ASWINI JAYARAM Vs. STATE OF KERALA
LAWS(KER)-2022-10-266
HIGH COURT OF KERALA
Decided on October 18,2022

Aswini Jayaram Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

DEVAN RAMACHANDRAN,J. - (1.)The Under Graduate Medical Course (MBBS), offered by the Kerala University of Health Sciences (KUHS), stipulates the following "Phase Distribution and Timing of Examinations":
"5.2 Phase Distribution and Timing of Examinations The nine semesters of six months each are distributed to three phases as detailed below:

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(2.)Adjunctly, three "Notes" have been added in the Regulations of the said University as under:
"(a) Passing the Ist professional examination (I MBBS) is compulsory before proceeding to Phase II training

(b) A student, who fails in the IInd professional examination, shall not be allowed to appear in IIIrd professional Part I examination unless he passes all subjects of IInd professional examination.

(c) Passing in IIIrd professional (Part I) examination is not compulsory before entering into semesters VIII and IX training, however passing of IIIrd professional (Part I) is compulsory for appearing for IIIrd professional (Part II) examination."

(3.)The petitioners in this case are students pursuing MBBS course and who assert are eligible to attend the IIIrd professional (Part I), if not, the IIIrd professional (Part II) classes. They, however, concede that they have not been able to clear the IInd professional phase, which takes in semesters III, IV and V, they having failed certain subjects in it.


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