Dismissed

Ms Sheethal S Patil v. Rajiv Gandhi University of Health Sciences

Karnataka HC4 Oct 2023WP/2682/2023

Case brief

AI extract

What is this about?

Writ petition seeking declaration for petitioner to join regular 2nd year MBBS batch with interruptions due to failure in 1st year. Court dismissed petition holding petitioner failed mandatory 18-month training rule under MCI regulations for second professional examination.

What did the court decide?

The writ petition is dismissed. Petitioner not eligible to pursue MBBS course with regular batch.

Ms Sheethal S Patil Vs Rajiv Gandhi University of… — Education and Admissions | Karnataka HC (2023)

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1 - NC: 2023:KHC:36008 WP No. 2682 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 2682 OF 2023 (EDN-RES)

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BETWEEN:

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MS. SHEETHAL S PATIL D/O MR. SHIVA MURTHY N AGE 23 YEARS, UNI REG NO 18M4278, STUDYING MBBS COURSE FROM S S INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, S O G COLONY, RAMANAGARA, DAVANAGERE 577003

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…PETITIONER

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(BY SRI. ABHISHEK MALIPATIL., ADVOCATE)

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AND:

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Digitally signed by R DEEPA Location: High Court of Karnataka

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH T BLOCK, JAYANAGAR, BENGALURU 560041 REP. BY ITS VICE-CHANCELLOR

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THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH T BLOCK, JAYANAGAR, BENGALURU 560070

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S S INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE S O G COLONY, RAMANAGARA, DAVANAGERE 577003 BY ITS DEAN/PRINCIPAL

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2 - NC: 2023:KHC:36008 WP No. 2682 of 2023

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4. NATIONAL MEDICAL COMMISSION

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POCKET 14, SECTOR – 8 DWARAKA PHASE-1 NEW DELHI – 110077 BY ITS SECRETARY

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…RESPONDENTS

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(BY SRI. SACHIN B S., ADVOCATE FOR R1 TO R2 SRI. N. KHETTY, ADVOCATE FOR R4 R3 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE PETITIONER TO BE ELIGIBLE TO PROSECUTE AND COMPLETE THE MBBS COURSE OF STUDY IN THE REGULAR BATCH INCLUDING APPEARANCE IN THE EXAMINATIONS, WITHOUT ANY INTERRUPTION.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner filed this writ petition seeking for a mandamus declaring the petitioner to be eligible to prosecute and complete the MBBS course of study in the regular batch including the appearance in the examinations without any interruption.

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Brief facts leading rise to filing of this petition are as under:

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The first respondent -university is not allowing the petitioner to appear in 2^nd year MBBS examinations along with the regular batch admitted to the institution. The petitioner has completed the 2^nd year course of study and entitled to appear in the examinations. It is contended that the first respondent-university allowed some of the students identically placed, but refused permission for the petitioner to appear in the examination that are scheduled to commence from 03.02.2023. The petitioner being a meritorious with a high desire to prosecute the MBBS course of study had prepared for securing a medical seat after completion of the 10+2 qualification and the petitioner was got admitted in the third respondent - Institution for the academic year 2018-19. The petitioner completed 1^st year MBBS course and was eligible to undertake phase I MBBS course examinations conducted by the first respondent -university in June/October 2019. The petitioner was unable to clear the examinations. The

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petitioner appeared for the supplementary exams held in the month of May 2022 and cleared and passed in only theory papers in the 1^st year MBBS examinations. The petitioner appeared for the classes of 2^nd year MBBS course of study during the interregnum period including during online classes conducted by the institution. The third respondent-Institution issued a communication dated 19.10.2022 to the first respondent-university, issuing a declaration regarding the classes attended by the petitioner. The petitioner having completed the course is entitled to appear in the forthcoming examination of 2^nd year MBBS examinations. That despite the petitioner having a requisite attendance, is not permitted to appear in the examinations. It is contended that out of the 4 students in the odd batch, the first respondent-university allowed 3 students to appear in the examinations despite the other student being identically placed. The petitioner personally met the officials of the first respondentuniversity and no action was taken on the representation. Hence, this writ petition.

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Respondents No.1 and 2 filed a statement of objections denying the averments made in the memorandum of writ petition. It is contended that as per the Regulation 7(1) of MCI regulation 1997, which contemplates that every student shall undergo a period of certified study extending over 4 ½ years divided into 9 semesters with 6 months each. First year consisting of 12 months, Second year consisting of 18 months, Third year consisting of 12 months and Forth year consisting of 12 months and further contended that it is mandatory to pass in 1^st year MBBS exams to join and continue in 2^nd year MBBS course. It is contended that the petitioner got admitted to the MBBS course for the academic year 201819 and appeared for the phase I examinations and cleared the same in July 2022. Though, the petitioner was admitted in the academic year 2018, the petitioner had tried 7 attempts to clear 1^st year MBBS course. As per the regulation the petitioner has to undergo compulsory of 18 months course to complete her 2^nd year MBBS course.

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Such being the case, the petitioner is not eligible to continue along with the regular batch. Further, 75% of the attendance is compulsory in a subject for appearing in the exams. It is contended that the petitioner is not eligible to prosecute the regular batch, as such there is no provision and moreover, 2018 batch students have already cleared the MBBS course and passed out. The petitioner cannot claim anything which is against the regulations. Hence, prayed to dismiss the writ petition.

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Heard learned counsel for petitioner and learned counsel for the respondents.

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Learned counsel for the petitioner submits that the petitioner is eligible to continue 2^nd year phase II MBBS course and to make attendance including appearance in the internals. He submits that the petitioner attended the classes physically as well as on the online classes. He submits that during the pendency of the writ petition the entire country was forced to forging to a lockdown due to the global pandemic situation created due

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to covid-19 virus and colleges were directed to be closed and permitted to conduct online classes during the lockdown. He submits that the petitioner cleared 1^st year MBBS examination in the month of May 2022 and petitioner is eligible for 2^nd year MBBS course along with the regular batch. He submits that the respondent university is not permitting to continue 2^nd year MBBS course. He submits that the MCI has reduced the duration of II year course from 18 months to 12 months. The petitioner is eligible for the II year MBBS course and to prosecute in a regular batch. The action of the first respondent-university in not allowing the petitioner to prosecute and complete MBBS course of study in the regular batch is arbitrary. Hence, on these grounds, he prays to allow the writ petition.

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Per contra, learned counsel for the first respondent-university submits that the petitioner got admitted to the 1^st year MBBS course for the academic year 2018-19 and completed 1^st year MBBS course in the

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month of July 2022. He submits that as per MCI notification the duration of phase II is 12 months wherein, the petitioner has not completed 12 months from the date of declaration of results. He submits that by virtue of an interim order passed by this Court the petitioner appeared for the phase II, 2^nd year MBBS examination held in the month of February 2023. He submits that the petitioner cannot be allowed to take examination of 2^nd year MBBS professional course without fulfilling the statutory condition of eligibility namely, 12 months training period. Further he submits that the regular batch for the academic

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year 2018-19 have already passed out in the month of June 2023. The relief sought by the petitioner does not survive for consideration and the writ petition has become infructuous in view of regular batch of petitioner passed out in the month of June 2023. Hence, on these grounds, he prays to dismiss the writ petition.

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7. Learned counsel appearing for respondent No.4

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submits that as per Medical Council of India Regulations on

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Graduate Medical Education 1997 (hereinafter referred to as 'GME, 1997' for short), the petitioner is not eligible in the 2^nd year professional MBBS examination as she has not completed the full course of study of phase II, 2^nd year MBBS course i.e., (12 months). He further submits that for

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admitting to the phase II training passing in 1^st professional examination is compulsory. Further, he submits that as per regulation No.12(1) of the GME, 1997, 75% of the attendance in a subject for appearing in the examination is compulsory. In the instant case, the petitioner is not possessing 75% of the attendance in phase II, 2^nd year MBBS Course. Hence, on these grounds, he prays to dismiss the writ petition.

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Perused the records and considered the

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submissions made by learned counsel for the parties.

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In order to consider the case in hand, it is necessary to examine the Regulation 7(7) of the 'GME, 1997' which reads as under:

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'7(7): The supplementary examination for 1^st professional MBBS examination may be conducted within 6 months so that the students who pass can join the main batch and the failed students will have to appear in the subsequent year provided that the students who pass the supplementary examination shall be allowed to appear in the second professional MBBS examination only after he/she completes the full course of study of three semesters (i.e., 18 months) for the second professional MBBS examination irrespective of the examination of the main batch."

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8. Phase Distribution and Timing of

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Examinations:

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6 months	6 months	6 months
1	2		I professional examination (during second semester)
3	4	5	II professional examination (during firfth semester)
6	7		III professional part I (during 7^thsemester)
8	9		III professional Part II (Final Professional).

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Note:

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a) Passing in 1^st Professional is compulsory before proceeding to Phase II.

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b) A student who fails in the IInd professional examination, should not be allowed to appear IIIrd Professinal Part I examination unless

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he passes all subjects of IInd professional examination.

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c) Passing in IIIrd professional (partI) examination is not compulsory before entering for 8^th and 9^th semester training, however passing of IIIrd professional (part I) is compulsory for being eligible for IIIrd Professional (Part II) examination.

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During third to ninth semesters, clinical postings of three hours duration daily as specified in the Table below is suggested for various departments, after introductory course in clinical methods in Medicine and Surgery of two weeks each for the whole class.

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Regulation 7(1) of GME, 1997, states that every student has to undergo a period of study extending 4½ academic years divided into 9 semesters (i.e., of 6 months each). Regulation 8 states that Phase Distribution and Timing of Examinations. Phase I consists of 2 semesters. Phase 2 consists of 3 semesters i.e., 18 months and 2^nd year MBBS professional examination is to be held during 5^th semester of phase 2. Therefore, before a student take 2^nd year MBBS professional examination he has to complete 18 months mandatory training. A student who

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passes 1^st year MBBS professional examination held in the 2^nd semester of phase 1, can take 2^nd year MBBS professional examination held in the 5^th semester because he/she complete 18 months of mandatory training. A student who fails in the 1^st year MBBS professional examination held during the 2^nd semester of phase 1 cannot even proceed to 2^nd phase training. Therefore, such a student has to take supplementary examination and pass the 1^st year MBBS professional examination. By the time such a student passes the supplementary examination, phase 2 training for the 2^nd year MBBS professional examination would have already begun. Such a student therefore cannot complete 18 months of mandatory training to be eligible to take 2^nd year MBBS examination which will be held during 5^th semester. He/she cannot join the main batch and take the 2^nd year MBBS professional examination with them. He/she will have to join a batch consisting of other students who have similarly passed the supplementary examination and take examination with them after taking 18 months of

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mandatory training. Regulation 7(7) will have to be construed harmoniously having regard to the fundamental concept of training period and time distribution of the medical education laid down in the GME 1997. Since Regulation 7(7) states that supplementary examination may be conducted within 6 months, university cannot be asked to hold it immediately after the declaration of results. Besides, the scheme of relevant regulation is such that even if it is held soon after the result of phase I MBBS professional exam was declared the failed students cannot take the II phase MBBS professional education with the students of regular batch, even after the result of supplementary exams are declared.

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In the instant case, the petitioner was admitted to the 1^st year MBBS course in the year 2018 and she took 4 years to complete her 1^st year MBBS professional course and results were declared in the month of July 2022 and the petitioner has passed in phase I MBBS (RS3) examination. The petitioner has not pleaded in the

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petition when the petitioner got admitted in the 2^nd year MBBS course. From the perusal of the Regulation i.e., 7(7) of GME 1997 the petitioner has not completed the full course of study of phase II training i.e., 18 months as required under said regulation.

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Learned counsel for respondent No.4 submits that the 4^th respondent has reduced the duration of the course of study of 3^rd semester (12 months) for the II phase MBBS examination irrespective of the examination of the main batch. The petitioner has not completed 12 months training period and the petitioner has not fulfilled the requirement of regulation 7(7) of GME 1997. In an identical matter, the Hon'ble Division Bench of Bombay High Court in the case of Ravi Shinde and others Vs. Medical Council of India and another reported in ( 2008) 2 MhLJ 747 held in para 13 and 17, are as under:

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"13. The Supreme Court construed Regulation 9 and observed that there are two requirements of admission to the second DHMS

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examination, firstly there must be a lapse of one year period between the passing of first DHMS examination and taking the second DHMS examination and secondly subsequent to the passing of first DHMS examination, the student has to undergo the course of study for one year. The Supreme Court observed that if a candidate passes in the supplementary examination, the requirement of one year cannot be enforced. The Supreme Court referred to the Oxford Dictionary meaning of the word "supplement" and observed that the adjective "supplementary" means an examination to make up the deficiencies. The Supreme Court observed that therefore, it stands to reason that only when deficiencies are made up, the whole becomes complete. The Supreme Court made it clear that therefore passing the supplementary examination would not relate back to the annual examination. What counts is when the whole is made up and from that time of making up the whole, one year or one and half year must elapse for second or third DHMS examinations.

14. xxxx

15. xxxx

16. xxxx

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17. In the judgment delivered in Writ Petition No. 17899 of 2004 in Amarbir Singh s/o. S. Kashmir Singh and Ors. v. Baba Farid University of Health Science, Faridkot, the Punjab & Haryana High Court was considering similar question. After considering the relevant decisions on the point, it was held that 18 months' course of studies before a candidate can be permitted to take the second MBBS professional examination, must commence to run after a candidate has fully qualified the first MBBS professional examination. It was further held that the course pursued by the students prior to qualifying the first MBBS professional examination cannot be clubbed with the course pursued by them after having cleared the first MBBS professional examination so as to compute 18 months' mandatory training period before they can be allowed to appear in the second MBBS professional examination."

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In view of the above discussion, the petitioner has not attended the classes for 12 months and petitioner does not possess 75% of the attendance. The petitioner is not eligible to join a regular batch of 2^nd year MBBS course. Further, the petitioner's batch of academic year 2018-19 has been already passed out in June 2023.

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Hence, question of allowing the petitioner to pursue the MBBS course with the regular batch does not arise. It is mandatory for the petitioner to complete 12 months of mandatory training period before she can be allowed to appear in 2^nd year MBBS professional examination. As observed above, the petitioner has not fulfilled the statutory conditions of eligibility namely 12 months of study. In view of the above discussion, I do not find any grounds to entertain the writ petition.

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Accordingly, I proceed to pass the following:

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ORDER

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The writ petition is dismissed.

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SD/JUDGE

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sks

Ms Sheethal S Patil v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

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Ms Sheethal S Patil v. Rajiv Gandhi University of Health Sciences

Case brief

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