Kerala High Court
Seethalakshmi J vs Kerala University Of Health Sciences
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 23RD DAY OF MAY 2018 / 2ND JYAISHTA, 1940
W.P(C).No.16482 of 2018
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PETITIONER :
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SEETHALAKSHMI J.,
AGED 21 YEARS, D/O UNNIKRISHNAN NAIR,
RESIDING AT TC9/1456(3), ANJANEYAM, SANTHI NAGAR,
SREEKARYAM P.O., THIRUVANANTHAPURAM-695017.
BY ADVS.P.NANDAKUMAR
S.ANEESH
AMRUTHA SANJEEV
RESPONDENTS :
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1. KERALA UNIVERSITY OF HEALTH SCIENCES,
THRISSUR-680596,
REPRESENTED BY ITS REGISTRAR.
2. MEDICAL COUNCIL OF INDIA,
SECTOR-8, DWARAKA, NEW DELHI-110 077.
REPRESENTED BY ITS SECRETARY.
3. SREE GOKULAM MEDICAL COLLEGE AND RESEARCH FOUNDATION,
VENJARAMOODU, THIRUVANANTHAPURAM-695 607.
R1 BY ADV.P.SREEKUMAR,SC,KERALA UNIVERSITY OF HEALTH AND
ALLIED SCIENCE
R2 BY ADV.TITUS MANI VETTOM, SC, MEDICAL COUNCIL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23-05-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16482 of 2018 (I)
APPENDIX
PETITIONER'S EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF MCI
REGULATIONS ON GRADUATE MEDICAL EDUCATION,
1997.
EXHIBIT P2 TRUE COPY OF MARK LIST DATED 04.11.2017 FOR 1ST
PROFESSIONAL MBBS DEGREE REGULAR EXAMINATIONS,
JULY 2O17.
EXHIBIT P3 TRUE COPY OF MARK LIST DATED 10.04.2018 FOR 1ST
PROFESSIONAL MBBS DEGREE SUPPLEMENTARY
EXAMINATIONS, JANUARY 2O18.
EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE
ACADEMIC REGULATIONS AND COURSE REGULATIONS
OF THE KERALA UNIVERSITY OF HEALTH SCIENCE
DATED 12.05.2017.
EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE
EXAMINATION REGULATIONS OF JIPMER.
EXHIBIT P6 TRUE COPY OF THE RELEVANT EXTRACT OF
EXAMINATION REGULATION OF PONDICHERRY
UNIVERSITY.
EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE
EXAMINATION REGULATIONS OF DR.N.T.R UNIVERSITY
OF HEALTH SCIENCES VIJAYAWADA.
EXHIBIT P8 TRUE COPY OF THE RELEVANT EXTRACT OF THE
EXAMINATION REGULATIONS OF UNVIERSITY OF
DELHI.
EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF
EXAMINATIONS REGULATIONS OF RAJIV GANDHI
UNIVERSITY OF HEALTH SCIENCES, KARNATAKA.
EXHIBIT P10 TRUE COPY OF THE RELEVANT EXTRACT OF
EXAMINATIONS REGULATIONS OF WEST BENGAL
UNIVERSITY OF HEALTH SCIENCES.
RESPONDENTS' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
bpr
ANIL K. NARENDRAN, J.
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W.P.(C) No.16482 of 2018
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Dated this the 23rd day of May, 2018
JUDGMENT
The petitioner, who is a 1 st year MBBS student at Sree Gokulam Medical College and Research Foundation, Thiruvananthapuram, which is affiliated to the 1 st respondent University, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that Regulation 1.16 of Ext.P4 Academic Regulations of the 1 st respondent University is in violation of Regulation 12(4) of the Medical Council of India Regulations on Graduate Medical Education, 1997 and therefore illegal, arbitrary and unconstitutional. The petitioner has also sought for other consequential reliefs, including a writ of mandamus commanding the respondents to declare that the petitioner has passed 1 st year professional MBBS Degree Supplementary Examinations, January 2018 in the subject Bio-Chemistry.
2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the 1 st respondent University W.P.(C) No.16482 of 2018 :-2-:
and also the learned Standing Counsel for the 2 nd respondent Medical Council of India.
3. In Ashar v. Kerala University of Health Sciences [2014 (1) KLT 969], a Division Bench of this Court held that prescribing a separate minimum marks of 50% in theory papers alone without the aid of marks in the viva voce by the 1st respondent University in its Regulation amounts to fixing of a higher standard and there is no question of repugnancy to the prescription of Medical Council of India. Para.18 of the said judgment reads thus:
b