HC denies postponing KUHS final year MBBS exams, allows students to appear with juniors

Kochi: Denying to postpone the final year MBBS examination of the Kerala University of Health Sciences, the Kerala High Court on Monday dismissed all the petitions filed by hundreds of students.

Although the bench comprising of Justice Raja Vijayaraghavan refused to reschedule the III Professional MBBS Degree Part-II examination it directed the University to consider the grievances of the students who remained absent from the exam sypathetically.

"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," noted the bench.

Further clarifying that the absent students will be allowed to appear for the examination with their junior batches, the bench noted, "petitioners have not made any case for quashing Ext.P1 notification or for rescheduling the dates of the III Professional MBBS Degree Part II Examinations. The students who failed to appear for the III Professional MBBS Degree Part II Examinations shall be permitted to appear for the Examinations 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 pursuant to the exercise as ordered by this Court."

Medical Dialogues had earlier reported about the crisis concerning the final-year MBBS examination at KUHS. At first, a group of MBBS students had approached the High Court seeking postponement of the exams. However, the court had rejected the application on the ground that the problem was faced by only a few students. Following this, a huge number of around 2,300 final year medicos approached the court and prayed for the similar demands. The students had pointed out that they did not have sufficient attendance and clinical exposure for the semester.

The students had contended before the High Court that the final year students of the MBBS course have to undergo 738 hours of clinical postings, 492 hours of theory classes in clinical subjects and 492 hours for practical and seminars. Such a strict regimen is put in place to ensure that a student who is graduated becomes fully equipped to handle a human being who approaches the physician for his treatment.

However, because of the COVID-19 pandemic, the academic calendar got disrupted and the colleges and institutes had to be remain closed for preventing the spread of the virus. As a result, none of the colleges were able to impart the required mandatory training to the students, whether it be theory classes or clinical postings. Though the Regulations stipulate that 44 complete weeks of classes are to be held for the period from August 2021 to 16.2.2022, the Colleges were able to impart much less training.

Pointing out that there was more than 40% of deficiency of classes in some of the colleges, the students contended that the impact of the deficiency is that none of the petitioners would be eligible to appear for the NEET PG Examination and even if they are graduate, they would only be half baked professionals.

On the other hand, the standing counsel for the University also accepted the fact that there was disruption of medical courses due to the pandemic. However, pointing out that the entire process for the examination was completed by the University and the hall tickets had also been issued, the University submitted that both regular and supplementary candidates have a common examination. Therefore, postponement of the examination was out of the question as the students appearing for the supplementary examination cannot have a grievance that they were not properly trained, argued the University.

The University further stated that a large number of students were willing and eager to appear for the examinations conducted by the University and it would not be proper to postpone the examination to their detriment.

It was further argued that the Post Graduate courses in the Medical stream are held on the basis of a time schedule and in the event of postponement of the MBBS Final Year Examination, many students who would otherwise be eligible to appear for the PG NEET Test will lose a chance if exams are postponed, as requested by the petitioners. Furthermore, the University schedules each examination well in advance as per a time table fixed by them and if any of the exams are adjourned, the entire time table would be disrupted.

After taking note of the submissions made by both the parties, the bench referred to the interim order it had passed on 29.03.2022, where the court had requested the University to consider if the schedule for supplementary examinations in September 2022 could be preponed to an earlier date.

However, on the last date of hearing, it was submitted by the University that the University shall assess the percentage of students, who would attend the exams on 31.3.2022 and thereafter the Board of Examinations would take a call as to whether there is any need to alter the examination time table that has been tentatively fixed for the academic year.

The court noted that after the passing of the interim order, several posts started circulating on the social media claiming if the examination gets boycotted by majority, the University might give an additional date for the exam. Following this, around 2171 candidates remained absent of the total number of 3687 candidates.

Meanwhile, the Heads of the medical colleges unanimously opined that it would not be possible advancing the scheduled examination as the training of additional batches have been arranged in such a way that they could be presented for the examination in the month of September.

Taking note of the entire situation the bench noted, "I note that a large number of students have, for one reason or the other, failed to attend the exams. While disposing of the earlier writ petition, this Court, considering the interest of the students, had ordered the respondents to extend the same benefit to other similarly placed students who approach the University with the same grievance. That may be one of the reasons why they chose to skip the exams so that they can appear for the September 2022 exams as their regular first chance. They also may have been persuaded by their fellow students or advisors to boycott the exams under the belief that the University would change their stand and conduct the exams earlier."

"Be that as it may, 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 bench observed.

"I record the submission of the learned Standing Counsel that the University shall place the matter before the Board of Examinations which shall meet within a month and a decision shall be taken as regards the conduct of the exams for the students who did not attend the exams, whatever be the reason. The Board of Examinations shall take a decision on the grievances of the students with regard to preponement of the regular exams scheduled to be held during September, 2022 within a month from today after evaluating the entire aspects," further noted the bench.

Thus, denying to postpone the KUHS final year MBBS examination, the bench clarified that the absent students will be allowed to appear fr the examination with their junior batches and noted, "Necessary directions shall be issued to the Colleges to permit the petitioners to join the junior batch or to constitute additional batches so that the petitioners may obtain training as sought for by them. The University shall take immediate steps to convene the Board of Examinations/appropriate body of the University, which body shall 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 shall take necessary inputs from the Head of institutions of various Colleges and such other persons that they deem fit and proper. The Board of Examinations/appropriate body of University shall take a decision as directed above within a period of one month from the date of receipt of a copy of this judgment."

To read the court order click on the link below.

https://medicaldialogues.in/pdf_upload/kuhs-exam-kerala-hc-173785.pdf