Students petitioned allowing them to appear in MBBS III Part-II supplementary exam after appearing in Part-I under interim order. Court directed result declaration and permission.
Directions to declare results and permit appearance in MBBS III Part-II supplementary examination.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No. 5810 of 2016
23.08.2016 The petitioners are students of the V.S.S. Medical College and Hospital, Burla
, Sambalpur, which is affiliated to Sambalpur University. They are pursuing their MBBS course.
The dispute in the present petition is with regard to the petitioners appearing in the specia
l examination/supplementary examination of MBBS III Professional Part-I examination and therea
fter in the MBBS III Professional Part-II supplementary examination. According to the petition
ers, they having not been permitted to appear in MBBS III Professional Part-I supplementary ex
amination, they were compelled to file this writ petition with the following prayer.
That the petitioners therefore pray that the Honble Court may kindly be please
d to admit the writ petition and to issue a RULE NISI to the opposite parties to show cause a
s to;
(i) Why the opposite parties will not be directed to conduct a special examination/supplementa
ry examination for the petitioners to appear MBBS III Professional Part-I examination and on c
ompletion allow the petitioners to appear MBBS III professional part-II supplementary examinat
ion along with his batchmates within stipulated time with due clarification otherwise the peti
tioner will suffer irreparably.
By an interim order dated 05.04.2016, the petitioners were permitted to appear in the
MBBS III Professional Part-I examination, which was scheduled to be commenced from 06.04.2016,
but the results of the said examination were to be subject to the outcome of the writ petitio
n. Pursuant to the aforesaid interim order, the petitioners have been permitted to appear in t
he MBBS III Professional Part-I examination.
2. Dr. C.R. Mishra, learned counsel for the opposite party-University has stated
that there was no impediment for the petitioners appearing in the MBBS III Professional Part-I
examination, which was scheduled to be commenced from 06.04.2016 and, according to him, the p
etitioners have unnecessarily approached this Court, as the University had never denied them t
o appear in the said examination. Be that as it may, whether it was merely on apprehension or
because of some positive action or inaction on the part of the University that the petitioners
were under the impression that they would not be permitted to appear the said examination, an
d hence they filed this writ application and pursuant to the interim order, they appeared in t
he said examination, the results of which have not yet been declared.
3. As regards, permission to the petitioners to appear in the MBBS III Profession
al Part-II supplementary examination is concerned, Dr. C.R. Mishra, learned counsel for the Un
iversity states that as per the University Regulations based on the Medical Council of India (
MCI) Regulations, the only such candidates can be permitted to appear in the MBBS III Professi
onal Part-II examination, who have registered themselves for examination and have either faile
d to present themselves at the examination or having appeared and failed in the examination. T
he relevant clause 7.10 of the Graduate Medical Education Regulations, 2010 is extracted below
;
7.10 A candidate, who having registered himself for examination has either failed to present
himself at the examination or having appeared and failed in the examination may be admitted o
nce more in the subsequent examination on payment of the prescribed fees if he produces a cert
ificate from the principal of the college showing that he has since the date of the last exami
nation prosecuted a regular course of study in the subjects prescribed for the examination and
also in the case of the final examination a further course of hospital practical and clinical
instruction.
The said Regulations have been framed in terms of the MCI Regulations.
4. Sri R.C. Mohanty, learned counsel appearing for MCI-opposite party no.4 has categorica
lly stated that since the petitioners have completed their course, in so far as attending the
classes for the MBBS III Professional Part-II examination is concerned, as per the MCI Regulat
ions there would be no bar on being permitted to appear in the MBBS III Professional Part-II s
upplementary examination, provided the petitioners have been successful in the MBBS III Profes
sional Part-I examination.
5. In view of the fact that the University did not have any objection with regard to the
petitioners appearing in the MBBS III Professional Part-II supplementary examination and also
keeping in view the statement of Mr. Mohanty, learned counsel for MCI that the MCI Regulations
do not prohibit the candidates from appearing in the MBBS III Professional Part-II examinatio
n if they have cleared the MBBS III Professional Part-I examination and have attended the clas
ses, which the petitioners have done, we direct that the result of the petitioners for the MBB
S III Professional Part-I examination, for which they have appeared in terms of the interim or
der dated 05.04.2016, would be declared along with the other candidates, who had appeared with
them in the examination, which commended from 06.04.2016, and if the results of other candida
tes have already been declared, the results of the petitioners shall be declared forthwith. It
is further directed that the petitioners shall, thereafter, be permitted to appear in the MBB
S III Professional Part-II supplementary examination, which may be held after the declaration
of the results for the MBBS III Professional Part-I examination.
With the aforesaid direction, this writ petition stands disposed of.
Issue urgent certified copy as per Rules.
...... (VINEET SARAN)
CHIEF JUSTICE
(Dr. B.R. SARANGI)
2 issues framed by the court
Whether petitioners can appear in MBBS III Professional Part-II supplementary examination if they have cleared Part-I and attended classes.
Whether University regulations bar candidates who cleared Part-I and attended classes from appearing in Part-II supplementary.
2 provisions across 2 enactments
Students of V.S.S. Medical College and Hospital, Burla
Sambalpur University
MCI
Vineet Saran
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court