A.M. ASHAR SREE GOKULAM MEDICAL COLLEGE AND RESEARCH FOUNDATION Vs. KERALA UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) Being connected, the appeals are disposed of by a common judgment.

(2.) The appellants are the writ petitioners. They joined the M.B.B.S. Course in 2012 in colleges affiliated to the 1st respondent University. They had to undergo study in Anatomy, Physiology and Bio-Chemistry. The first professional examination was held in the aforesaid subjects. The Medical Council of India has prescribed conditions for a pass in M.B.B.S. Examinations, relevant pages of which had been produced as Ext.P1 Regulations in W.P.(C) No.28528/2013 (W.A.No.3/2014). As per Ext.P1, for qualifying in the First Professional Examinations, a candidate must obtain 50% in aggregate with a minimum of 50% in theory, which includes orals, and minimum of 50% in practicals. The total marks prescribed is 200. Out of 200 marks, 40 marks are allotted to internal assessment. The internal assessment in turn consists of theory and practical and for the same 20 marks is set apart for each. In each of the three subjects, a candidate has to take the examination in two theory papers of 50 marks each. Besides, 20 marks are set apart for viva voce and 40 marks are set apart for practical. The resultant position under the Regulations framed by the Medical Council of India is that out of 200 marks, a student must obtain minimum of 50% in theory, which includes viva voce and 50% in practical.

(3.) The appellants would appear to contend that in the examination they have secured marks which, in terms of the Regulations framed by the Medical Council of India, are sufficient to declare them as passed. The 1st respondent University through its Vice Chancellor invoking the power under section 12(7) of the Kerala University of Health Sciences Act, 2010, hereinafter referred to as 'the Act', under which the 1st respondent University is created, stipulated for an additional requirement that the student must obtain 50% marks in theory as a separate minimum. In other words, apart from obtaining 50% marks in theory and viva voce together, the student must also obtain separate minimum in theory alone. The appellants who have not obtained separate minimum in theory were declared as failed. It is in such circumstances, the writ petitions were filed challenging the prescription of separate minimum in theory and seeking other reliefs. The learned Single Judge dismissed the writ petitions. Being aggrieved, the writ appeals are filed.