AIZEL SHERIEF Vs. KERALA UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to declare that the petitioner has successfully cleared the examination for theory papers for MS Orthopedics, and therefore, need not clear the test for theory papers again only for the reason that he has not secured pass mark for the practical test, and also seeking a writ of mandamus commanding respondents 1 and 2, not to insist the petitioner to retake the examination in theory papers as a condition for permitting him to appear for the practical test. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner, after completion of his MBBS course, is doing his three year MS Orthopedics course. As a part of attaining the Post Graduation, petitioner has to undergo the examinations comprising of two parts: (1) Theory and (2) Practicals including viva-voce. Regulations of the 1 st respondent University, which are attached as Ext.P1, prescribe the conditions for a post graduate medical student to be declared as "passed" or "failed". According to the petitioner, in W.P.(C) No.31364 of 2015, this Court has declared that to the extent KUHS Regulations require a post graduate student to attain a minimum of 50 per cent marks in theory and practical simultaneously in order to secure a pass in the examinations is inconsistent with the MCI Regulations. It is also stated that the MCI Act being a Parliamentary legislation, would have overriding effect over the provisions of the Regulations of the 1 st respondent University.

(3.) It is submitted, petitioner has attained more than the minimum pass marks in the theory papers, but failed to obtain the stipulated marks for his practicals. In the normal course, in view of the judgment of this Court referred to supra, petitioner need only to have cleared the practicals to secure his MS Degree. However, the provisional report shows that petitioner has failed in the examination. It is also contended, requiring the petitioner to re-take the whole examination, when Regulations 3.16 of the 1 st respondent University has been declared to be devoid of legal sanction by this Court, is arbitrary and illegal.