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Rajasthan High Court · body

2015 DIGILAW 216 (RAJ)

Ankit Yadav v. Rajasthan University of Health Sciences

2015-01-23

ARUN BHANSALI

body2015
Hon'ble BHANSALI, J.—This writ petition has been filed by the petitioners seeking the following reliefs:- “(i)- The petition may be allowed and let petitioners appear in the First Final MBBS Examination which are going to be held from January, 2015. (ii)- That the respondents are directed to accept the examination form of the petitioners and allow them to appear in the First Final MBBS Examination. (iii)- That the respondents may be directed to consider the petitioners eligible to appear in the First Final MBBS examination and subsequently their result may be declared. (iv)- The respondent No.3 may be directed to send the examination forms of the petitioners to the University. (v)- That writ petition may kindly be allowed with cost. (vi)- Any other order or direction, which may be deemed just and proper in the facts and circumstances of the case, may kindly be passed in favour of the humble petitioner.” 2. The petitioners, who are 28 in number are students of MBBS and are presently undergoing their studies with respondent No.3 College. It is the case of the petitioners that they joined the course of MBBS in July, 2011; the 1st Professional Examination was held in July, 2012; the petitioners failed. All the petitioners appeared in the examination of the first MBBS in January, 2013 and were declared pass. Whereafter they were allowed to attend the classes of 2nd MBBS and were allowed to appear in the 2nd Professional Examination on completion of 18 months’ course of study after passing 1st Professional Examination in July, 2014; the result was declared and the petitioners passed the same. 3. It is then claimed in the petition that the petitioners attended the theory classes and ward postings for 6th Semester, which started from January, 2014 and were allowed to attend the theory and ward posting in 7th Semester from July, 2014. It is claimed that the petitioners regularly attended all the classes as per the schedule provided by the college alongwith the main batch. 4. It is contended that as per the Medical Council of India Regulations on Graduate Medical Education, 1997 (‘MCI Regulations’) while the requirement before appearing for 2nd Professional Examination is a minimum 18 months’ study, there is no such requirement that students should have studied for one year before appearing in 2nd Professional Part-Ist Examination. 4. It is contended that as per the Medical Council of India Regulations on Graduate Medical Education, 1997 (‘MCI Regulations’) while the requirement before appearing for 2nd Professional Examination is a minimum 18 months’ study, there is no such requirement that students should have studied for one year before appearing in 2nd Professional Part-Ist Examination. Whereafter, it is stated that this Court in similar matters pertaining to the students of previous year permitted them to appear for 3rd Professional Part-I Examination without there being the study of one year between passing of the 2nd Professional Examination and the 3rd Professional Part-I Examination. It is submitted that the 3rd Professional Part-I examination of the petitioners will start in the month of January, 2015 and the respondents were not allowing them to appear in the said examination and their action being contrary to the MCI Regulations and the law laid down by the Court, the reliefs as prayed for be granted. 5. On notices being issued, a reply has been filed by the respondent No.3 College opposing the reliefs prayed for by the petitioners. 6. It is, inter-alia indicated that though the petitioners have undertaken study for the 7th Semester, they have not undergone the study for 6th Semester and therefore, they are not eligible to appear in the 3rd Professional Part-I Examination. The claim of the petitioners that they undertook studies for 6th Semester with main batch has been denied. 7. An additional affidavit has been filed by the petitioners in support of their petition, inter-alia, claiming that they have undergone the 6th Semester training and have also been allowed to appear in PUC Examination. Further the documents have been filed regarding payment of fees for the 3rd year MBBS. 8. No reply has been filed by the respondent-University. 9. It is submitted by learned counsel for the petitioners that the provisions of Clause 7(7) and 8 of the MCI Regulations clearly provides that while it is necessary for the students to complete the full course of study of 18 months for the 2nd Professional MBBS examination, there is no such requirement for 3rd Professional Part-I Examination and further the only requirement is that the students should have passed the 2nd Professional Examination, which the petitioners had admittedly passed and therefore, the respondents are not justified in stopping the petitioners from appearing in the 3rd Professional Part-I Examination. 10. 10. It is further submitted that the plea raised by the respondent-College regarding the petitioners not having undergone the 6th Semester study is incorrect and in fact, the petitioners have already undergone the 6th Semester study alongwith the main batch. It was further submitted that the very fact that the petitioners have been allowed to appear in the PUC examination clearly shows the conduct of the respondent-college in acknowledging the fact of petitioners having undergone study for the 6th and 7th Semester. It was prayed that the writ petition filed by the petitioners be allowed. 11. Reliance was placed on an interim order dated 19.12.2013 passed by this Court in S.B. Civil Writ Petition No.14414/2013 and a judgment of this Court at Jaipur Bench in Aditya Sharma & Ors. vs. Rajasthan University of Health Sciences & Anr. : S.B. Civil Writ Petition No.601/2014, decided on 17.1.2014. 12. Learned counsel for the University and the College vehemently opposed the submissions made by learned counsel for the petitioners. It was submitted that in view of the specific provisions of Clauses 7(7) and 8 of the MCI Regulations, it is apparent that the petitioners were required to undergo their course of study for 2nd Professional Examination during the period January, 2013 to July, 2014 when they passed their 2nd Professional Examination and whereafter as only six months have passed, there is no question of the petitioners having completed their study of 6th and 7th Semester. The petitioners have only produced the time-table pertaining to 7th Semester regarding which they have undergone their studies and from a perusal of Annexure-R/3/1 produced by the college, it is apparent that only the students of main batch underwent studies of 6th Semester during the period January, 2014 to June, 2014, and the time-table for 6th Semester for the petitioners has been issued for the period January, 2015 to June, 2015. It was submitted that nothing turns on the fee receipts filed by the petitioners, inasmuch as, the fees is charged from the students for each year irrespective of the fact whether they have undertaken the study in a particular semester of particular year. It was submitted that the Jaipur Bench of this Court in SBCWP No14414/2014 has by its order dated 19.12.2014 rejected the stay application filed by the similarly situated petitioners. 13. I have considered the rival submissions made by learned counsel for the parties. 14. It was submitted that the Jaipur Bench of this Court in SBCWP No14414/2014 has by its order dated 19.12.2014 rejected the stay application filed by the similarly situated petitioners. 13. I have considered the rival submissions made by learned counsel for the parties. 14. It would be appropriate to notice the relevant clauses of MCI Regulations which deal with the present controversy. Clause 7(7) and 8 (in so far as relevant) reads as under:- “7(7) The supplementary examination for Ist 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.” “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 I (during 7th Semester) (8) (9) IIIrd professional Part II (Final Professional). Note : a) Passing in Ist Professional is compulsory before proceeding to Phase II training. b) A student who fails in the IInd professional examination, should not be allowed to appear IIIrd Professional Part I examination unless he passes all subjects of IInd Professional examination. c) Passing in IIIrd Professional (Part I) examination is n ot compulsory before entering for 8t h & 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 Courses in Clinical Methods in Medicine & Surgery of two weeks each for the whole class.” 15. Admittedly, the petitioners were granted admission in MBBS in July, 2011, they appeared in their 1st Professional Examination in July, 2012 and failed. Whereafter, they reappeared for 1st Professional Examination in January, 2013 and passed the same. 16. Admittedly, the petitioners were granted admission in MBBS in July, 2011, they appeared in their 1st Professional Examination in July, 2012 and failed. Whereafter, they reappeared for 1st Professional Examination in January, 2013 and passed the same. 16. A bare reading of the clause 7(7) (supra) reveals that the students of the 1st Professional Examination, who appear in supplementary examination or the failed students who reappear in the examination and pass the same, are allowed to appear in the 2nd Professional Examination only after they have completed the full course of study of 3 Semesters (18 months) for the 2nd Professional Examination and the clause further qualifies the said aspect by indicating the above requirement irrespective of the examination of the main batch. 17. The above clause in no uncertain terms emphasizes the requirement for the students to undergo his studies for each Semester after passing of his 1st Professional Examination either as a student having obtained supplementary or as a failed student. Further Note (a) under clause 8 reemphasizes the above aspect and provides that passing in the 1st Professional Examination is compulsory before proceeding to Phrase II training. 18. Note (c) under clause 8 provides that passing in 3rd Professional Part-I Examination is not compulsory before entering in 8th and 9th Semester training. However, passing of the examination is compulsory for being eligible for 3rd Professional (Part II) Examination. It would be noticed that no such note / provision exists for 6th and 7th Semester training, meaning thereby that passing of the 2nd Professional Examination is compulsory before entering for 6th and 7th Semester training. Consequently, undergoing 6th Semester training before passing the 2nd Professional Examination is not possible. 19. There cannot be any argument regarding the requirement for the students to undergo training / study in each of the Semesters and the same cannot be given a go-bye and / or skipped only with a view to save time of the students and / or to bring them at par with the main batch. 20. This Court in the case of Aditya Sharma (supra) in a case of similarly placed students has while deciding the writ petition observed and directed as under:- “The controversy thus narrows down to this fact whether the petitioners have attended the classes of VI and VII Semesters. 20. This Court in the case of Aditya Sharma (supra) in a case of similarly placed students has while deciding the writ petition observed and directed as under:- “The controversy thus narrows down to this fact whether the petitioners have attended the classes of VI and VII Semesters. This petition is, therefore, disposed of with the following directions : (i)- that the respondents shall permit the petitioners to appear in PUC and MBBS Final Year Part-I Examination. (ii)- that the petitioners shall produce before the respondents the proof of their attending the classes of VI and VII Semesters from the Principal of Jhalawar, Medical College, Jhalawar. (iii)- that the Principal, Jhalawar Medical College shall on the basis of their records issue requisite certificate to the petitioners, whether or not they have attended the study course of VI and VII Semesters with the regular batch. (iv)- that upon production of the said proof, the respondents shall declare result of MBBS Second Year Examination of the petitioners. (v)- that in the event of failure of the petitioners to produce the proof of their attendance of VI and VII Semesters, the examination attemp-ted by the petitioners pursuant to this order shall stand cancelled. (vi)- the respondents would be expected to apply this order for all similarly placed candidates.” (emphasis supplied) 21. A bare look at the above directions reveal that this Court in the said judgment also emphasized the requirement whether the students have attended the classes of 6th and 7th Semester and inter-alia directed that if the petitioners failed to produce the proof of their attendance of 6th and 7th Semester, the examination attempted by them pursuant to the judgment shall stand cancelled. Therefore, the judgment in the case of Aditya Sharma (supra) also leads to a irresistible conclusion that it is necessary for the students to undertake the study in the 6th and 7th Semester before appearing for the 3rd Professional Part-I Examination. 22. One important aspect, which needs to be emphasized, though unfortunately being ignored in recent times, is that the objective of any course of study is to impart education in the respective field to the student and not merely passing of the examinations. If the student has not studied the curriculum by attending the theory and practical classes, even if he passes the examination, he is bound to fail in his profession. If the student has not studied the curriculum by attending the theory and practical classes, even if he passes the examination, he is bound to fail in his profession. Therefore, the submission often made that let the student appear in the examination even if he has not attended the classes / undergone the course of study for any reason, cannot and must not be accepted. 23. In the present case as per the attendance sheets produced by the college for the 7th Semester, some students have not attended even a single theory class and clinical posting and while the minimum required attendance is 75%, most of the students have attended less than 10% classes. The fate of the unsuspecting patients in the hands of such students, even if they were to pass their examinations, would not be safe. The college and the University are expected to keep a close watch on the said aspect and to ensure that such students without achieving the minimum prescribed attendance are not permitted to appear in the examinations. 24. As to whether the petitioners have undergone the 6th Semester course of study, in reply to the contention raised by the petitioners in para 6 of the petition regarding their having undergone the 6th Semester training with the main batch, the respondent-college has made detailed submissions in para 4 of its reply alongwith documentary evidence to support the said submissions and has inter-alia concluded as under :- “Thus it is wrong and false statement of the petitioners that they have regularly attended the theory classes and clinical postings for both 6th and 7th Semester whereas as per the record i.e. roll number division sheet, time table for both 6th and 7th Semester and attendance sheet, the petitioners have only attended the theory classes and clinical postings of the 7th Semester. As far as the conduction and completion of theory classes and clinical postings for 6th Semester in respect with remanded MBBS Batch 2011 including those of petitioners is concerned, the said students will be allowed to complete their theory classes and clinical postings of 6th Semester as per the time table declared by the respondent college for its next upcoming main MBBS batch 2012 already started in the current month of January 2015 and to be held till June, 2015. Thus, by the facts as narrated above and the record of attendance available with the respondent college, the petitioners have only completed 7th Semester theory and clinical training held from July, 2014 to December, 2014 after being declared passed in 2nd Professional MBBS examination held in the month of July, 2014, and petitioners still have to complete their 6th Semester theory and clinical training to be eligible to write 3rd Professional MBBS Part-I examination and meaning thereby are not eligible to write 3rd Professional MBBS Part-I examination scheduled to be held in the current month of January, 2015.” 25. In support of the above submissions, documents have been filed wherein all the relevant time-tables have been placed on record which indicates that during the period January, 2014 to June, 2014 only 74 students underwent clinical postings and during the period July, 2014 to December 2014 121 students underwent clinical posting for 7th Semester and clinical posting for the petitioners for 6th Semester has been provided for during the period January, 2015 to June, 2015. There is apparently no reason to disbelieve the reply filed by the respondent No.3 College supported by documentary evidence. 26. So far as the documents i.e. the fee receipts filed by the petitioners are concerned, the same have been issued in August, 2013 and indicates MBBS 3rd year. Admittedly, the petitioners had only spent six months till August, 2013 in their 2nd year MBBS and therefore, the indication of ‘3rd year’ in the fee receipts cannot be termed as payment for 3rd year MBBS. 27. The submissions made by learned counsel for the respondent-College appears to be valid that each year irrespective of the students’ status the fee is charged and therefore, as the petitioners were granted admissions in July, 2011, 2nd year’s fees would have become due in July, 2012 and 3rd year’s fees would have become due in July, 2013. 28. So far as the argument regarding permitting the petitioners to undertake the PUC examination is concerned, the action on part of the college to permit the petitioners to appear in the PUC examination appears to be contrary to its own stand in the present writ petition. However, the said action of permitting the petitioner to appear in PUC examination by itself cannot make them eligible to appear in the 3rd Professional Part-I Exami-nation without having undergone the study pertaining to the 6th Semester. However, the said action of permitting the petitioner to appear in PUC examination by itself cannot make them eligible to appear in the 3rd Professional Part-I Exami-nation without having undergone the study pertaining to the 6th Semester. 29. The interim orders passed by this Court, relied on by counsel for the petitioners and the respondents, cannot be pressed in service as precedents. 30. In view of the conclusions arrived hereinbefore, wherein the requirement of the students to undertake the theoretical study and clinical posting for the 6th and 7th Semester after passing of their 2nd Professional Examination is necessary before they can be permitted to appear for the 3rd Professional Part-I Examination and in view of the finding recorded hereinabove that the petitioners have not undergone the 6th Semester studies, the petitioners are not entitled to grant of any relief as prayed by them in the writ petition. 31. Consequently, there is no substance in the writ petition, the same is, therefore, dismissed.