUR P.O., THRISSUR, PIN - 680596** **3 THE CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE CAMPUS, THRISSUR P.O., THRISSUR, PIN - 680596** **4 THE NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY, POCKET-14, SECTION 8, DWARAKA PHASE - 1, NEW DELHI, PIN - 110077** - **5 THE UNDERGRADUATE MEDICAL EDUCATION BOARD REPRESENTED BY ITS PRESIDENT,** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -18- **POCKET-14, SECTOR-8 DWARKA PHASE-1 NEW DELHI, PIN - 110077** **BY ADVS. P.SREEKUMAR, SC K.S.PRENJITH KUMAR TITUS MANI VETTOM, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2024, ALONG WITH WP(C).29884/2023 AND CONNECTED CASES, THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -19- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 WP(C) NO. 29884 OF 2023** ## **PETITIONER:** **AYISHA NAVAS AGED 22 YEARS D/O. NAVAS KHAN JAMAL MOHAMMED, AL-AJ MANZIL, KUDILIL ROAD, SOUTH KALAMASSERY, KDP POST, SOUTH KALAMASSERY, ERNAKULAM DISTRICT., PIN - 683104** **BY ADVS. P.CHANDRASEKHAR C.RAMAN JENNY THANKAM ANOOP KRISHNA ANAND SANKAR REGIMOL M.K.** ## **RESPONDENTS:** **1 NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARKA, PHASE-1, NEW DELHI, PIN - 110077 REPRESENTED BY ITS DIRECTOR** - **2 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS) REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE PO, THRISSUR., PIN - 680596** - **3 THE BOARD OF ADJUDICATION FOR STUDENTS GRIEVANCES KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS), MEDICAL COLLEGE PO, THRISSUR, PIN - 680596** - **4 THE PUBLIC RELATION OFFICER** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -20- **KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS), REPRESENTED BY ITS REGISTRAR MEDICAL COLLEGE PO, THRISSUR., PIN - 680596** **5 THE PRINCIPAL TRAVANCORE MEDICAL COLLEGE & HOSPITAL, NH BYPASS, MYLAPORE, THATTAMALA P.O, KOLLAM,, PIN - 691020** **BY ADVS. TITUS MANI VETTOM, SC P.SREEKUMAR, SC SANEER P.M K.S.PRENJITH KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2024, ALONG WITH WP(C).28972/2023 AND CONNECTED CASES, THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:** -21- WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 WP(C) NO. 35266 OF 2023** **PETITIONERS:** **1 SONU BASIL ELDO AGED 21 YEARS, S/O ELDO PAUL 1ST YEAR MBBS STUDENT, ROLL NO. 200011269, MOSC MEDICAL COLLEGE, KOLENCHERY. RESIDING AT POTHANAKADAN (H), VLIANGU P.O., OORAKKAD, ERNAKULAM., PIN - 683561 2 ALENA EVELYN JOEL AGED 22 YEARS, D/O. JOSE JOEL, 1ST YEAR MBBS STUDENT, ROLL NO. 200010772, AMALA INSTITUTE OF MEDICAL SCIENCE, THRISSUR, RESIDING AT MARIA BHAVAN, CHIRAYATH MANJIYIL (H), MUKKATTUKARA, NETTISERY P.O, THRISSUR, PIN - 680651 3 AISWARYA LAKSHMI S AGED 24 YEARS, D/O. SURESH BABU A.D., 1ST YEAR MBBS STUDENT, ROLL NO. 200012478, BELIEVERS CHURCH MEDICAL COLLEGE, THIRUVALLA. RESIDING AT EDATTUTHAZHE(H), VILLOONNI P.O., ARPOOKARA, KOTTAYAM, PIN - 686008 4 MUNAVVIR P AGED 23 YEARS, S/O. MUHAMMED KUTTY P., 1ST YEAR MBBS STUDENT, ROLL NO. 200012379, KMCT MEDICAL COLLEGE, MANASSERY. RESIDING AT PERINCHEERI (H), THALAKKASERY P.O., PALAKKAD (DIST),** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -22- **KERALA, PIN - 679534 5 KS HARI GOVIND AGED 21 YEARS, S/O. SUBHAGAN K.S., 1ST YEAR MBBS STUDENT, ROLL NO. 200011947, SREE GOKULAM MEDICAL COLLEGE AND RESEARCH FOUNDATION, TRIVANDRUM. RESIDING AT KUTTIKADAN(H), CHRIST NAGAR, IRINJALAKUDA, THRISSUR, PIN - 680125 6 PEARLY VIMAL AGED 21 YEARS, D/O. C. VIMAL DAS, 1ST YEAR MBBS STUDENT, ROLL NO. 200011898, SREE GOKULAM MEDICAL COLLEGE AND RESEARCH FOUNDATION, TRIVANDRUM. RESIDING AT PARRAEL MWRA-153A, MUNDAKKAL WEST, KOLLAM, PIN - 691001 7 V. VAISAKH AGED 22 YEARS, S/O. VENUGOPLAN PILLAI P., 1ST YEAR MBBS STUDENT, ROLL NO. 200011926, SREE GOKULAM MEDICAL COLLEGE & RESEARCH FOUNDATION, TRIVANDRUM. RESIDING AT SREELAYAM (H), PAVUMBA SOUTH, PAVUMBA P.O., THAZHAVA, KARUNAGAPPALLY, KOLLAM, PIN - 690574 8 ANUSREE T P AGED 23 YEARS, D/O. MANIKANDAN T. P., 1ST YEAR MBBS STUDENT, ROLL NO. 200011512, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. RESIDING AT THEVARPARAMBIL (H), PALATHOLE P.O., ELAMKULAM, MALAPPURAM, PIN - 679340 9 VAISHNAV RAJEEV AGED 22 YEARS, S/O MADHAVAN RAJEEV, 1ST YEAR MBBS STUDENT, ROLL NO. 200014282, GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM,** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -23- **RESIDING AT RAJEEV NIVAS (H), ASRAMAM P. O., KOLLAM, PIN - 691002 10 AHGA KUMARAN AGED 22 YEARS, D/O. KUMARAN C. V., 1ST YEAR MBBS STUDENT, ROLL NO. 200012972, DR. MOOPEN'S MEDICAL COLLEGE, WAYANAD. RESIDING AT VAYALELA(H), POOLACODE, NAYARKUZHI P.O., KOZHIKODE, PIN - 673601 11 RON JOSE AGED 21 YEARS, S/O LATE JIJIMON N.M., 1ST YEAR MBBS STUDENT, ROLL NO. 200011641, T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. RESIDING AT NARIKKATTU(H), ADAKKAKUNDU P.O., KALIKAVU, MALAPPURAM, PIN - 676525 12 FATHIMA SHAJID AGED 22 YEARS, D/O. SHAJID.P, 1ST YEAR MBBS STUDENT, ROLL NO. 200011354, MES MEDICAL COLLEGE, PERINTHALMANNA, RESIDING AT KUSHI (H), NEAR MISRI MASJID, THURAKKAL, MANJERI, MALAPPURAM, KERALA, PIN - 676122 BY ADVS. C.R.SIVAKUMAR BINI KRISHNA S.SOORYA GAYATHRY SUBHAJA P. HARI R.** **RESPONDENTS:** **1 KERALA UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE CAMPUS, THRISSUR P.O., THRISSUR, PIN - 680596** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -24- - **2 THE VICE CHANCELLOR** **KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE CAMPUS, THRISSUR P.O., THRISSUR, PIN - 680596** **3 PRO-VICE CHANCELLOR KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE CAMPUS, THRISSUR P.O., THRISSUR, PIN - 680596** **4 THE CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE CAMPUS, THRISSUR P.O., THRISSUR, PIN - 680596** **5 THE NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY, POCKET-14, SECTION 8, DWARAKA PHASE – 1, NEW DELHI, PIN - 110077** **6 THE UNDERGRADUATE MEDICAL EDUCATION BOARD, REPRESENTED BY ITS PRESIDENT, POCKET-14, SECTOR-8 DWARKA PHASE-1 NEW DELHI, PIN - 110077** **BY ADV K.S.PRENJITH KUMAR P.SREEKUMAR, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2024, ALONG WITH WP(C).28972/2023 AND CONNECTED CASES, THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -25- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 WP(C) NO. 38235 OF 2023** ## **PETITIONER:** **THARUN SANKER AGED 21 YEARS, S/O.RNK SANKAR,** **SREE RANGA SAUDAM, OPPOSITE TDHS, MO WARD, ALAPPUZHA, PIN - 688001** **BY ADVS. S.SANAL KUMAR BHAVANA VELAYUDHAN T.J.SEEMA** ## **RESPONDENTS:** **1 NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS CHAIRPERSON, POCKET-14 , SECTOR -8, DWARKA PHASE -1, NEW DELHI - INDIA, PIN - 110077 2 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., THRISSUR, KERALA, PIN - 680596 3 THE VICE CHANCELLOR KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA, PIN - 680596 4 BOARD OF EXAMINATIONS REPRESENTED BY ITS CHAIRMAN (THE VICE CHANCELLOR), KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA, PIN - 680596** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -26- **5 THE CONTROLLER OF EXAMINATIONS KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA, PIN - 680596** **6 BOARD OF ADJUDICATION REPRESENTED BY ITS CHAIRMAN PRO-VICE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA, PIN - 680596** **BY ADVS. K.S.PRENJITH KUMAR, SC P.SREEKUMAR, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2024, ALONG WITH WP(C).28972/2023 AND CONNECTED CASES, THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -27- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946** **WP(C) NO. 38281 OF 2023** ## **PETITIONER:** **SREENITHYA.P.** **AGED 22 YEARS, D/O. BABY.P.Y.,** **POOKKATTIL, KOLENCHERY, ERNAKULAM DISTRICT, PIN - 603302** **BY ADVS. S.SANAL KUMAR BHAVANA VELAYUDHAN T.J.SEEMA** ## **RESPONDENTS:** **1 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., THRISSUR, KERALA, PIN - 680596** **2 THE VICE CHANCELLOR KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA, PIN - 680596** **3 BOARD OF EXAMINATIONS REPRESENTED BY ITS CHAIRMAN (THE VICE CHANCELLOR), KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA, PIN - 680596** - **4 THE CONTROLLER OF EXAMINATIONS** **KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR,** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -28- **KERALA, PIN - 680596** **5 BOARD OF ADJUDICATION REPRESENTED BY ITS CHAIRMAN PRO-VICE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA, PIN - 680596** **6 NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS CHAIRPERSON, POCKET-14 , SECTOR -8, DWARKA PHASE -1. NEW DELHI, INDIA, PIN - 110077** **BY ADVS. P.SREEKUMAR (SC) K.S.PRENJITH KUMAR (SC)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2024, ALONG WITH WP(C).28972/2023 AND CONNECTED CASES, THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -29- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 WP(C) NO. 39676 OF 2023** ## **PETITIONER:** **HRIDYA DILEEP AGED 20 YEARS D/O DILEEP, MBB STUDENT, GOVERNMENT MEDICAL COLLEGE, KANNUR, RESIDING AT PARVANNAM ETHIYELIL HOUSE, THAMARACHAL, KIZHAKKAMBALAM PO, ERNAKULAM, PIN - 683562** **BY ADVS. P.CHANDRASEKHAR P.B.SUNEER ANOOP KRISHNA C.RAMAN ANAND SANKAR REGIMOL M.K.** ## **RESPONDENTS:** **1 NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARKA, PHASE-1, NEW DELHI REPRESENTED BY ITS DIRECTOR., PIN - 110077** **2 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS) REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE PO, THRISSUR, PIN - 680596** - **3 THE BOARD OF ADJUDICATION FOR STUDENTS GRIEVANCES KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS), MEDICAL COLLEGE PO, THRISSUR,** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -30- ## **PIN - 680596** **4 THE PUBLIC RELATION OFFICER KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS), REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE PO, THRISSUR, PIN - 680596** - **5 THE PRINCIPAL TRAVANCORE MEDICAL COLLEGE, ANJARAKANDY PO, KANNUR, PIN - 670612** **BY ADVS. K.S.PRENJITH KUMAR, SC SANEER P.M. P.SREEKUMAR, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2024, ALONG WITH WP(C).28972/2023 AND CONNECTED CASES, THE COURT ON 24.05.2024 DELIVERED THE FOLLOWING:** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -31- ## **T.R. RAVI, J.** **-------------------------------------------WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023** -------------------------------------------Dated this the 24th day of May, 2024 ## **JUDGMENT** The petitioners in all these writ petitions are medical students studying in different Medical Colleges. They appeared for MBBS examinations before the coming into force of the new pattern of valuation whereby the minimum mark was fixed at 40% for a pass. Under the earlier norms, in case of subjects having two papers, a student has to get a minimum of 50% in aggregate (ie; both papers together) to pass the said subject. The criteria has been amended as, a minimum of 40% in aggregate for both papers together. Where the exam is conducted for two papers along with the practicals, the criteria earlier was that the candidate should obtain 50% marks separately for the theory examination and the practical examination to be declared as passed in the subject. This was changed as the candidate should obtain 50% mark in aggregate and 60:40 WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -32- (minimum) or 40:60 (minimum) in the university conducted examinations in theory and in the practicals to be declared as passed in the subject. 2. When WP(C) Nos.38235/2023 & 38281/2023 came up for orders on 20.11.2023, this Court had passed an interim order directing the NMC through its competent authority to hear the petitioners as well as the university and arrive at a possible solution for certain anomalies which were pointed out in the order. Paragraphs 2 & 3 of the said order are extracted below: “2. In the case of the petitioner in W.P.(C.) No.38281/2023, she has appeared for all the chances which are available and is presently out of the MBBS stream, for not having got 50% aggregate. It is pointed out from the mark sheets that in Human Anatomy subject which has Paper I and Paper II and practicals, the student has obtained for Human Anatomy Paper I, the marks 52, 48, 56, 49 in the four attempts made and in Human Anatomy Paper II the student has obtained 31, 51, 29, 43. It can thus be seen that as far as Paper I is concerned the student has scored a maximum of 56 and a minimum of 48. The minimum mark itself is above the 40% which is now required and on two occasions the candidate had more than 50% marks also. In the case of Human Anatomy Paper II, it can be seen that the candidate has scored above 50 in one attempt and above 40 in two attempts. If the best marks are taken, the candidate will necessarily pass. However, when the aggregate of 50% in the subject is applied, the candidate falls short by one mark in one of the attempts. It WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -33- can also be seen that if the candidate’s best marks 56 and 51 are taken in the two papers, he has scored more than 50% aggregate which was the earlier requirement and much above the present requirement. If the new criteria is applied on three attempts, the candidate would have been declared as passed. 3. Coming to the prescription of 60:40 and 40:60, that creates a further anomaly because a person who scores 59% marks in the theory as well as in practical separately and also obtains a 59% aggregate cannot be declared as passed because he has not scored 60% mark in either practicals or theory. That is, an aggregate of 50% has actually been shifted to 60% by the present guideline which is supposedly to reduce the requirement going by the earlier prescription of 40%. Apparently, that is not what has been intended. It is true that if a person gets only 40% in one part, he necessarily has to get 60% in other in order to make up for 50%. But that average can also be a 42-58 or 41-49 or 43-57 or any of such combinations. Apparently, it can only be a mistake because what was intended was only a 50% aggregate.” ## WP(C) No.29884/2023 3. The petitioner joined the MBBS course at the Travancore Medical College, Kollam in 2022. The class for the first month of the first-year MBBS course was conducted online. The petitioner was allowed to sit for the 1[st] year MBBS examination in 2023. She failed in all subjects though she passed the practical examinations. She did not get sufficient marks in the theory examination to pass the examination. She was three marks short in Human Anatomy and WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -34- Physiology and 8 marks short in Bio-Chemistry in the theory papers. The 2[nd] respondent declared the date of the supplementary examination within 19 days of the declaration of the results of the regular examination, which according to the petitioner defies logic and is irrational and unreasonable, particularly since the MCI Graduate Regulation, 1997 as amended in 2018 provides for 90 days between the declaration of the result of the regular examination and the date of supplementary examination to give sufficient time to the students to prepare for the examination. The petitioner submits that most of the students failed in the subject Anatomy in the supplementary 1[st] year MBBS examination held in May 2023. It is submitted that though the petitioner got 154 marks in aggregate for theory and practical examinations in Human Anatomy, as there was a deficit in the theory papers, she was declared failed in the subject. The NMC amended the criteria for passing the examination and as per the amended criteria, in subjects that have two papers, the learner must secure a minimum of 40% of marks in aggregate to pass the subject. The petitioner submits that she had more than 50% in aggregate in the two papers of Human Anatomy and she ought to be declared as passed in the said subject. WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -35- ## WP(C) No.39676/2023 4. The petitioner is an MBBS student admitted to Kannur Medical College. She appeared for her first professional MBBS Degree Regular Examination (2021 admission) in February 2023. Since she did not get the required 50% mark in aggregate in the 3 papers Human Anatomy, Physiology, and Biochemistry, she was declared failed. In the supplementary examination conducted in May 2023, she passed the Physiology paper but failed in Human Anatomy and Biochemistry though she scored 167 & 173 marks in the said subjects out of 300 marks. It can be seen from Ext.P4 mark sheet that in Human Anatomy Paper 1 & Paper 2 she had scored 53 & 45 respectively, totalling to 98, and in Bio-Chemistry Paper 1 & Paper 2, she had scored 47 & 51 respectively, totalling to 98. Since she did not have the minimum of 100 marks as was then required, she was declared failed. The Competency Based Medical Education Curriculum (CBME) guidelines which were issued by the NMC on 01.09.2023 as a corrigendum to the earlier communication dated 01.08.2023 amended the requirement of the minimum 50% mark as a minimum 40% mark in aggregate. The amendment was brought into force on 01.09.2023. The petitioner submits that if the amendment was made retrospective, she would have to be declared WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -36- as passed in the said subjects. ## WP(C) 38235/2023 5. The petitioner joined the MBBS course in the year 2020 amid Covid 19. In the first-year examination, he could not secure a pass in the subjects. Ext.P2 is the mark sheet for the 1[st] year professional MBBS supplementary examination conducted in May 2022, which shows that the petitioner failed in all three subjects. It can be seen that in Physiology, he scored 93 in aggregate, and in Biochemistry he scored 98 in aggregate, and he scored the minimum required mark in the practical for all three papers. He appeared for the supplementary examination conducted in February 2023, wherein also he had the minimum required marks for the practicals but did not have the required minimum of 100 marks each in the three papers Human Anatomy, Physiology, and Biochemistry. He has, however, scored 40% marks in all three subjects. Here also, the contention is that if the amended criterion is applied for the examination which was conducted in February 2023, for which the results were published on 10.05.2023, the petitioner would have been declared as passed in the subjects. ## WP(C) No.38282/2023 6. The petitioner joined the MBBS course during the WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -37- academic year 2020-21 at KMCT Medical College, Mukkom, Kozhikode. She has already made four attempts. In the 1[st] year, for Human Anatomy Paper 1, she scored 52, 48, 46 & 49 in the four attempts, and in Human Anatomy Paper 2, she obtained 31, 51, 29, and 43 in the four attempts. In Paper 1, she scored 56 marks maximum and 48 marks minimum out of the four attempts, all of which are above 40% which is the amended requirement. On two occasions the candidate also scored more than 50% in Paper 1. In Paper 2, the candidate had scored more than 50% in one attempt and more than 40% in two attempts. Here again, if 40% was the minimum she would have passed the examination. She later passed Physiology and Bio-Chemistry papers and Human Anatomy alone remains. WP(C) No.35266/2023 7. This writ petition has been filed by 12 students. All of them belong to the 2021 batch of MBBS students and have completed four attempts for the first-year professional MBBS examination. None of them could pass the examination applying the earlier norm of 50% minimum. They seek retrospective effect to the corrigendum issued on 01.09.2023, whereby 40% was made the minimum required mark. There is also a prayer for giving them a WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -38- mercy chance to write the upcoming 1[st] year professional MBBS regular/supplementary examination 2022-23 scheduled to be conducted in November 2023. ## WPC No.28972/2023 8. This is a writ petition filed by 95 students. All of them belong to the 2021-22 batch of MBBS in different medical colleges. The prayer in the writ petition is to permit the petitioners to continue with the studies along with the regular second-year batch of professional MBBS 2021-22 after qualifying the 1st year professional MBBS examination supplementary, which was to be held in 2023. The prayer in this writ petition is a little different from the prayers in the other writ petitions. However, there is a prayer for applying Ext.P15 corrigendum dated 01.09.2023 for the petitioners’ batch of 2021-22 also, which would enable them to pass the examination. 9. The NMC has filed a counter affidavit in WP(C) No.29884/2023. It was stated that the Under Graduate Medical Education Board (UGMEB) had published a public notice on 23.06.2023 publishing a draft of Competency-Based Medical Education Guidelines (CBME guidelines for short) inviting comments from the stakeholders. After considering the comments/suggestions received from the public, the UGMEB, in the exercise of powers under WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -39- Sections 10, 24, 25 & 57 of the National Medical Commission Act 2019, published the CBME guidelines by notification dated 01.08.2023. The guidelines have been produced as Ext.R1(b). As per Ext.R1(b) guidelines, the criteria for passing an examination in a subject which has two papers, the learner must secure a minimum of 50% marks in aggregate both papers together. Ext.R1(b) specifically says that the guidelines will be effective from 01.08.2023. It is the said guideline which was varied by Ext.P10 corrigendum which was issued on 01.09.2023 and made effective from 01.08.2023, which is the date of Ext.R1(b). It is by the corrigendum, that the 50% mark was made 40%. The counter affidavit says that the intention of the rule makers that guidelines were to have only prospective application, is clear from Ext.R1(b), and the publication made on 01.09.2023 was only a corrigendum. The counter affidavit explains the working of the guidelines in paragraph 9, which is extracted below: “1. **In subjects that have two papers** : the minimum 50% of marks in aggregate (both papers together) to pass in the said subject has been **changed to minimum of 40% marks in aggregate** (both papers together) 2. **Criteria for passing in a subject containing Theory and Practical** : A candidate shall obtain 50% marks in University WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -40- conducted examination separately in Theory and Practical (practical includes practical/clinical and viva voce) has been **changed to minimum of 40% marks separately in Theory and Practical** and **50% marks in aggregate, remained same** in order to be declared as passed in that subject.” In reference to the Amended CBME Guidelines, page 58 outlines the criteria for passing the exam as follows: a. In **scenario 1** , for **subjects with two papers (paper 1 and paper 2)** , the student must attain an aggregate of minimum of 40% marks (combining both papers). Example: |Example:|||| |---|---|---|---| |Subject|||| |Paper 1<br>marks|Paper 2<br>marks|Total|Remarks| |41/100|39/100|80/200 or 40%|Pass| |30/100|45/100|75/200 or 37.5%|Fail<br>(not<br>getting<br>aggregate of 40% total<br>in both papers, hence<br>declared Fail)| |b.<br>In<br>|**scenaria **|**2**, for<br> **both **|| components, subjects are required to achieve a minimum of 50% marks in aggregate **AND** Minimum of 40% in university conducted examination separately in Theory and in Practical. ## **SUBJECT 1 : (THEORY)** PAPER 1 : 82/100 PAPER 2 : 38/100 TOTAL : 120/200=60% ## **PRACTICAL:** SCORE : 40/100 TOTAL : 40% ## **Aggregate percentage** : 82+38+40=160/300=53.3% In above example since the student has secured minimum of 40% WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -41- marks in theory and practical separately and 50% aggregate (both theory and practical), hence the student will be considered PASS. **SUBJECT 2 : (THEORY)** PAPER 1 : 41/100 PAPER 2 : 40/100 TOTAL : 81/200=40.5% **PRACTICAL** : SCORE : 65/100 TOTAL : 65% **Aggregate percentage** : 40+41+65=146/300=48.6% In this example, although the student has separately fulfilled the criteria of minimum 40% marks however he failed to attain aggregate of 50% hence FAILED. 10. The counter affidavit further says that after the publication of the guidelines, queries were received from various stakeholders as to the retrospectivity of Ext.R1(b). It is stated that the UGMEB had issued a public notice on 03.10.2023 stating that retrospective effect cannot be given. Ext.R1(c) is the copy of the said public notice. It is hence submitted that the petitioners in all these cases, who have taken the examination before the publication of Ext.R1(b) guidelines, cannot seek the benefit of the guidelines. It is asserted in the counter affidavit that the crucial date for claiming benefits as per Ext.R1(b) guidelines is the date when the examinations commenced and not the date on which the results are published. 11. Sri P. Chandrasekhar, appearing for the writ petitioners in two of the writ petitions contended that inequity is a ground for WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -42- justifying interference by this Court in the exercise of its jurisdiction under Article 226 of the Constitution of India. Reliance was placed on the judgment of this Court in **Vijayan P. vs. State of Kerala and others [2020(5) KHC 76]** in support of the said contention. The above case relates to the restoration of “bought-in” land to the original owner. The judgment was rendered on a specific finding that the sale that was conducted by the Government was without following the procedure prescribed. The equity jurisdiction invoked in the said judgment does not in any manner interfere with policy decisions or with decisions of the expert body. The principles laid down therein cannot be applied to the facts of this case. The Counsel also relied on the judgments of the Hon’ble Supreme Court in **A.P.Pollution Control Board vs. Prof.M.V.Nayudu(Retd.) and others 1999(2) SCC 718** and **M.I.Builders Pvt.Ltd v. Radhey Shyam Sahu and others 1999(6) SCC 464** , to submit that bad governance can also be a ground for interference under Article 226. It is submitted that the amendment was brought about to the valuation method after a detailed study, which itself shows that what was prevailing earlier was not wholesome and the new criteria were more scientific. The contention is that when the NMC which is the rule-making body itself was convinced about the manifest WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -43- arbitrariness in the earlier method, resulting in bringing about the change, there was no reason for not making the said change applicable retrospectively, at least to those students whose tuition was seriously affected by the Covid pandemic. It is submitted that more importance is now given to practical knowledge. It is submitted that when the authorities do not correct themselves, the Court must step in. 12. Sri Sanal Kumar, representing the petitioners in some of the writ petitions submitted in addition that classifying students who appeared for examination after the amendment as a separate class is impermissible. Reliance is placed on the judgment of the Court of Appeals in **Associated Provincial Picture Houses Limited v. Wednesbury Corporation [1948 (1) KB 223]** , to submit that the Court can interfere (i) if a decision is arrived at taking into account matters which ought not to have taken into account, (ii) if the authority refused to take into account or neglected to take into account matters which ought to have been taken into account and (iii) if the conclusion arrived at is so unreasonable that no reasonable authority could ever have come to such a conclusion. It is submitted that the Court in such cases, is not interfering as an appellate authority but as a judicial authority, that is concerned to see if the WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -44- authority concerned has contravened the law or acted in excess of the powers that the Parliament has conferred on it. The Counsel relied on the decision in **D.S.Nakara and others v. Union of India** **1983(1) SCC 305** , wherein a Constitution Bench of the Hon’ble Supreme Court had held that restricting the benefit of liberalized pension to pensioners who retired from service after a particular date was bad in law, to submit that the liberalized valuation has to be extended to all the students uniformly and cannot be restricted to students who wrote the examination after the date of introduction of the amended criteria. Reliance is also placed on the decision of a Division Bench of this Court in **Saumya Ann Thomas v. Union of India [2010(1) KLT 869]** , wherein this Court had read down the mandatory minimum period of separate residence of 2 years stipulated in the Divorce Act, 1869 as one year, to bring it in conformity with the provisions of the other laws to avoid the vice of unconstitutionality. The counsel hence prays that the applicability of the amended criteria of evaluation must be extended to all the students uniformly. 13. The decision of the Hon'ble Supreme Court in **Independent Thought V. Union of India and Another [(2017) 10 SCC 800]** is also relied on to submit the requirement to read WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -45- down the provision. The Hon'ble Supreme Court in the said decision was concerned with the classification of the age of 15 to 18 years to decriminalise rape committed on a wife of that age. The dictum laid down in the said decision cannot be applied to a case relating to laying down of norms for passing an examination, by the competent authority. The counsel relied on the judgment in **Delhi Transport Corporation V. D.T.C. Mazdoor Congress and Others (1991 Supp (1) SCC 600)** where again, the Hon'ble Supreme Court had struck down a provision for termination of service of permanent employees of public/semi-Government undertaking only on one month's notice or pay in lieu of notice without any enquiry. Reference is made to the minority decision in the above judgment, wherein the Court considered the situations in which a provision can be read down. The dictum laid down in the said judgment also cannot be applied to the facts of these cases. Yet another decision that is relied on was the decision of a Constitutional Bench of the Hon'ble Supreme Court in **Navtej Singh Johar and Others V. Union of India [(2018) 10 SCC 1]** , wherein the Hon'ble Supreme Court considered the constitutionality of Section 377 of the Indian Penal Code. Reference was made to paragraphs 366 & 369 of the said judgment. The said judgment also cannot have any bearing on WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -46- the issue that is involved in the cases before me. 14. Adv.Sri Sivakumar appearing for the petitioners in some of the writ petitions endorsed the arguments advanced by the counsel for the petitioners in the other cases. The counsel elaborately took me through the difficulties faced by the students who were all admitted during the covid pandemic and were affected since they could not get sufficient tuition. It is submitted that neither were the examinations conducted as per the calendar nor were the supplementary examinations conducted as per the guidelines. It is submitted that the criteria for passing was amended after a critical analysis of the situation and is now competency-based. It is submitted that the very name of the guidelines suggests that the thrust is on competency-based medical education and it is submitted that if the authorities felt that the amended criteria are more apt for testing the students, there is no reason why the same could not be applied in the case of all the students uniformly. 15. The counsel for the NMC submitted that the first exam of a series of examinations will be the relevant date to fix the applicability of the revised norms. It is further submitted that the guidelines are not for valuation alone and they deal with the appointment of examiners and several other factors. It is submitted that the WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -47- decision is taken by an expert body who is competent to take the decision and there is no scope for any judicial review of such decisions. The counsel for the University also submitted that giving retrospectivity to the decision would be irrational since it would lead to a situation where the University will have to re-do the evaluation process of the entire earlier batches who have still not completed the course and decide whether they have passed or failed the examination over again. 16. I have considered the arguments advanced by the counsel for the petitioners and the respondents. It may be true that the petitioners are all persons who were affected by Covid pandemic and could not undergo a regular course. However, the fact remains that such a difficulty existed throughout India and was not particular to a few colleges. It is settled law that in academic matters, the Courts will be loath to interfere. In **University Grants Commissions V. Neha Anil Bobde (2013 10 SCC 519)** , the Hon'ble Supreme Court held as follows: **“31.** We are of the view that, in academic matters, unless there is a clear violation of statutory provisions, the regulations or the notification issued, the courts shall keep their hands off since those issues fall within the domain of the experts. This Court in University of Mysore v. C.D. Govinda Rao [AIR 1965 WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -48- SC 491] , Tariq Islam v. Aligarh Muslim University [(2001) 8 SCC 546 : 2002 SCC (L&S) 1] and Rajbir Singh Dalal v. Chaudhary Devi Lal University [(2008) 9 SCC 284 : (2008) 2 SCC (L&S) 887] , has taken the view that the court shall not generally sit in appeal over the opinion expressed by the expert academic bodies and normally it is wise and safe for the courts to leave the decision of the academic experts who are more familiar with the problem they face, than the courts generally are. UGC as an expert body has been entrusted with the duty to take steps as it may think fit for the determination and maintenance of standards of teaching, examination and research in the university. For attaining the said standards, it is open to UGC to lay down any “qualifying criteria”, which has a rational nexus to the object to be achieved, that is, for maintenance of standards of teaching, examination and research. The candidates declared eligible for Lectureship may be considered for appointment as Assistant Professors in universities and colleges and the standard of such a teaching faculty has a direct nexus with the maintenance of standards of education to be imparted to the students of the universities and colleges. UGC has only implemented the opinion of the experts by laying down the qualifying criteria, which cannot be considered as arbitrary, illegal or discriminatory or violative of Article 14 of the Constitution of India.” ## 17. The Hon'ble Supreme Court in **Praneeth K and Others V. University Grants Commission and Others [(2021) 14 SCC** **241]** had reiterated the law in this regard. The paragraph referred to above was quoted with approval. The underlying principle in all these judgments is that when the responsibility for maintaining WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -49- standards of education has been vested in a body, the standards fixed by the said body should not ordinarily be interfered with by the courts in the exercise of the power of judicial review. The expert academic bodies who are more familiar with the problems of higher education should be entrusted with the duty to take such steps as they may think fit for determination and maintenance of the standards of teaching/education and research and it is not for the court to sit in appeal over such decisions. 18. Keeping in mind the limited role available with the writ Court, I shall consider the impact of decisions that have been referred to by the counsel for the petitioners. As already stated, the judgment in **Vijayan (supra)** , **Navtej Singh Johar (supra)** , **Delhi Transport Corporation (supra)** and **Independent Thought (supra)** cannot be applied to the fact situation. The judgments in **A.P. Pollution Control Board (Supra)** & **M.I. Builders (supra)** can be applied only if this Court finds that there is an element of bad governance in applying the revised valuation criteria prospectively. I do not think that there is bad governance involved in these cases. The expert body had, after a re-look into the valuation criteria, made certain amendments. To hold that the amendment would apply to all students who are undergoing the MBBS course which extends for WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -50- more than 4 years will necessarily be unreasonable. The norms cannot be applied to the students who have already taken the examinations and whose results have already been announced. That would mean a re-doing of the entire exercise which was done earlier. This Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India cannot create chaos in the entire country by declaring that the norms will be applied retrospectively. This Court cannot remedy every hardship. It may be true that if the revised criteria had been applied, several of the petitioners would have passed their examinations earlier. However, that cannot be a reason to say that the respondents have gone wrong in implementing the revised guidelines prospectively. As held by the Hon'ble Supreme Court in **Neha Anil Bobde (supra)** and other cases, this Court must keep its hands off since the issue falls within the domain of experts. The decisions regarding bad governance cannot hence be applied in these cases. The Court, not being an expert body to decide on the standards of education and examination, is also not competent to determine whether there is any Wednesbury unreasonableness involved in the actions of the respondents. The petitioners do not have a case that the decision to liberalise the evaluation criteria itself is unreasonable. They are only aggrieved since the liberalised WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -51- scheme is not being made applicable in their cases. As already observed, this Court cannot direct retrospective operation of the guidelines and create chaos. When a retrospective operation cannot be declared, necessarily it follows that the benefit cannot be extended to the petitioners before this Court alone. Unlike the choice of a date for implementation of the beneficial pension scheme, as in **D.S. Nakara (supra** ), the issue involved in these cases is a refixation of the standards for examination. The refixation of the standard, merely because it is more liberalised, does not lead to a situation that it should be made applicable to all the students who are undergoing the studies. There is nothing unreasonable in fixing a date for implementation of the liberalised scheme. The decision in **Soumya Ann (supra)** also cannot be applied to the facts of these cases. That was a case where this Court held that fixing a mandatory minimum period of separate residence differently for persons belonging to different communities cannot be justified under Article 14 of the Constitution of India. Such a fact situation does not arise in these cases. It is difficult to conclude that there is any discrimination between the petitioners and other students who appear for the examination after the introduction of the amended criteria. WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -52- 19. This Court had in the interim order which has been extracted above pointed out certain inconsistencies in the amended criteria since the petitioners in these cases are not persons to whom the amended criteria can be applied. I do not think a general direction is called for in these writ petitions. However, this Court is of the opinion that the NMC needs to apply its mind to the aspects pointed out, particularly concerning the specification of 60:40 and 40:60 which can lead to undesirable results, and make necessary corrections, if so required. Since the counsel for the University submitted that they are not following the said prescriptions nothing further needs to be said on the said issue. In the result, these writ petitions fail and are dismissed. Sd/- **T.R. RAVI JUDGE** Pn WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -53- ## **APPENDIX OF WP(C) 28972/2023** ## **PETITIONER'S EXHIBITS** **Exhibit P1** **A TRUE COPY OF THE RELEVANT PAGES OF THE NATIONAL MEDICAL COMMISSION ACT, 2019 DATED 08.08.2019** **Exhibit P2** **A TRUE COPY OF THE RELEVANT PAGES OF THE "PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2021" WHICH IS APPROVED VIDE G.O (MS)NO. 269/2021/HEDN. DATED 25.05.2021** **Exhibit P3 A TRUE COPY OF THE CIRCULAR IN FILE NO. NMC/US(NMC)/2022/74/008324 DATED 01/02/2022** **Exhibit P4** **A TRUE COPY OF THE G.O.(RT) NO. 294/2022/H&FWD DATED 07.02.2022** **Exhibit P5 A TRUE COPY OF THE CIRCULAR NO. U.11026/1/2022-UGMEB REGARDING THE IMPLEMENTATION OF NEW CBME FOR THE UNDERGRADUATE COURSE CURRICULUM DATED 31.03.2022** **Exhibit P5(2) A TRUE COPY OF THE GUIDELINES FOR IMPLEMENTATION OF THE NEW CBME COURSE CURRICULUM FOR MBBS BATCH 2021-22 ADMITTED IN FEB MARCH 2022** **Exhibit 5(3) A TRUE COPY OF THE ACADEMIC CALENDER FOR MBBS BATCH (2021-22) ADMITTED IN FEB-MARCH 2022** **Exhibit 5(4) A TRUE COPY OF THE MONTHWISE SCHEDULE FOR NEW CBME COURSE FOR MBBS BATCH 2021-22 JOINED IN FEB-MARCH 2022** **Exhibit P6 A TRUE COPY OF THE CIRCULAR BEARING NO. U. 11026/1/2022-UGMEB DATED 31.03.2022 ISSUED BY THE PRESIDENT, NMC** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -54- |**Exhibit**|**P7**|**A TRUE COPY OF THE TIMETABLE OF THE "FIRST**| |---|---|---| |||**PROFESSIONAL**<br>**MBBS**<br>**DEGREE**| |||**REGULAR/SUPPLEMENTARY EXAMINATIONS FEBRUARY**| |||**2023" DATED 21-01-2023**| |**Exhibit**|**P8**|**A TRUE COPY OF THE TIMETABLE OF THE "FIRST**| |||**PROFESSIONAL MBBS DEGREE SUPPLEMENTARY**| |||**(SAY) EXAMINATIONS MAY 2023 DATED**| |||**17.05.2023**| |**Exhibit**|**P9**|**A TRUE COPY OF THE TENTATIVE EXAMINATION**| |||**CALENDER 2022-23 ISSUED BY THE 2ND**| |||**RESPONDENT - NMC**| |**Exhibit**|**P10**|**A TRUE COPY OF THE RESULT NOTIFICATION**| |||**BEARING NO. 2022/42475/1/B1/EXMED/KUHS**| |||**ISSUED BY THE 1ST RESPONDENT UNIVERSITY**| |||**DATED 10.05.2023**| |**Exhibit**|**P11**|**A TRUE COPY OF THE ORDER BEARING UO NO.**| |||**926/2021/ACADEMIC/KUHS DATED 16.11.2021**| |||**ISSUED BY THE 1ST RESPONDENT**| |**Exhibit**|**P12**|**A TRUE COPY OF THE RESULT NOTIFICATION OF**| |||**THE FIRST PROFESSIONAL SUPPLEMENTARY**| |||**EXAMINATION (SAY) MAY 2023 BEARING NO :**| |||**2023/15527/1/B1/EXMED/KUHS ISSUED BY THE**| |||**1ST RESPONDENT UNIVERSITY DATED 03.07.2023**| |**Exhibit**|**P13**|**A TRUE COPY OF THE REPRESENTATION SENT BY**| |||**PETITIONER NO. 1 TO 16 TO THE RESPONDENT**| |||**NO. 1**| |**Exhibit**|**P13(2)**|**A TRUE COPY OF THE REPRESENTATIONS SENT BY**| |||**THE PETITIONERS NO. 1 TO 16 TO THE**| |||**RESPONDENT NO. 2**| |**Exhibit**|**P13(3)**|**A TRUE COPY OF THE REPRESENTATIONS SENT BY**| |||**THE PETITIONERS NO. 1 TO 16 TO THE**| |||**RESPONDENT NO. 3**| |**Exhibit**|**13(4)**|**A TRUE COPY OF THE REPRESENTATIONS SENT BY**| |||**THE PETITIONERS NO. 1 TO 16 TO THE**| |||**RESPONDENT NO. 5**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -55- |**Exhibit P14**|**THE COMMUNICATION/NOTIFICATION ALONG WITH**| |---|---| ||**THE RELEVANT PAGES OF THE CBME CURRICULUM**| ||**ISSUED BY THE 5TH RESPONDENT DATED**| ||**01.08.2023 BEARING NO. U.14021/8/2023-UGMEB**| |**Exhibit P15**|**A TRUE COPY OF THE CORRIGENDUM DATED**| ||**01.09.2023 ISSUED BY THE 5TH RESPONDENT**| ||**BEARING BEARING NO. U.14021/8/2023-UGMEB**| |**Exhibit P16**|**A TRUE COPY OF THE REPRESENTATION SENT BY**| ||**THE 17TH PETITIONER TO THE 2ND RESPONDENT**| |**Exhibit P16(A)**|**A TRUE COPY OF THE REPRESENTATION SENT BY**| ||**THE 17TH PETITIONER TO THE 5TH RESPONDENT**| |**Exhibit P17**|**THE**<br>**PUBLIC**<br>**NOTICE**<br>**BEARING**<br>**NO.**| ||**U/14021/8/2023 ISSUED BY THE 5TH RESPONDENT**| ||**DATED 03.10.2023**| |**Exhibit P18**|**A TRUE COPY OF THE FAQ PUBLISHED IN THE**| ||**OFFICIAL WEBSITE OF NMC**| |**Exhibit P19**|**A TRUE COPY OF THE REPLY RECEIVED TO THE**| ||**RTI APPLIED BY ONE OF THE STUDENTS FROM THE**| ||**1ST RESPONDENT UNIVERSITY REGARDING THE**| ||**ANSWER KEY OF THE SAY EXAMINATION HELD ON**| ||**MAY 2023 DATED 19.08.2023**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -56- ## **APPENDIX OF WP(C) 29884/2023** ## **PETITIONER'S EXHIBITS** **Exhibit P1 TRUE COPY OF NEET SCORE OF THE PETITIONER Exhibit P2 TRUE COPY OF THE PETITIONER'S SECONDARY SCHOOL EXAMINATION CLASS 10 GRADE SHEET CUM CERTIFICATE OF PERFORMANCE Exhibit P3 TRUE COPY OF THE SENIOR SCHOOL CERTIFICATE EXAMINATION, 2019 ISSUED BY CBSE Exhibit P4 TRUE COPY OF THE EXAMINATION RESULTS PROVISIONAL OF THE PETITIONER FOR THE FIRST PROFESSORIAL MBBS DEGREE REGULAR EXAMINATIONS (2021 ADMISSION), FEBRUARY 2023 Exhibit P5 TRUE COPY OF THE PUBLIC NOTICE DATED 12.10.2022 OF THE NATIONAL MEDICAL COMMISSION Exhibit P6 TRUE COPY OF THE FIRST PROFESSIONAL MBBS DEGREE SUPPLEMENTARY (SAY) EXAMINATION (2021 ADMISSION), MAY 2023 DATED 03.07.202 Exhibit P7 TRUE COPY OF THE APPLICATION DATED 06.07.2023 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P8 TRUE COPY OF THE ANSWER SHEET AND SCORE CARD OF HUMAN ANATOMY PAPER I AND 11 OF MBBS REGULAR EXAMINATION, 2023 (2021 ADMISSION) Exhibit P9 TRUE COPY OF THE ANSWER SHEET AND SCORE CARD OF HUMAN ANATOMY PAPER I & 11 OF 1ST PROFESSIONAL MBBS SUPPLEMENTARY EXAMINATION, 2023** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -57- ## **Exhibit P10** **TRUE COPY OF CORRIGENDUM NOTIFICATION DATED 01.09.2023 ISSUED BY THE NATIONAL MEDICAL COMMISSION** ## **RESPONDENTS' EXHIBITS** |**Exhibit R1(a)**|**TRUE COPY OF THE RELEVANT PAGES OF THE**| |---|---| ||**REGULATIONS ON GRADUATE MEDICAL EDUCATION,**| ||**1997**| |**Exhibit R1(b)**|**TRUE COPY OF THE RELEVANT PAGES OF**| ||**COMPETENCY**<br>**BASED**<br>**MEDICAL**<br>**EDUCATION**| ||**GUIDELINES DATED 01.08.2023**| |**Exhibit R1(c)**|**TRUE COPY OF PUBLIC NOTICE NO.**| ||**U/14021/8/2023-UGMEB**<br>**DATED**<br>**03.10.2023**| ||**ISSUED BY THE UNDER GRADUATE MEDICAL**| ||**EDUCATION BOARD**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -58- ## **APPENDIX OF WP(C) 35266/2023** ## **PETITIONERS' EXHIBITS** |**Exhibit P1**|**A**<br>**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**CIRCULAR**| |---|---| ||**NO.136/2020/AC1/MED/A1/KUHS**<br>**DATED**| ||**18/01/2021**| |**Exhibit P2**|**A TRUE COPY OF THE CIRCULAR IN FILE NO.**| ||**NMC/US(NMC)/2022/74/008324**<br>**DATED**| ||**01/02/2022**| |**Exhibit P3**|**A TRUE COPY OF THE CIRCULAR NO.**| ||**U.11026/1/2022-UGMEB**<br>**REGARDING**<br>**THE**| ||**IMPLEMENTATION OF NEW CBME FOR THE**| ||**UNDERGRADUATE COURSE CURRICULUM DATED**| ||**31.03.2022**| |**Exhibit P3(2)**|**A TRUE COPY OF THE GUIDELINES FOR**| ||**IMPLEMENTATION OF NEW CBME COURSE**| ||**CURRICULUM FOR MBBS BATCH 2021-22 ADMITTED**| ||**IN FEB MARCH 2022**| |**Exhibit P3(3)**|**A TRUE COPY OF THE ACADEMIC CALENDER FOR**| ||**MBBS BATCH (2021-22) ADMITTED IN FEB-MARCH**| ||**2022**| |**Exhibit P3(4)**|**A TRUE COPY OF THE MONTHWISE SCHEDULE FOR**| ||**NEW CBME COURSE FOR MBBS BATCH 2021-22**| ||**JOINED IN FEB-MARCH 2022**| |**Exhibit P4**|**A TRUE COPY OF THE CIRCULAR BEARING NO. U.**| ||**11026/1/2022-UGMEB DATED 31.03.2022 ISSUED**| ||**BY THE 6TH RESPONDENT ATTESTED BY ITS**| ||**PRESIDENT, NMC**| |**Exhibit P5**|**A TRUE COPY OF THE TIMETABLE OF THE "FIRST**| ||**PROFESSIONAL**<br>**MBBS**<br>**DEGREE**| ||**REGULAR/SUPPLEMENTARY**<br>**EXAMINATIONS**| ||**FEBRUARY 2023" DATED 21-01-2023**| |**Exhibit P6**|**A TRUE COPY OF THE TIMETABLE OF THE "FIRST**| ||**PROFESSIONAL MBBS DEGREE SUPPLEMENTARY**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -59- **(SAY) EXAMINATIONS MAY 2023 DATED 17.05.2023** **Exhibit P7 A TRUE COPY OF THE TENTATIVE EXAMINATION CALENDER 2022-23 ISSUED BY THE 1ST RESPONDENT** **Exhibit P8 A TRUE COPY OF THE RESULT NOTIFICATION BEARING NO. 2022/42475/1/B1/EXMED/KUHS ISSUED BY THE 1ST RESPONDENT UNIVERSITY DATED 10.05.2023** **Exhibit P9 A TRUE COPY OF THE RESULT NOTIFICATION OF THE FIRST PROFESSIONAL SUPPLEMENTARY EXAMINATION (SAY) MAY 2023 BEARING NO: 2023/15527/1/B1/EXMED/KUHS ISSUED BY THE 1ST RESPONDENT UNIVERSITY DATED 03.07.2023** - **Exhibit P10 A TRUE COPY OF THE CBME CURRICULUM ISSUED BY THE 6TH RESPONDENT DATED 01.08.2023 BEARING NO. U.14021/8/2023-UGMEB ALONG WITH THE RELEVANT PAGES OF THE CBME GUIDELINES** - **Exhibit P11 A TRUE COPY OF THE CORRIGENDUM DATED 01/09/2023 ISSUED BY THE 6TH RESPONDENT** - **Exhibit P12 A TRUE COPY OF THE REPRESENTATION SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT** - **Exhibit P12(2) A TRUE COPY OF THE REPRESENTATION SENT BY THE 1ST PETITIONER TO THE 2ND RESPONDENT** - **Exhibit P12(3) A TRUE COPY OF THE REPRESENTATION SENT BY THE 1ST PETITIONER TO THE 3RD RESPONDENT** - **Exhibit P12(4) A TRUE COPY OF THE REPRESENTATION SENT BY THE 1ST PETITIONER TO THE 4TH RESPONDENT** - **Exhibit P12(5) A TRUE COPY OF THE REPRESENTATION SENT BY THE 1ST PETITIONER TO THE 6TH RESPONDENT** - **Exhibit P13 A TRUE COPY OF THE FREQUENTLY ASKED QUESTIONS (FAQ) UPLOADED IN THE OFFICIAL** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -60- **WEBSITE OF THE NMC REGARDING THE NEW AMENDMENT, THAT IS, EXT.P11** |**Exhibit**|**P14**|**THE**<br>**PUBLIC**<br>**NOTICE**<br>**BEARING**<br>**NO.**|**THE**<br>**PUBLIC**<br>**NOTICE**<br>**BEARING**<br>**NO.**| |---|---|---|---| |||**U/14021/8/2023**<br>**ISSUED**<br>**BY**|**THE**<br>**6TH**| |||**RESPONDENT DATED 03.10.2023**|| |**Exhibit**|**P15**|**A TRUE COPY OF THE REPLY RECEIVED TO THE**|| |||**RTI APPLIED BY ONE OF THE STUDENTS FROM**|| |||**THE 1ST RESPONDENT UNIVERSITY**|**REGARDING**| |||**THE ANSWER KEY OF THE SAY EXAMINATION HELD**|| |||**ON MAY 2023**|| |**Exhibit**|**P16(1)**|**A TRUE COPY OF THE EXAMINATION**|**RESULT OF**| |||**THE 1ST PETITIONER**|| |**Exhibit**|**P16(1)(A)**|**A TRUE COPY OF THE SCORE SHEETS**|**OF THE 1ST**| |||**PETITIONER**|| |**Exhibit**|**P16(2)**|**A TRUE COPY OF THE EXAMINATION**|**RESULT OF**| |||**THE 2ND PETITIONER**|| |**Exhibit**|**P16(2)(A)**|**A TRUE COPY OF THE SCORE SHEETS**|**OF THE 2ND**| |||**PETITIONER**|| |**Exhibit**|**P16(3)**|**A TRUE COPY OF THE EXAMINATION**|**RESULT OF**| |||**THE 3RD PETITIONER**|| |**Exhibit**|**16(3)(A)**|**A TRUE COPY OF THE SCORE SHEETS**|**OF THE 3RD**| |||**PETITIONER**|| |**Exhibit**|**P16(4)**|**A TRUE COPY OF THE EXAMINATION**|**RESULT OF**| |||**THE 4TH PETITIONER**|| |**Exhibit**|**P16(5)**|**A TRUE COPY OF THE EXAMINATION**|**RESULT OF**| |||**THE 5TH PETITIONER**|| |**Exhibit**|**P16(5)(A)**|**A TRUE COPY OF THE SCORE SHEETS**|**OF THE 5TH**| |||**PETITIONER**|| |**Exhibit**|**P16(6)**|**A TRUE COPY OF THE EXAMINATION**|**RESULT OF**| |||**THE 6TH PETITIONER**|| |**Exhibit**|**P16(6)(A)**|**A TRUE COPY OF THE SCORE SHEETS**|**OF THE 6TH**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -61- ## **PETITIONER** |**Exhibit P16(7)**|**A TRUE COPY OF THE EXAMINATION RESULT OF**| |---|---| ||**THE 7TH PETITIONER**| |**Exhibit P16(7)(A)**|**A TRUE COPY OF THE SCORE SHEETS OF THE 7TH**| ||**PETITIONER**| |**Exhibit P16(8)**|**A TRUE COPY OF THE EXAMINATION RESULT OF**| ||**THE 8TH PETITIONER**| |**Exhibit P16(8)(A)**|**A TRUE COPY OF THE SCORE SHEETS OF THE 8TH**| ||**PETITIONER**| |**Exhibit P16(9)**|**A TRUE COPY OF THE EXAMINATION RESULT OF**| ||**THE 9TH PETITIONER**| |**Exhibit P16(10)**|**A TRUE COPY OF THE EXAMINATION RESULT OF**| ||**THE 10TH PETITIONER**| |**Exhibit P16(10)(A)**|**A TRUE COPY OF THE SCORE SHEETS OF THE**| ||**10TH PETITIONER**| |**Exhibit P16(11)**|**A TRUE COPY OF THE EXAMINATION RESULT OF**| ||**THE 11TH PETITIONER**| |**Exhibit P16(12)**|**A TRUE COPY OF THE EXAMINATION RESULT OF**| ||**THE 12TH PETITIONER**| |**RESPONDENTS' EXHIBITS**|**RESPONDENTS' EXHIBITS**|| |---|---|---| |**Exhibit R5(a)**|**TRUE COPY OF THE RELEVANT PAGES OF THE**|| ||**REGULATIONS ON GRADUATE MEDICAL EDUCATION,**|| ||**1997**|| |**Exhibit R5(b)**|**TRUE COPY OF THE **|**RELEVANT PAGES OF**| ||**COMPETENCY**<br>**BASED**|**MEDICAL**<br>**EDUCATION**| ||**GUIDELINES DATED 01.08.2023**|| |**Exhibit R5(c)**|**TRUE COPY OF **|**PUBLIC NOTICE NO.**| ||**U/14021/8/2023-UGMEB**|**DATED**<br>**03.10.2023**| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -62- **ISSUED BY THE UNDER GRADUATE MEDICAL EDUCATION BOARD** **Exhibit R5(d) TRUE COPY OF THE MINUTES OF VIRTUAL MEETING HELD ON 30.01.2024** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -63- ## **APPENDIX OF WP(C) 38235/2023** ## **PETITIONER'S EXHIBITS** **Exhibit P1 A TRUE COPY OF THE ASSESSMENT MODULE III FOR UNDERGRADUATE MEDICAL EDUCATION Exhibit P2 A TRUE COPY OF THE MARK SHEET OF THE 1ST YEAR MBBS EXAMINATION OF THE PETITIONER HELD IN MAY 2022 DATED 23.6.2022 Exhibit P3 A TRUE COPY OF THE EXAMINATION RESULT OF THE PETITIONER DATED 10.5.2023 Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE COMPETENCY BASED MEDICAL EDUCATION GUIDELINES 2023 OF THE NMC Exhibit P5 A TRUE COPY OF THE CORRIGENDUM NOTIFICATION Exhibit P6 A TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE NMC DATED 3.10.2023 Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF THE MEDICAL EDUCATION REGULATIONS, 2023 OF THE KUHS** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -64- ## **APPENDIX OF WP(C) 38281/2023** ## **PETITIONER'S EXHIBITS** **Exhibit P1 A TRUE COPY OF THE ADMISSION SLIP DATED 24.11.2020** **Exhibit P2 A TRUE COPY OF THE CIRCULAR DATED 29.4.2021 ISSUED BY THE REGISTRAR OF KUHS REGULATING THE CLASSES DURING THE COVID SEASON AND ALSO CONDUCT OF EXAMINATIONS** **Exhibit P3 A TRUE COPY OF THE UPDATED GUIDE LINES ISSUED BY THE DEAN STUDENT AFFAIRS AND NODAL OFFICER OF THE COVID ADVISORY COMMITTEE OF KUHS DATED 30.4,2021 Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 24.6.2021 ISSUED BY THE NODAL OFFICER, COVID JAGRATHA SAMITHI Exhibit P5 A TRUE COPY OF THE MARK LIST PUBLISHED ON 21.4.2022 Exhibit P6 A TRUE COPY OF THE RESULTS OF THE EXAMINATION OF 2020 BATCH HELD IN MAY 2022 PUBLISHED ON 23.6.2022 Exhibit P7 A TRUE COPY OF THE EXAMINATION RESULTS DATED 10.5.2023 Exhibit P8 A TRUE COPY OF THE EXAMINATION RESULTS DATED 3.7.2023 Exhibit P9 A TRUE COPY OF THE RELEVANT PAGES OF THE ASSESSMENT MODULE FOR UNDER GRADUATE MEDICAL EDUCATION 2019** **Exhibit P10 A TRUE COPY OF THE CIRCULAR OF THE NATIONAL MEDICAL COMMISSION DATED 12.5.2023** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -65- **Exhibit P11 A TRUE COPY OF THE JUDGMENT DATED 3.10.2023 IN WP(C) NO.26720/2023 Exhibit P12 A TRUE COPY OF THE RELEVANT PAGES OF THE COMPETENEY BASED MEDICAL EDUCATION GUIDELINES 2023 OF THE NMC Exhibit P13 A TRUE COPY OF THE CORRIGENDUM NOTIFICATION Exhibit P14 A TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE NMC DATED 3.10.2023 Exhibit P15 A TRUE COPY OF THE RELEVANT PAGES OF THE MEDICAL EDUCATION REGULATIONS, 2023 OF THE KUH** ## **RESPONDENTS' EXHIBITS** **Exhibit R6(a) TRUE COPY OF THE RELEVANT PAGES OF THE REGULATIONS ON GRADUATE MEDICAL EDUCATION 1997, NOTIFICATION DATED 04.03.1997 Exhibit R6(b) TRUE EXTRACT OF THE RELEVANT PAGES OF COMPETENCY BASED MEDICAL EDUCATION GUIDELINES DATED 01.08.2023 Exhibit R1(c) TRUE COPY OF THE PUBLIC NOTICE NO. U/14021/8/2023-UGMEB DATED 03.10.2023 ISSUED BY THE UNDERGRADUATE MEDICAL EDUCATION BOARD** WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -66- ## **APPENDIX OF WP(C) 39676/2023** ## **PETITIONER'S EXHIBITS** |**Exhibit P1**|**TRUE COPY OF THE **|**TRUE COPY OF THE **|**EXAMINATIONAL RESULTS**|**EXAMINATIONAL RESULTS**| |---|---|---|---|---| ||**(PROVISIONAL) DATED 10.5.2023 ISSUED TO THE**|||| ||**PETITIONER BY THE 2ND RESPONDENT**|||| |**Exhibit P2**|**TRUE COPY**|**OF THE SCORE SHEET IN RESPECT OF**||| ||**HUMAN ANATOMY PAPER I **|||**FOR FIRST**| ||**PROFESSIONAL EXAMINATION MBBS**|||**DEGREE HELD**| ||**IN FEBRUARY 2023 OF**||**THE PETITIONER ISSUED**|| ||**BY THE 2ND RESPONDENT**|||| |**Exhibit P3**|**TRUE COPY**|**OF THE SCORE SHEET IN RESPECT OF**||| ||**HUMAN ANATOMY PAPER II **|||**FOR FIRST**| ||**PROFESSIONAL EXAMINATION MBBS**|||**DEGREE HELD**| ||**IN FEBRUARY 2023 OF**||**THE PETITIONER ISSUED**|| ||**BY THE 2ND RESPONDENT**|||| |**Exhibit P4**|**TRUE COPY**|**OF THE MARK SHEET**||**FOR FIRST**| ||**PROFESSIONAL MBBS **||**DEGREE SUPPLEMENTARY**|| ||**EXAMINATIONS (SAY) DATED 03.07.2023 TO THE**|||| ||**PETITIONER BY THE 2ND RESPONDENT**|||| |**Exhibit P5**|**TRUE COPY**|**OF THE SCORE SHEET IN RESPECT OF**||| ||**HUMAN ANATOMY PAPER**||**I (SAY)**|**EXAMINATION**| ||**ISSUED TO THE PETITIONER BY THE 2ND**|||| ||**RESPONDENT**|||| |**Exhibit P6**|**TRUE COPY**|**OF SCORE**|**SHEET IN**|**RESPECT OF**| ||**HUMAN ANATOMY PAPER**||**II (SAY)**|**EXAMINATION**| ||**ISSUED TO THE PETITIONER BY THE 2ND**|||| ||**RESPONDENT**|||| |**Exhibit P7**|**TRUE COPY**|**OF SCORE**|**SHEET IN**|**RESPECT OF**| ||**BIOCHEMISTRY PAPER **||**I (SAY) **|**EXAMINATION**| ||**ISSUED TO THE PETITIONER BY THE 2ND**|||| ||**RESPONDENT**|||| WP(C) Nos.28972/2023, 29884/2023, 35266/2023, 38235/2023, 38281/2023 & 39676/2023 -67- |**Exhibit P8**|**TRUE COPY OF SCORE SHEET IN RESPECT OF**|**TRUE COPY OF SCORE SHEET IN RESPECT OF**| |---|---|---| ||**BIOCHEMISTRY PAPER II (SAY) **|**EXAMINATION**| ||**ISSUED TO THE PETITIONER **|**BY THE 2ND**| ||**RESPONDENT**|| |**Exhibit P9**|**TRUE COPY OF THE NOTIFICATION NO.**|| ||**F.NO.U/14021/8/2023-UGMEB2023**|**DATED**| ||**01.09.2023**|| |**Exhibit P10**|**TRUE COPY OF THE REPRESENTATION DATED**|| ||**05.09.2023 OF THE PETITIONER**|**TO THE 2ND**| ||**RESPONDENT**|| |**RESPONDENTS' EXHIBITS**||| |**Exhibit R1(a)**|**TRUE COPY OF THE RELEVANT PAGES OF THE**|| ||**REGULATIONS ON GRADUATE MEDICAL EDUCATION,**|| ||**1997**|| |**Exhibit R1(b)**|**TRUE COPY OF THE RELEVANT PAGES OF**|| ||**COMPETENCY**<br>**BASED**<br>**MEDICAL**|**EDUCATION**| ||**GUIDELINES DATED 01.08.2023**|| |**Exhibit R1(c)**|**TRUE**<br>**COPY**<br>**OF**<br>**PUBLIC**|**NOTICE**<br>**NO.**| ||**U/14021/8/2023-UGMEB**<br>**DATED**|**03.10.2023**| ||**ISSUED BY THE UNDER GRADUATE MEDICAL**|| ||**EDUCATION BOARD**|| |**Exhibit R1(d)**|**TRUE COPY OF THE MINUTES OF VIRTUAL MEETING**|| ||**HELD ON 30.01.2024**||