Judgment 1. This petition seeks a direction to allow the petitioners to take MBBS Second Professional examination scheduled to be held on 20.11.2007, if necessary, by quashing Ordinance 7 of the Baba Farid University Ordinances. 2. Case of the petitioners is that they were admitted to the MBBS Course in the year 2005. They took First Professional examination in June 2006 for which result "as declared on 10.8.2006. Thereafter, they took supplementary examination conducted on 14.10.2006 of which result was declared on 30.10.2006. On passing the supplementary examination, they were promoted to the Third Semester, then to fourth semester and then to 5th semester. All the said semesters were part of Second Professional year. Vide letter dated 24.10.2007, Annexure P. 2, the University informed the colleges that candidates who had passed supplementary examination will not be eligible to appear in Second Professional in November/December 2007, as they had not completed 18 months of study period. 3. Contention of the petitioners is that requirement of 18 months after passing the Ist Professional examination could not be applied only to the candidates who passed supplementary examination (in December 2006) when the same was not being applied to the students who had passed the main examination (in August, 2006). It has been further argued that the said requirement was contrary to the scheme of Regulations framed under the provisions of the Indian Medical Council Act, 1956 being "Regulations on Graduate Medical Education, 1997" (hereinafter referred to as the Regulations). The requirement therein is for 120 teaching days of 8 hours each approximately which the petitioners had completed. Further averment is that under clause 7 of Regulation 7, supplementary examination is to be conducted within six months so that the students who pass can join the main batch and the fail students can appear in the subsequent year. 4. Learned counsel for the University made a statement that he adopted the reply filed in CWP No. 14607 of 2007, which is being decided by a separate order passed today. In the said reply, stand taken is that eligibility for appearing in Second Professional examination is confined to persons having remained on the rolls of a college for one and a half academic years preceding the examination, which the petitioners had not completed the said period. In the said reply, stand taken is that eligibility for appearing in Second Professional examination is confined to persons having remained on the rolls of a college for one and a half academic years preceding the examination, which the petitioners had not completed the said period. Reliance has been placed on a judgment of the Honble Supreme Court dated 23.7.2007 in Civil Appeal No. 3217 of 2007 (Baba Farid University of Health Sciences and others v. Maneet Pal Singh and others), wherein direction for holding for a special examination was disapproved. Reliance has also been placed on a Judgment of this Court dated 29.3.2005 in CWP No. 17899 of 2005 (Amarbir Singh and others v. Baba Farid University of Health Sciences and others) to the effect that 18 months course of studies must commence after a candidate has fully qualified the first Professional examination. 5. We have heard learned counsel for the parties and perused the record. 6. The question for consideration is whether under the Scheme of relevant regulations, students who passed supplementary examination and joined the main batch, can claim to appear in the final examination of the second professional with the main batch itself, if they have completed the requisite period of study. 7. Contention raised on behalf of the learned counsel for the petitioners is that since under Regulation 7(7), candidates passing supplementary examination are entitled to join the main batch, they could not be debarred from taking the examination for Second Professional along with the students of the main batch, subject to the condition that they complete requisite course of study. As regards requisite course of studies, it was submitted that the period of 1.8 months or even of 360 days was not intended to be rigid but had some level of flexibility. It was pointed out that admittedly in fourth and 5th semesters, the petitioners had studied as much as the main batch itself. Deficiency, if any, was only in respect of third semester when there was a gap in their joining the main batch till their passing of the supplementary examination. If a strict interpretation was taken, the petitioners will have to join third semester again which commences in August every year in which case, one year will be wasted. 8. Deficiency, if any, was only in respect of third semester when there was a gap in their joining the main batch till their passing of the supplementary examination. If a strict interpretation was taken, the petitioners will have to join third semester again which commences in August every year in which case, one year will be wasted. 8. Learned counsel for the University joined issue mainly on the question of "requisite period of study", as according to him, period of 18 months was mandatory and even if the same was relaxed to some extent, period of 360 days of study had to be treated as minimum which could not be covered by extra classes or by taking into consideration provision for requirement of lectures being only 75%. Reliance has been placed on judgment of the Honble Supreme Court of India in Medical Council of India v. Madhu Singh, AIR 2002 SC 3230: [2002(6) SLR 180 (SC], Para 23. It was further submitted that result of supplementary examination did not relate back to the result of the main examination and the prescribed gap for appearing in examination was mandatory, as held in Council of Homeopathic System of Medicine, Punjab and others v. Suchintan and others, AIR 1994 SC 1761 : [1993(2) SLR 567 (SC). He also stated that the requirement of one and a half years study was considered to be mandatory in Medical Council of India v. Sarang, AIR 2001 SC 3300. 9. It will be appropriate to extract the relevant regulations dealing with the matter, which read as under : "7. Training Period and Time Distribution (1) Every student shall undergo a period of certified study extending over 4-1/2 academic years divided into 9 semesters, (i.e. of 6 months each) from the date of commencement of his study for the subjects comprising the medical curriculum to the date of completion of examination and follows by one year compulsory rotating internship. Each semester will consist of approximately 120 teaching days of 8 hours each college working time, including one hour of lunch. (2) The period of 4-1/2 years is divided into three phases as follows : (a) Phase-I (two semesters) consisting of Pre-clinical subjects (Human Anatomy, Physiology including Bio-Physics, Bio-Chemistry and introduction to Community Medicine including Humanities). Each semester will consist of approximately 120 teaching days of 8 hours each college working time, including one hour of lunch. (2) The period of 4-1/2 years is divided into three phases as follows : (a) Phase-I (two semesters) consisting of Pre-clinical subjects (Human Anatomy, Physiology including Bio-Physics, Bio-Chemistry and introduction to Community Medicine including Humanities). Besides 60 hours for introduction to Community Medicine including Humanities, rest of the time shall be somewhat equally divided between Anatomy and Physiology plus Biochemistry combined (Physiology 2/3 and Biochemistry 1/3) (b) Phase-II (3 semesters) - consisting of para- clinical/clinical subjects. During this phase teaching of para-clinical and clinical subjects shall be done concurrently. The para-clinical subjects shall consist of Pathology, Pharmacology, Microbiology, Forensic Medicine including Toxicology and part of Community Medicine. The clinical subjects shall consist of all those detailed below in Phase III. Out of the time for Para-clinical teaching approximately equal time be allotted to Pathology. Pharmacology. Microbiology and Forensic Medicine and Community Medicine combined (1/3 Forensic Medicine and 2/3 Community Medicine). See Appendix C. (c) Phase-III (Continuation of study of clinical subjects for seven semesters after passing Phase-I). The clinical subjects to be taught during Phase 11 and III are Medicine and its allied specialities; Surgery and its allied specialities, Obstetrics and Gynaecology and Community Medicine. Besides clinical posting as per schedule mentioned herewith rest of the teaching hours be divided for didactic lectures, demonstrations, seminars, group discussions etc. in various subjects. The time distribution shall be as per Appendix C. The Medicine and its allied specialities training will include General Medicine, Paediatrics, Tuberculosis and Chest, Skin and Sexually Transmitted Diseases, Psychiatry, Radio-diagnosis, infectious diseases etc. The Surgery and its allied specialities training will include General Surgery, Orthopaedic Surgery including Physiotherapy and Rehabilitation, Ophthalmology, Otorhinolaryngology, Anaesthesia, Dentistry, Radio-therapy etc. the Obstetrics and Gynaecology training will include family medicine, family welfare planning etc. (3) The first 2 semester (approximately 240 teaching days) shall be occupied in the Phase-I (Pre-clinical) subjects and introduction to a broader understanding of the perspectives of medical education leading to delivery of health care. the Obstetrics and Gynaecology training will include family medicine, family welfare planning etc. (3) The first 2 semester (approximately 240 teaching days) shall be occupied in the Phase-I (Pre-clinical) subjects and introduction to a broader understanding of the perspectives of medical education leading to delivery of health care. No student shall be permitted to join the Phase-II [Paraclinical/clinical) group of subjects until he has passed in all the Phase-I (Pre clinical) subjects for which he will be permitted not more than four chances (actual examination), provided four chances are completed in three years from the date of enrolment.] (4) After passing pre-clinical subjects, I-1.2 year (3 semesters) shall be devoted to para-clinical subjects. Please II will be devoted to para-clinical and clinical subjects, alongwith clinical postings. During clinical phase (Phase III) pre- clinical and para-clinical teaching will be integrated into the teaching of clinical subjects where relevant. (5) Didactic lectures should not exceed one third of the time schedule; two third schedule should include practicals, clinicals or/and group discussions. Learning process should include living experiences, problem oriented approach, case studies and community health care activities. (6) Universities shall organize admission timings and admission process in such a way that teaching in first semester starts by 1st of August each year. (7) Supplementary examination may be conducted within six months so that the students who pass can join the main batch and the failed students will have to appear in the subsequent year. (8) Phase Distribution and Timing of examinations :- 6. Months 6 Months 6 Months## 1 2 Ist Professional examination (during second semester)## 3 4 5 IInd professional examination (during fifth semester)## 6 7 IIIrd Professional Part (during 7th semester)## 8 9 IIIrd professional Part 11 (Final Professional) during 9th semester## Note : (a) Passing in Ist Professional 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 lend Professional examination. (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 lend Professional examination. (c) Passing in IIIrd Professional [Part I) examination is not compulsory before entering for 8th and 9th semester training, however, passing of IIIrd Professional (Part I) is compulsory for being eligible for IIIrd Professional [Part II) examination.] 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." Ordinance No. 7 of the University is as under : "7. The second Professional examination shall be held during the fifth semester in the month of November/December or on such other dates as may be fixed by the Vice Chancellor, and shall be open to a person who after having passed the first Professional examination, remained on the rolls of an affiliated college for one and a half academic year preceding examination, and has his name submitted to the Registrar through the head of the College/Institute along with the certificates as required by Clause (2) of Ord. 6 Supra." 10. We are of the view that once the students passing supplementary examination are allowed to join the main batch and complete requisite period of study, they could not be debarred from appearing in the main examination for second professional alongwith the main batch. Even the University is not taking the period of 18 months as rigid as the examinations for the main batch are being held before 18 months of commencement of study. From August 2006 to November 2007, period is 15 months. Only difference in the students who join the main batch after supplementary examination and the students who join the main batch from the beginning is a period of 2-3 months and if the students joining the main batch later have been allowed to complete the said studies, as per the certificate, issued by the College, they should not be debarred from appearing in the main examination of the second Professional with the main batch itself. In the present case, as per certificate, Annexure P. 3, all the petitioners have completed their attendance and the requisite period of study. 11. In the present case, as per certificate, Annexure P. 3, all the petitioners have completed their attendance and the requisite period of study. 11. The Regulations laying down the period of study have to be substantially complied. The duration of course in the case of the petitioners remained the same and they have attended 75% of the lectures and completed the requisite days of study. The Observations in Madhu Singh (supra) relied upon by the learned counsel for the University will not apply to the present situation. The said observations are intended to apply to midstream admission with the justification for extra classes. The DB judgment of this Court relied upon by the learned counsel for the University is distinguishable. Therein, the question was of issuance of mandamus for permitting admission to Second Professional year after passing the supplementary examination for the First Professional year. In the present case, the petitioners have already been allowed to join the second Professional year alongwith the main batch and they have completed the studies alongwith the said batch. 12. As regards judgment in Suchintan (supra), the same is distinguishable. In the present case, the question is not of relating back to the main examination and as regards time gap, the university itself is not taking the period of 18 months as a rigid period. 13. As regards judgment in Sarang (supra), the question was whether the requisite period of study was required to be completed in a college where a student migrated irrespective of the period of study already completed by him in an earlier college. The said judgment, is thus, distinguishable. 14. Accordingly, we allow this petition and direct that the petitioners be allowed to appear in examination of the second Professional year alongwith the main batch. Petition allowed.