Sana Siddiqui Vs State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 211 of 2024

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Shivani Nanda, D/o Dr. Ashok Kumar Kosariya, Aged About 23 Years, R/o M-13, Shivaji Park, Near MGM Hospital, Saddu, Raipur, Police StationMova, Tahsil And District- Raipur, Chhattisgarh.

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Priyanshu Sharma, S/o Dr. Rakesh, Aged About 23 Years, R/o Room No. G F (3), Boys Hostel, RIMS College Campus, Bhansoj Road, NH-6, Raipur, Police Station- Mandir Hasoud, Tahsil- Arang, District : Raipur, Chhattisgarh

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Milini Ghom, D/o Dr. Anil Ghom, Aged About 24 Years R/o C-8, Mahaveer Suncity, Lakholi, Rajnandgaon, Police Station- Basantpur, Tahsil And District Rajnandgaon, Chhattisgarh.

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4. Vandana Kumar D/o Late Shri Phoolchand Kumar Aged About 24 Years R/o Shivaji Marg, Tikrapara, Bilaspur, Police Station- City Katwali, Tahsil And District Bilaspur, Chhattisgarh. ---- Petitioners

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Versus

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State of Chhattisgarh Through Its Secretary, Department Of Medical Education, Mahanadi Bhawan, Mantralaya, Police Station And Post-Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.

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Registrar Pt. Deendayal Upadhyay Smriti Health Science and Ayush University, Uparwara, Sector-40, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.

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Dean Raipur Institute of Medical Sciences (Rims), Medical College, Godhi, Raipur, Distt. Raipur, Chhattisgarh.

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Chief Executive Officer (Ceo) Raipur Institute Of Medical Sciences (Rims), Medical College, Godhi, Raipur, Distt. Raipur, Chhattisgarh.

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5. Head of The Department (Hod) Raipur Institute Of Medical Sciences (Rims), Godhi, Raipur, Distt. Raipur, Chhattisgarh. ---- Respondents

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WPC No. 279 of 2024

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Sana Siddiqui, D/o Arshad Siddiqui Aged About 24 Years Rims College Campus, Bhansoj Road, Nh-6, Raipur, District Raipur (C.G.)

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Nihal Purey S/o B.R. Purey Aged About 26 Years Rims College Campus, Bhansoj Road, Nh-6, Raipur, District Raipur (C.G.)

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Sandeep Vatsa S/o Sanjay Kumar Singh Aged About 25 Years Rims College Campus, Bhansoj Road, Nh-6, Raipur, District Raipur (C.G.)

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---- Petitioners

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State Of Chhattisgarh Through The Secretary, Department Of Medical Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

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Registrar Pandit Deendayal Upadhyay Smriti Health Science And Ayush University, Uparwara, Sector-40, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

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Dean Raipur Institute Of Medical Science, Rims, Medical College, Godhi, Raipur, District Raipur (C.G.)

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Chief Executive Officer Raipur Institute Of Medical Science, Rims, Medical College, Godhi, Raipur, District Raipur (C.G.)

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5. Head Of Department Raipur Institute Of Medical Science, Rims, Medical College, Godhi, Raipur, District Raipur (C.G.)

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---- Respondents

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WPC No. 298 of 2024

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Yashaswi Sahu S/o Shri Kranti Kumar Sahu Aged About 23 Years R/o Ashok Nagar, Sarkanda Law College Road, Bilaspur, Police StationSarkanda, Tahsil And Distt- Bilaspur, Cg

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Raj Smith Dani S/o Shri Avinash Kumar Dani Aged About 23 Years R/o Shanti Nagar Ward, Near Durga Mandir, Frezerpur, Jagdalpur, Police Station- Parpa, Tahsil- Jagdalpur,, District : Bastar(Jagdalpur), Chhattisgarh

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Chitresh Garg S/o Shri Brijesh Garg Aged About 30 Years R/o 23(A), Nehru Colony, Thatipur, Gwalior, Police Station- Thatipur, Tahsil And Distt- Gwalior, Mp

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Amit Kumar Madaria S/o Shri Shesh Narayan Madaria Aged About 24 Years R/o 113- Mogra, B- Block, Bhilai Nagar, Police Station- Bhilai Nagar, Distt- Durg,cg

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5. Himanshu Suman S/o Shri Jageshwar Prasad Suman Aged About 24 Years R/o Prem Nagar, Mova, Raipur, Police Station- Mova, Tahsil and Distt- Raipur, Chhattisgarh. ---- Petitioners

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Versus

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State of Chhattisgarh Through Its Secretary, Department Of Medical Education, Mahanadi Bhawan, Mantralaya, Police Station and PostRakhi, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

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Registrar Pt. Deendayal Upadhyay Smriti Health Science And Ayush

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University, Uparwara, Sector- 40, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

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Dean Raipur Institute of Medical Sciences (Rims), Medical College, Godhi, Raipur,, District : Raipur, Chhattisgarh

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Chief Executive Officer (CEO) Raipur Institute Of Medical Sciences (Rims), Medical College, Godhi, Raipur,, District : Raipur, Chhattisgarh

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1. Head Of The Department (Hod) Raipur Institute Of Medical Sciences (Rims), Godhi, Raipur, District : Raipur, Chhattisgarh.

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---- Respondents

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WPC No. 683 of 2024

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Prateek Raj Singh S/o Dr. Arvind Narayan Singh Aged About 23 Years R/o Mahal Para, Baikunthpur, Police Station And Tahsil- Baikunthpur, Distt. Koriya, C.G.

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Astik Dhar Deewan S/o Shri Kameshwar Dhar Deewan Aged About 24 Years R/o Nb-25, Cseb Colony, Korba, Police Station-Cseb, Korba, Tahsil And Distt. Korba, C.G.

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3. Bhavesh Kumar S/o Shri Ramesh Kumar Gharitkar Aged About 24 Years R/o Shikhar Colony, Quarter No. 1, Darripara, Ambikapur, Police StationManipur, Tahsil- Ambikapur, District- Surguja, C.G. ---- Petitioners

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Versus

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State of Chhattisgarh Through Its Secretary, Department Of Medical Education, Mahanadi Bhawan, Mantralaya, Police Station And PostRakhi, Atal Nagar, Nawa Raipur, Dist. Raipur, C.G.

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Chairman National Medical Commission (Nmc), Satarkta Bhawan, Gpo Complex, Block-A, Ina, New Delhi.

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Director Chhattisgarh Medical Council, Dr. Balmukund Sharma Clinic, 1st Floor, Azad Chowk, Rd- Near Nagar Nigam, Ayurvedic, Hospital, Kankalipara, Raipur, Distt. Raipur, C.G.

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Registrar Pt. Deendayal Upadhayay Smriti Health Science And Ayush University, Uparwara, Sector-40, Atal Nagar, Nawa Raipur, Distt. Raipur, C.G.

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Dr. Gambhir Singh Sendram Dean, Raipur Institute Of Medical Sciences (Rims), Medical College, Godhi, Raipur, Dist. Raipur, C.G.

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Krishna Kumar Wadhwa S/o Shri Manguram Wadhwa Aged About 54 Years Administrator, Raipur Institute Of Medical Science (Rims), Medical College, Godhi, Raipur, Distt. Raipur, C.G.

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7. Head Of The Department (Hod) Raipur Institute Of Medical Sciences

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(Rims), Godhi, Raipur, Distt. Raipur, C.G. ---- Respondents

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WPC No. 1174 of 2024

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Vaibhav Patel S/o Laxmi Prasad Patel Aged About 22 Years Student Of Mbbs Final Part -1, R/o Boys Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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Riya Chandrakar D/o Jeewan Chandrakar Aged About 23 Years Student Of Mbbs Final Part -1, R/o Girls Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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Veenisha Shukla D/o Chandra Mani Shukla Aged About 22 Years Student Of Mbbs Final Part -1, R/o Girls Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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Tengmatchi Ch Sangma D/o Ringaang K Sangma Aged About 22 Years Student Of Mbbs Final Part -1, R/o Girls Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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Jaisvi Verma S/o Jageshwar Verma Aged About 24 Years Student Of Mbbs Final Part -1, R/o Boys Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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Vaibhav Raj Verma S/o Santsoh Verma Aged About 22 Years Student Of Mbbs Final Part -1, R/o Boys Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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Triptee Sahu D/o Ishwar Singh Sahu Aged About 23 Years Student Of Mbbs Final Part -1, R/o Boys Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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Aman Kumar S/o Satish Prasad Aged About 23 Years Student Of Mbbs Final Part -1, R/o Boys Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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S. Pratik Rao S/o S. Jagarnath Rao Aged About 22 Years Student Of Mbbs Final Part -1, R/o Boys Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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Payal Khare D/o B.L. Khare Aged About 22 Years Student Of Mbbs Final Part -1, R/o Girls Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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11.Sharda Verma D/o Hiraman Lal Verma Aged About 23 Years Student Of Mbbs Final Part -1, R/o Girls Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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Ankita Verma D/o Chandra Shekhar Verma Aged About 21 Years Student Of Mbbs Final Part -1, R/o Girls Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh.

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13. Amandeep Singh S/o Sodan Singh Aged About 22 Years Student Of Mbbs Final Part -1, R/o Boys Hostel No. 2 Gmc, Jagdalpur, District - Bastar, Chhattisgarh. ---- Petitioners

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Versus

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State Of Chhattisgarh Through Its Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

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Union Of India Through Secretray, Minister Of Health And Family Welfare, Nirman Bhawan, New Delhi.

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Directorate Of Medical Education Through Its Director, North Block, Sector -19, Swasthya Bhawan, 2nd Floor, Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh.

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Pandit Deendayal Upadhyay Memorial Health Science And Ayush University Through Its Registrar, Uparwara, Atal Nagar, Sector - 40, Nawa Raipur, Chhattisgarh.

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Dean Late Baliram Kashyap Memorial Medical Collage, Dimrapal, Jagdalpur, District - Bastar, Chhattisgarh.

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6. National Medical Commission (Nmc) Through Its Chairman, Sector -8, Dwarika Phase -1, New Delhi. ---- Respondents

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WPC No. 1246 of 2024

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Nikhil Verma S/o Late Santosh Kumar Verma Aged About 21 Years Student Of M B B S Final Part-1, R/o Boys Hostel No. 2 Gmc, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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Daulpratap Singh Sidar S/o Tekram Sidar Aged About 22 Years Student Of M B B S Final Part 1, R/o Boys Hostel No. 2, Gmc, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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Manish Kumar Chandrawanshi S/o Alakhram Chandrawanshi Aged About 22 Years Student Of M B B S Final Part 1, R/o Boys Hostel No. 2, Gmc, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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Priyanka Chandrawanshi D/o Bisauharam Chandrawanshi Aged About 24 Years Student Of M B B S Final Part 1, R/o Girls Hostel, Gmc, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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Doman Kumar Chaurka S/o Dayaram Chaurka Aged About 21 Years Student Of M B B S Final Part 1, R/o Boys Hostelno. 2, Gmc, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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Sonal Singh D/o Rajesh Singh Aged About 24 Years Student Of M B B S Final Part 1, R/o Girls Hostel, Gmc, Jagdalpur, District : Bastar(Jagdalpur),

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Chhattisgarh

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Anjit Kumar S/o Nansai Kumar Aged About 22 Years Student Of M B B S Final Part 1, R/o Boys Hostel No. 2, Gmc, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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Yogesh Singh S/o Naval Singh Aged About 24 Years Student Of M B B S Final Part 1, R/o Boys Hostel No. 2, Gmc, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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Rikeshwar Kothari S/o Rameshar Kothari Aged About 23 Years Student Of M B B S Final Part 1, R/o Boys Hostel No. 2, Gmc, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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Rohit Dey S/o Dinesh Dey Aged About 23 Years Student Of M B B S Final Part 1, R/o Boys Hostel No. 2, Gmc, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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11.Shreya Dhurandher D/o Shri Tan Singh Dhurandher Aged About 23 Years Student Of M B B S Final Part 1, R/o Girls Hostel, Gmc, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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12. Bharti Porte D/o Gaukarn Singh Porte Aged About 23 Years Student Of M B B S Final Part 1, R/o Girls Hostel, GMC, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh. ---- Petitioners

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Versus

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State Of Chhattisgarh Through Its Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

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Union Of India Through Secretary, Minister Of Health And Family Welfare, Nirman Bhawan, New Delhi

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Directorate Of Medical Education Through Its Director, North Block, Sector- 19, Swasthya Bhawan, 2nd Floor, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

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Pandit Deendayal Upadhyay Memorial Health Science And Aayush University Through Its Registrar, Uparwara, Atal Nagar, Sector- 40, Nawa Raipur, District : Raipur, Chhattisgarh

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Dean Late Baliram Kashyap Memorial Medical Collage, Dimrapal, District : Bastar(Jagdalpur), Chhattisgarh

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National Medical Commission (NMC) Through Its Chairmen, Sector-8, Dwarika Phase-1, New Delhi. ---- Respondents

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(Cause Title is taken from Case Information System)

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For respective Petitioners : Mr. Rajeev Shrivatava, Senior Advocate,

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Ms. Fouzia Mirza, Senior Advocate, Mr. Goutam Khetrapal, Advoacte, Mr. Dhaniram Patel, Advocate, Mr. Abhishek Pandey, Advocate, Mr. Sakib Ahmed, Advocate, Ms. Sakshi Chhabra, Advocate

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For respective Respondents : Mr. Praveen Das, Deputy Advocate General,

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Mr. B. P. Sharma, Advocate Mr. Hari Agrawal, Advocate,

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Mr. Ramakant Mishra, Deputy Solicitor General, Ms. Anmol Sharma, Central Government Counsel,

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Mr. Sudeep Agrawal, Advocate,

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Mr. S.S. Marhas, Advocate and Mr. Venketesh Pandey, Advocate, on behalf of Mr. Ranbir Singh Marhas, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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05.04.2024

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1. The above captioned Writ Petitions involve common questions of law and facts therefore, they were heard together and are being disposed of by this common order.

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1. The above-mentioned Writ Petitions have been preferred by the petitioners who are regular students of MBBS- Part-II fnal year, Batch i 2019 and MBBS fnal Part-I, Batch-2020. i They are challenging the impugned eligible lists issued by the Head Of Department, Raipur Institute of Medical Sciences (for short, RIMS college), Raipur & Dean, Late Baliram Kashyap Memorial Medical College, Jagdalpur (for short, Medical College, Jagdalpur).

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1. The limited grievance of the petitioners are that they have not been

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permitted to participate in the main examination of MBBS Final Part-I & MBBS Final Part-II, which commenced from 16.01.2024 to 08.02.2024, on the ground that the petitioners have not met the eligibility criteria due to

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their short attendance and failing in internal assessment examinations.

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1. The chart below, prepared by the RIMS College, Raipur, shows the results

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of internal assessment examination including attendance of the students

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who could not appear or did not qualify for the required marks: –

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1. Mr. Rajeev Shrivastava and Ms. Fouzia Mirza, learned Senior Counsels,

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appearing for the respective petitioners would submit that the respondent colleges could not follow the guidelines issued by the National Medical Commission, (for short, NMC).

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1. They would further submit that the petitioners appeared in part-I examination in the month of February, 2023 and immediately after 11 months, final year part-II examination have been scheduled in the month of January, 2024. They would also submit that 2 internal assessment examinations and one Pre-University examination were conducted by the respective colleges.

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1. The scheme of internal assessment examination is reproduced hereinbelow: –

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Written tests comprising of short notes and creative writing experiences.

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OSCE based clinical scenarios /viva voce.

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At least one question in each paper of each clinical specialty in the University examination shall test knowledge competencies acquired during the professional development programme.

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Skill competencies acquired during the Professional Development Programme must be tested during the clinical, practical and viva voce.”

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8 ) They would further argue that according to the NMC guidelines, the universities shall guide the colleges regarding formulation of policies for remedial measures for students who are either not able to score qualifying marks or have missed on some assessment due to any reason.

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9 ) Learned Senior Counsel would invite notice of this court to the various

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charts prepared by the respective colleges, wherein marks have been allocated against I, II & III internal assessment examinations. The chart shows that students with short attendance in the written and practical examinations, as well as those disqualified in the internal assessment test, are listed as eligible. They would submit that there are various infirmities, irregularities, and deficiencies in the charts prepared by the respective colleges, adopting a pick-and-choose policy that is mala fide and arbitrary. They would further argue that the University kept mum, failing to direct the colleges to conduct re-tests, provide extra classes, or adopt remedial measures. It is also submitted that the colleges have not allotted marks according to the NMC guidelines. It is argued that discriminatory action has

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been taken by the colleges against the petitioners. It is also contended that for subjects common in phases I,II & III, like community medicine, the colleges should have assessed marks considering performance across all three phases strictly in accordance with the NMC guidelines, whereas only marks from internal assessment of MBBS final year part-II have been considered. It is further contended that pre-university examinations were conducted in November 2023, but no results were declared till 19.12.2023. The petitioners or their parents were never notified regarding short attendance or failing to secure the required marks. They would lastly submit that the respective colleges may be directed to conduct re-tests of internal assessment examinations after conducting extra classes according to the NMC guidelines.

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10) On the other hand, learned counsel appearing for the respondents would oppose the submissions made by the counsel for the petitioners. They would submit that the petitioners did not participate in the internal assessment examination as shown in the chart prepared above and their attendance were short. Therefore, they could not secure the qualifying marks or fulfill the criteria to appear in the main examination. They would further submit that there was no deliberate intention of the colleges to disqualify/fail any of the students.

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11) It is also argued that some students of the college did not attend, while

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some participated in the internal assessment exam, but could not secure the required marks. They submits that notices were issued to concerned students to participate in extra classes, but they did not attend, therefore, they would not be eligible to appear in the final examination.

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12) Learned counsel for the respondents would further argue that the institutions are following the NMC guidelines and as there is a specific provision to not permit those students who could not secure the qualifying marks in the internal assessment examination, they have not been permitted.

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13) Mr. Samrat Singh Marhas, Advocate, holding the brief of Mr. Ranbir Singh Manhas, appearing for the NMC, would submit that the petitioners ought to have secured the marks as per the NMC guidelines.

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14) Ms. Anmol Sharma, CGC appearing for the Union of India, would submit that the NMC has framed certain guidelines and the institution as well as the petitioners should follow those guidelines.

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15) I have heard counsel for the parties and perused the documents available

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on record.

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16) The guidelines of NMC with regard to Assessment are reproduced hereinbelow:-

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“11. Assessment

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11.1. Eligibility to appear for Professional examinations

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11.1.1. The performance in essential components of training are to be assessed, based on:-

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(a) Attendance:

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1.Attendance requirements are 75% in theory and 80% in practical /clinical for eligibility to appear for the examinations in that subject. In subjects that are taught in more than one phase - the learner must have 75% attendance in theory and 80% in practical in each phase of instruction in that subject.

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If an examination comprises more than one subject (for e.g., General Surgery and allied branches), the candidate must have 75% attendance in each subject and 80% attendance in each clinical posting.

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Learners who do not have at least 75% attendance in the electives will not be eligible for the Third Professional - Part II examination.

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(b) Internal Assessment: Internal assessment shall be based on day-to-day assessment. It shall relate to different ways in which learners participate in learning process including assignments, preparation for seminar, clinical case presentation, preparation of clinical case for discussion, clinical case study/problem solving exercise, participation in project for health care in the community, proficiency in carrying out a practical or a skill in small research project, a written test etc.

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Regular periodic examinations shall be conducted throughout the course. There shall be no less than three internal assessment examinations in each Preclinical / Para-clinical subject and no less than two examinations in each clinical subject in a professional year. An end of posting clinical assessment shall be conducted for each clinical posting in each professional year.

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When subjects are taught in more than one phase, the internal assessment must be done in each phase and must contribute proportionately to final assessment. For example, General Medicine must be assessed in second Professional, third Professional Part I and third Professional Part II, independently.

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Day to day records and log book (including required skill certifications) should be given importance in internal assessment. Internal assessment should be based on

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competencies and skills.

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The final internal assessment in a broad clinical specialty (e.g. Surgery and allied specialties etc.) shall comprise of marks from all the constituent specialties. The proportion of the marks for each constituent specialty shall be determined by the time of instruction allotted to each.

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Learners must secure at least 50% marks of the total marks (combined in theory and practical / clinical; not less than 40 % marks in theory and practical separately) assigned for internal assessment in a particular subject in order to be eligible for appearing at the final University examination of that subject. Internal assessment marks will reflect as separate head of passing at the summative examination.

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The results of IA should be displayed on the notice board within a 1-2 week of the test. Universities shall guide the colleges regarding formulating policies for remedial measures for students who are either not able to score qualifying marks or have missed on some assessments due to any reason.

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Learners must have completed the required certifiable competencies for that phase of training and completed the log book appropriate for that phase of training to be eligible for appearing at the final university examination of that subject.”

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17) From a perusal of the guidelines issued by the NMC, it is apparent that

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students appearing in the MBBS examination must secure 75% attendance in theory and 80% in practical/clinical.

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18) Further criteria to appear in professional examinations are based on internal assessment, which encompasses various aspects of the learning process. The marks from internal assessment reflect as a separate passing criterion at the summative examination. Universities shall guide colleges

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regarding formulating policies for remedial measures for students who are unable to score qualifying marks or have missed assessments. Learners

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must secure at least 50% of the total marks (combined in theory and practical/clinical; not less than 40% marks in theory and practical separately) assigned for internal assessment in a subject to be eligible for the final University examination.

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19) Though in one of the cases, reply has been filed by the colleges, but same is not found satisfactory by this Court. Discrepancies are apparent from documents annexed with petitions and returns filed by respondents, wherein, some petitioners shown as failed in internal assessment were passed according to a separate list prepared by RIMS college. Further, the remedial measures were not taken by both colleges, RIMS college and Medical College, Jagdalpur; no steps were taken by RIMS College or Jagdalpur Medical College regarding extra classes which is in contravention of the NMC guidelines.

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20) The RIMS Medical College, being a private college, should have taken extra care and the University as well as the NMC should have paid more attention on private colleges.

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21) The Officers of RIMS College, present before this Court could not give satisfactory answers to the queries made by this Court.

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22) From a perusal of the documents submitted by the RIMS College, it is crystal clear that, they did not follow NMC guidelines thoroughly, therefore, this Court directs the NMC to constitute a committee to inquire into the

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matter.

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23) The Petitioners of Medical College, Jagdalpur, were declared failed in a subject ‘community medicine’ without providing complete marks obtained in phases I, II & III, and the Officers from Medical College, Jagdalpur, present before this Court, could not explain why marks from internal assessment of phases I, II & III of the subject ‘community medicine’ were not considered in the result.

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24) The NMC guidelines stipulate that internal assessment results should be displayed on the notice board within one week, and remedial measures should be taken by colleges under university’s guidance, but neither the University nor Jagdalpur Medical College followed these guidelines issued by the NMC.

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25) At this stage, these petitions are disposed of with a direction to both medical colleges to conduct additional/extra classes for students/petitioners as per NMC guidelines as a remedial measure, complete the course within two months, and conduct re-tests of internal assessment strictly in accordance with NMC guidelines.

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26) Considering the controversy involved in the present matters and future of the students/petitioners, the NMC is expected to take steps to secure the interests of students and take decision on their final examination, preferably within a period of 30 days.

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27) The students/petitioners are at liberty to make a representation before the

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NMC within 10 days.

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28) Mr. Samrat Singh Marhas, Advocate, holding the brief of Mr. Ranbir Singh

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Marhas, Advocate, appearing for the NMC, is directed to communicate this

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order to the NMC.