2025:KER:25391 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 WA NO. 364 OF 2025 AGAINST THE JUDGMENT DATED 04.02.2025 IN WP(C) NO.26231 OF 2024 OF HIGH COURT OF KERALA APPELLANT: THE KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS) REPRESENTED BY VICE CHANCELLOR, HEAD QUARTERS, MULANKUNNATHUKAVU, THANGALOOR, THRISSUR, PIN - 680596 BY ADVS. BINNY THOMAS BINNY THOMAS, SC, KERALA UNIVERSITY OF HEALTH SCIENCES P.SREEKUMAR (SR.) RESPONDENTS: 1 RUMAIZA FEBIN S.K, AGED 23 YEARS, D/O ABDUL KADHAR SA, RESIDING AT RAHAT MANZIL, SASTHA NAGAR, YAKKARA, PALAKKAD, PIN - 678001 2 DR.MOOPEN'S MEDICAL COLLEGE REPRESENTED BY PRINCIPAL, NASEERA NAGAR, MEPPADI P.O, WAYANAD, PIN - 673577 ADDL.R3 THE NATIONAL MEDICAL COMMISSION, REPRESENTED BY DIRECTOR, 2025:KER:25391 WA NO. 364 OF 2025 2 SECTOR-B, DWARAKA, PHASE-I, NEW DELHI, PIN :110011 * ADDL.R3 IS IMPLEADED AS PER ORDER DATED 09.09.2024 IN I.A.1/2024 IN WP(C)26231/2024, PIN - 110011 BY ADV K.S.PRENJITH KUMAR SMT SUJA PADNABAN PILLAI THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 364 OF 2025 2025:KER:25391 3 JUDGMENT AMIT RAWAL, J. The present writ appeal is directed against the judgment of the Single Bench, whereby, considering the attenuating circumstances and predicament of the respondent/writ petitioner on humanitarian grounds, one chance, ie., the last chance, has been given to clear the two papers, Anatomy and Physiology of the 1st year MBBS professional course of the academic year 2020-2021. It is a matter of record that petitioner, after having undertaken the admission by clearing the NEET test, was allocated at Dr.Moopen’s Medical College, Wayanad, falling within the jurisdiction of Kerala University of Health Sciences and others, could not clear the aforementioned two papers in all the attempts available, including the mercy chance, strictly as per Regulation 7.7 of the Regulations on Graduate Medical Education (amendment 2019), which envisaged only four(4) 2025:KER:25391 WA NO. 364 OF 2025 4 chances to such students. In case of being unsuccessful in all the four chances, candidates cannot be permitted to continue, even lose an year but has to take re-admission by clearing the NEET examination. The aforementioned Regulation was already in vogue, being promulgated in 2019, whereas the academic session, for the sake of repetition, is 2020-2021. Therefore, it is applicable to the students who had taken admission in the aforementioned academic year. 2. The main reason of not clearing the examination, as alleged, was that she had been intimidated of ragging in the college and had faced not only anxious moments but repulsive as well and was so nervous in clearing the examination. Having left with no other choice, resort was undertaken of medical assistance by a Psychiatrist, ‘SERENE’ - NINAN’s HOSPITAL as per the certificate dated 05.07.2024, the contents of which are extracted herein below: “Ms. Rumaiza Febin doing M.B.B.S in D.M WIMS college at Wayanad is a known case of Anxiety Disorder (F 41.2 mixed Anxiety and Depressive Disorder) and is under my treatment from 3rd April 2022. I had interacted with her for analysing the WA NO. 364 OF 2025 2025:KER:25391 5 conditions of stress at she had been facing, and I learnt that she could not attend all the 3 subjects at a time in that Semester due to the heavy volume of the syllabus. So I gave her instructions on how to manage her anxiety and panic attacks and I advised her to write either 1 or 2 out of the 3 subjects to reduce her anxiety and depression. She wrote her exams in January 5th 2023. She wrote only Biochemistry (Which is actually the toughest among the three subjects) and she successfully completed that paper. She again came to me in January 2024 and this time she was very depressed and I made a diagnosis of "Severe Depressive Disorder without Psychotic features". She had Severe anxiety and panic attacks and I started her on anti depressants and anti anxiety drugs. I advised her to do relaxation exercises. She was very depressed because she was not permitted to attend the remaining 2 papers as per the regulations prevailing in the University. It will be very good if the student is given another chance and is permitted to attend the exams. She is doing well and she is confident of clearing the other 2 papers if the college permits her to writ the exams.” She is stated to be confident and stable after having undertaken the medication. 3. The learned Single Bench, considering all the aforementioned aspects, disposed of the writ petition by directing the University/appellant as well as the college to permit the respondent/writ petitioner to clear the First Professional MBBS Examination as a mercy chance. 4. Sr.Adv.P.Sreekumar, learned Senior Counsel, 2025:KER:25391 WA NO. 364 OF 2025 6 assisted by Mr. Binny Thomas, submitted that, in case such types of orders are permitted to sustain, it will create a plethora of litigations and persons falling under the category as attempted to be projected in this case would be knocking the door of the court for such relief. Similar is the argument of Adv.Prenjith Kumar, representing the National Medical Commission. 5. We have heard the counsel for the parties and appraised the paper book. 6. Regulation 7.7 of the amended Regulation 2019 reads as under: “7.7. No more than four attempts be allowed for a candidate to pass the first Professional examination. The total period for successful completion of first Professional course shall not exceed four (4) years. Partial attendance of examination in any subject shall be counted as an attempt.” 7. No doubt the aforementioned Regulation only permits availment of four(4) chances for a student to clear a particular examination, which the respondent/writ petitioner failed to clear despite having availed all chances. But owing WA NO. 364 OF 2025 2025:KER:25391 7 to the circumstances as narrated above and in view of the contents of the certificate issued by the competent Doctor, we are of the view that the findings given by the learned Court do not require any different opinion as it has been issued in a very attenuating and special circumstances. Considering the condition of the writ petitioner, we make it clear that, such direction shall not be treated as a condition precedent for any other similarly situated persons. The writ appeal, upholding the judgment with the aforementioned modification, stands disposed of. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE msp