JUDGMENT : 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: Phase Semesters Examination Phase I Semesters I and II I MBBS Biochemistry Anatomy Physiology Phase II Semesters III, IV and V II MBBS, Pharmacology, Pathology, Microbiology, Forensic Medicine Phase III Semesters VI and VII III MBBS Part I Ophthalmology, Otolaryngology, Community Medicine Semesters VIII and IX III MBBS Part II General Medicine, General Surgery, Obstetrics and Gynaecology and Paediatrics 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. 4. The petitioners assert that they have a right to take supplementary examinations for such papers, but that the KUHS is refusing such permission to them and is asking them to undergo additional training/practical evaluation for such purpose also. They submit that, to make matters worse, the KUHS has now concluded that their parent college — namely the Kannur Medical College, Anjarakandy, Kannur, does not have sufficient facilities; and has, therefore, now issued orders transferring them to other colleges, so as to facilitate their practical assessment and training in the IInd professional phase of the course. They contend that this is illegal and unlawful and therefore, that the KUHS must be directed to allow them to write the supplementary examinations, which was to commence on the 10th of October, 2022. 5. They contend that this is illegal and unlawful and therefore, that the KUHS must be directed to allow them to write the supplementary examinations, which was to commence on the 10th of October, 2022. 5. Sri.Roshen D.Alexander -learned counsel appearing for the petitioners, relied extensively on the Regulations of the KUHS, as also that of the National Medical Commission (NMC) [formerly Medical Council of India]. He argued that none of these Regulations make it incumbent upon on his clients to obtain further practical assessment or training and that the benefit of the same, which they have already completed while they wrote the main examination earlier, should be given credit to them, so as to enable them to write the supplementary examinations immediately. He argued that, as long as the afore said Regulations do not provide for any such inhibition, the stand of the KUHS to the contrary can only be seen to be illegal and unlawful. 6. Sri.P.Sreekumar -learned standing counsel for the KUHS, however, took a completely contrary stand and argued that, as per Regulations 12 of Chapter IV of the “Undergraduate Regulations” framed by the NMC, it is mandatory that the students obtain theory instructions, practical evaluation and training every time they write an examination and that this is not confined to the first attempt. He added that the internal assessment has to be done for every attempt of examination and that the training, being a component of it, should also be satisfied every such time. He submitted that, for this purpose, the students will have to obtain a minimum threshold of attendance in all the three afore components – which, he explained, are, in fact, merely parts of the whole scheme – and argued that unless the petitioners are able to obtain the same through additional training and practical evaluation, along with their theory instructions, they cannot be allowed to write the supplementary examinations, as they now aspire. He added that, however, even though the petitioners normally would have had the opportunity of attending classes in the IIIrd professional (Part I) scheme, it would not be possible for them in the peculiar circumstances involved in this case, because the Kannur Medical College does not have the facilities for such purpose; and hence that they will have to first complete their theory, practical and training in the transferred college, thus to clear the IInd professional part, so that they can then move on to the IIIrd professional (Part I). 7. Sri.P.Sreekumar conceded that this is a situation which is specific to the facts of this case alone and that, normally, students who have not cleared the IInd professional part, could have attended the IIIrd professional (Part I) course, as also the IIIrd professional (Part II), since the Regulations only say that they cannot write the examinations in the said two parts before clearing the second professional one. He concluded his submissions saying that the petitioners are estopped from pursuing their contentions in this case because, in obedience to the directions of this Court in Ext. P13 interim order, the KUHS has already issued Ext.P14 order allotting all the students, including the petitioners, to new colleges in the IInd professional part and that since there is no challenge to the same, they cannot now take a stand to the contrary. 8. On hearing the rival contentions Sri.Roshen D.Alexander and Sri.P. Sreekumar as afore, I thought it better that I call for the views of the 'National Medical Commission' (NMC); and I therefore indited an order on 06.10.2022 as under: “The rival contentions of the parties in this case – which has been heard in detail – is edificed on Regulation No.12 in Chapter IV of the ‘Undergraduate Regulations’ framed by the Medical Council of India (now called the National Medical Commission). 2. It is argued by the University that, going by the afore Regulations, a student who takes a supplementary examination in the Second Professional MBBS Course will have to redo the internal assessment, as also the practical examinations. 3. 2. It is argued by the University that, going by the afore Regulations, a student who takes a supplementary examination in the Second Professional MBBS Course will have to redo the internal assessment, as also the practical examinations. 3. However, on the contrary, the specific submissions of Sri.Roshen D.Alexander – learned counsel for the petitioners, is that since his clients have already written the Second Professional MBBS examinations earlier, after having satisfied the internal assessment and the practical training, it would not be necessary for them to go through it again; and that they can, nevertheless, write the theory examinations, through the supplementary chance. 4. Obviously, the dispute is now depended upon the views of the National Medical Commission, since they are the Author of the Regulations in question. 5. I, therefore, request Sri.Titus Mani Vettom – learned standing Counsel for the National Medical Commission, to obtain specific instructions in this regard, particularly as to how his client interprets Regulation 12 of Chapter IV of the Undergraduate Regulations, with specific reference to the question whether, even in a supplementary chance for the Second Professional MBBS Degree, the internal assessment and practical training will have to be redone. 6. I make it clear that should this Court finally find in favour of the petitioners, it will lead to orders being issued for the conduct of the supplementary examinations for the Second Professional MBBS Degree for them, either specifically or generally. List on 14.10.2022.” 9. Sri.Titus Mani Vettam – learned Standing Counsel for NMC, submitted that, the Regulations of his client are extremely flexible, giving discretion to the University to design and devise the method of the course as well as its attributes. It is submitted that, therefore, the NMC has nothing to comment on either of the afore positions of the parties, though they support the University in their endeavor to achieve the best educational results. 10. The afore submissions of Sri.Titus Mani Vettam renders its perspicuous that, as far as the NMC is concerned, they leave it to the KUHS, to interpret their own Regulations as well as the Regulations of the latter, in the best interests of academic standards. 11. In this perspective, I notice that the petitioners in these cases belong to the 2012, 2013, 2014, 2015 and 2017 batches. 11. In this perspective, I notice that the petitioners in these cases belong to the 2012, 2013, 2014, 2015 and 2017 batches. Many of them attended the IInd Professional Part examinations several years ago – admittedly in the year 2018 and 2019, with the others doing so later -depending upon the commencement of their batches. It is their assertion, as argued by their learned Counsel – Sri. Roshen D Alexander, that they had completed their practicals and training and had acquired sufficient attendance at that time; and therefore, that it should be carried forward, when they are to write the Supplementary Theory Examinations thereafter. 12. However, as seen above, the stand of the KUHS is that every examination is a whole of three components Theory, Practical Assessment and Training -and that every student should obtain necessary attendance during such. Though the Regulations – both of the KUHS and that of the NMC – do not specify this, Regulation 12 of Chapter 4 of the 'Under Graduate Regulations' of the NMC, render it plausible to an interpretation that every professional examination includes Attendance, Internal Assessment, Regular Periodical Examinations etc. It is this, which is relied upon by P.Sreekumar – learned counsel for the KUHS, who says that the said Regulations would apply even to supplementary chances, since it does not confine its stipulations to the first attempt alone. 13. As rightly said by Sri. Titus Mani Vettam -learned Standing Counsel for NMC, the ultimate justification of every academic stipulation and curriculum is to obtain the highest results. Keeping that in mind, I cannot find the stand taken by the KUHS as afore to be perverse or shocking, so as to persuade to this Court to intervene with, or interdict, the processes suggested by them. This is more so because, many of the students in this case, admittedly, completed their IInd Professional Examinations in the years 2018 and 2019, but unable to clear it; and hence the requirement of the University that they must do their practical evaluation and training again, is only in furtherance of the quest for good, if not excellent, doctors in future. That I cannot find this to be in any manner in conflict to public policy; but is, in fact, in the best public interest, in the ultimate analysis. 14. That I cannot find this to be in any manner in conflict to public policy; but is, in fact, in the best public interest, in the ultimate analysis. 14. When I say as afore, I am certainly aware of the peculiar problems that the students in this case will face namely, that when they are asked to do their IInd Professional course again in a new College, they will not able to attend the IIIrd Professional Part I or Part II, which they could do, normally, in their Parent College. However, this is an unfortunate situation which they will have to endure and which they have put themselves in, solely because they were not able to clear the IInd Professional Phase -in time. As long as the KUHS maintains that the Kannur Medical College does not have the facilities for training, as is mandatory required, their transfer of the petitioners to a New College, for the purpose of completing their Practical Evaluation and Training in their IInd Professional MBBS Course, becomes inevitable and unavoidable. It may be true that, this will place them in some prejudice, but when we look at the larger perspective and the objective of medical education as a whole, this is a small detriment which they must suffer and endure. 15. In the afore circumstances, I close this Writ Petition confirming Ext.P14; however, making it clear that, as soon as the petitioners complete their IInd Professional course in the College to which they are now transferred, the KUHS will ensure that they are allowed to enter the IIIrd Professional Part I or Part II, as the case may be, either in such College, or in the Parent College, in complete of adherence to the applicable Rules and Regulations; but without any avoidable delay. This Writ Petition is thus ordered.