Nursing students who miss exam due to COVID should be allowed to take exam later: Kerala High Court to KUHS

The Kerala High Court on Monday allowed the Kerala University of Health Sciences (KUHS) to conduct offline examinations for first and second year nursing students but ordered that those who would miss examinations due to Covid-19 should be allowed to give the exam later (Azna Beevi KM and Anr. v. State of Kerala and Ors.)..The order was passed by single-judge Justice Anu Sivaraman on a plea by BSc nursing students of 2018-2022 and 2019-2023 batches from two colleges affiliated to the KUHS."Those of the students who are unable to write the examination on account of reasons directly attributable to the Covid-19 pandemic will be permitted to write the examination at the next chance and the next chance will be treated as their first chance (attempt) for this examination," the Court said. The Court, however, declined to cancel the examinations as it was of the opinion that there might be students willing to appear for the exams. .[COVID-19] Nursing students of Kerala University of Health Sciences move Kerala High Court to cancel offline exams.After the lockdown compelled by the second wave of the pandemic was lifted on June 17, 2021, the University notified examination timetables for first and second year BSc Nursing Course.Thereafter, several students returned to their hostels but, upon returning, many of them tested positive for Covid-19 and therefore, approached the Court seeking cancellation of the examinationsIn the hearing today, petitioners' counsel Arun Samuel submitted that the petitioners are not pressing for the cancelling of exams but only praying for a second chance to take the exams which the University may be directed to treat as their first attempt..Further, he argued that KUHS has a statutory duty in terms of the University Grants Commission (UGC) Act, 1956, to follow UGC guidelines to set aside the conduct of examinations in offline mode for first and second year students and adopt assessment based on internal evaluation and previous semesters' grades..Counsel for KUHS argued that it is currently conducting examinations almost everyday as they are trying to complete a two year backlog of examinations. He submitted that only if the percentage of attendance for any examination is very low due to students being affected by Covid, can they consider cancellation or postponement. However, if only a few students are affected, it might not be feasible to cancel examinations for all students at this time, he contendedRegarding the UGC guidelines, he argued that it is not applicable to the Health University. Further, he claimed that the government and KUHS had conducted vaccination drives for students of all universities in the State related to the medical field by considering them as frontline workers and a majority of students have received at least one dose of the vaccine.Pertinently, he submitted that the State requires the services of nursing graduates at a time like this and it would be detrimental for the management of the pandemic throughout the state if exams are cancelled for the convenience of just a hundred students..Recording the submissions of the counsel, the Court disposed of the matter while directing KUHS to allow COVID affected students to appear for exam later.