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2011 DIGILAW 150 (MP)

Kirti Vardhan Nema v. Barkatullah University Bhopal

2011-02-02

K.K.LAHOTI, SUSHMA SHRIVASTAVA

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JUDGMENT : Learned counsel for respondent no.3 submitted that the point involved in this case is that petitioner who has already attempted four times in M.B.B.S. First Professional Course could not clear the First Professional Course, so he has been debarred from appearing further, but now the aforesaid regulation has been amended by the Medical Council of India, vide notification dated 26th September, 2003 published in the Gazette of India, Extraordinary, Part III- Section 4 dated 30th September, 2003 and now the University can permit the petitioner to appear in the next examination. The aforesaid position is not disputed by learned counsel for respondent no.1. This Court considered similar question in W.P.No.16996/2010 (Vishwadeep Singh & another Vs. Barkatullah University, Bhopal & others), in which on 10.1.2011 this Court decided the matter thus :- "Learned counsel appearing for respondent No.3 submitted that in view of the notification dt.26.9.2003, condition for completion of the course within 3 years from the date of enrollment with not more than four chances to appear in the examination has now been deleted, so the result of the petitioners may be declared by the respondent no.1. In view of the aforesaid factual position, Shri Mahendra Pateria, learned counsel appearing for respondent no.1 submitted that within a period of 15 days from today the result of the petitioners for MBBS First Professional Examination conducted in August 2010 shall be declared, if the result has been withheld because of the aforesaid reason by the respondent No.1. In view of the aforesaid statement made by Shri Pateria, no further order is required in the matter. It is made clear that in case result has not been declared because of any other reason except aforesaid, the respondent No.1 shall communicate the aforesaid reason to the petitioners forthwith by RAD post so that the petitioners may reagitate the matter in accordance with law. No order as to costs." In view of aforesaid position, this petition is finally disposed of with following direction :- The respondent no.1/University shall permit the petitioner to appear in the ensuing M.B.B.S. First Professional Course examination, if the case of petitioner is squarely covered by notification dated 26th September, 2003 (supra) and there is no other impediment in appearing of petitioner in the ensuing examination. No order as to costs.