Kerala High Court Refuses To Reschedule KUHS Final Year MBBS Exam

The Kerala High Court on Monday refused to reschedule the dates of the III Professional MBBS Degree Part-II Examinations to be conducted by the Kerala University of Health and Sciences (KUHS) in the plea moved by a large group of medical students from the State.  

Justice Raja Vijayaraghavan however clarified that students who failed to appear for the examination on March 31 should be permitted to appear along with their junior batch in the exams which are tentatively scheduled to be held on 19.9.2022, or such other date as modified by the Board of Examinations

"I am of the considered opinion that postponement of the exams as prayed for by the petitioners cannot be granted. That was the view taken by this Court earlier and there is no reason to take a different view now. However, that does not mean that the University shall not consider the cause of the students sympathetically as the University is duty bound to protect the interest and welfare of the students. Notwithstanding the rejection of the prayer for adjournment of the exams, the University shall reconsider their grievances sympathetically after getting fresh inputs from the Principals of the Colleges concerned."

The petitions were filed by over 500 final year students of various medical colleges in the State challenging the decision taken by KUHS affixing the date for the III Professional MBBS Degree Part-II Regular/Supplementary Examinations from 31.3.2022 onwards.

Ideally, final year MBBS students have to undergo a strict regime of 738 hours of clinical postings, 492 hours of theory classes in clinical subjects and 492 hours of practicals and seminars to ensure that a graduate becomes fully equipped to handle a patient. The Regulations mandate that only a candidate who has undergone the prescribed duration of study is eligible to qualify for a degree.

The petitioners assert that the pandemic disrupted the academic calendar and since colleges remained closed, none of them could impart the required mandatory training to the students. Therefore, the colleges were around 16 weeks short of the prescribed 44 weeks of classes to be conducted between August 2021 and February 2022.

It was argued that since the deficiency of classes was more than 40% in some of the colleges, none of the petitioners would be eligible to appear for the NEET PG Examination and even if they graduate, they would only be half baked professionals.

Considering the unprecedented situation, the Heads of Institutions of various medical colleges in the State had requested the Director of Medical Education (DME) to postpone the examinations. Several students had also approached KUHS and DME seeking the same relief.

Since no action was taken, a group of 37 students had approached the High Court a few weeks ago. Although the Court rejected the request for postponement of the examinations, it had issued certain directions directing the University to permit the petitioners therein to join the junior batch and to issue directions to the concerned colleges to impart additional training to these students.

Going by such directions, the petitioners were to appear for the exams in September 2022 with their junior batch. Contending that some of the Universities outside Kerala have scheduled the regular examinations of the Final Year MBBS Part I and Part II batches from the 3rd week of May 2022, the present petition was filed claiming that KUHS should follow suit. 

However, the respondents argued that if the MBBS Final Year Examinations are postponed, many students who would otherwise be eligible to appear for the PG NEET Test will lose a chance. 

Senior Advocate N.N.Sugunapalan and Advocates S. Sujin, P.B.Krishnan and Biju Sunda appearing for the petitioners submitted that they had no objection to the steps taken by the University in consonance with the directions issued earlier and that their only request was for preponement of the examinations to a date earlier than September 2022.

When the matter was taken up a day before the exam, Standing Counsel P. Sreekumar for KUHS submitted that the University shall assess the percentage of students who attend the exams on March 31 and thereafter the Board of Examinations would take a call if there is any need to alter the examination time table that has been tentatively fixed for the academic year.

Meanwhile, it was brought to the Court's notice that certain unfortunate events had taken place after the passing of the interim order. Some students and lawyers had posted messages on various social media networks that the exams were likely to be adjourned if the students en masse boycott the exams.

"This message was circulated in the social media and most of the students got a wrong indication of the tenor and purport of the order passed by this Court. As a matter of fact, this Court was only exploring the possibilities to ensure that the interests of the students are protected without disrupting the academic calendar," the Judge clarified. 

On March 31, out of 3687 registered candidates, 1516 candidates appeared for the examination and 2171 candidates remained absent. 

When the case was called for final hearing, the petitioners explained that conducting exams in September 2022 would be detrimental to the interests of the students as it would prevent them from appearing for the NEET PG exams.

However, the Court noted that it was the specific case of the petitioners that the shortage of training is to the extent of 16 weeks. If the course period is extended as suggested by them, it would take time until late August to complete the requisite training. If that be the case, the exams can be held only in September 2022 as scheduled.

Although the prayer for preponement of the exam was rejected, the University was directed to consider the cause of the students sympathetically. Accordingly, the Standing Counsel was directed to place the matter before the Board of Examinations. The Board of Examinations was asked to take a decision on the grievances of the students regarding preponement of the regular exams scheduled to be held in September 2022 within a month after proper evaluation. 

Before parting with the case, the Judge took note of the submissions of Advocate P.C. Chacko that efforts were being made by a group of students to spread false information and to threaten the students willing to appear for the exams. The Court made it clear that no such attempts will be tolerated.

"This Court at no point of time had given an indication that the Examinations scheduled would be interdicted or postponed. The examinations as scheduled shall go on and the University as well as the Colleges shall ensure that all the willing students are able to appear for the examinations without fear."

The petitions were therefore disposed of with directions issued to the Colleges to permit the petitioners to join the junior batch or to constitute additional batches so that the petitioners may receive the training as sought by them.

The University was directed to take immediate steps to convene the Board of Examinations/appropriate body to consider the grievance of the students and also their request for preponing the exams from 19.9.2022 as tentatively fixed to an earlier date.

While considering the request, the Board of Examinations was to take necessary inputs from the Head of institutions of various Colleges and such other persons that they deem fit and proper and come up with a decision within one month.

Case Title: Manju A.& Ors v. Kerala University of Health and Sciences & Ors.

Citation: 2022 LiveLaw (Ker) 165

Click Here To Read/Download The Order