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Judgment
Ajay Rastogi, J.—Instant petition has been filed assailing order dt.02/01/08 (Ann.3) whereby respondent University rejected representation of petitioner on the premise that in absence of completing 3rd, 4th & 5th Semester, each of six months duration of II-MBBS course and without fulfillment of minimum 75% attendance at the lectures deliver and practicals & clinical separately in each subject, they are not eligible to appear in examinations of regular batch & remand batch of II-MBBS.
Main thrust of petitioner''s Counsel is that vide order dt.11/10/07 (Ann.1) passed in earlier petition (CWP-6670/2007), this Court however directed her to make representation, while it was supposed to be considered for grant of same benefit giving special chance as extended to similarly situated persons alike petitioner; but without assigning reasonable justification, her representation was rejected by respondent University.
Counsel for petitioner is not able to show any provision of University''s Ordinance under which special chance can be permitted along with regular/remand batch of MBBS examinations in absence of completing 3rd/4th & 5th semesters'' training which is requisite to make one eligible to appear in II-MBBS examination.
A similar like controversy has arisen earlier in CWP-5818/2008 (Rishiraj Sharma and (2) Ors. v. Raj. University of Health Sciences) in whose case like other students were directed by this Court in their writ petitions as happened in petitioner''s earlier petition (CWP- 6670/07 decided vide order dt.11/10/07 (Ann.1) and called upon to make representation for special chance but was rejected; and their grievance was identical as has been raised by petitioner herein seeking benefit of special chance. Vide detailed judgment dt.03/02/09 this Court dismissed CWP-5818/08 while observing ad infra:
Suffice it to say that Ord.272 does not give absolute power to the Vice Chancellor to act in contravention of MCI Regulations, 1997, according to which, the term of MBBS course is being regulated; and even if at one point of time, Vice Chancellor considered to grant students of Part-I MBBS course in July, 2007 as a special chance which in no manner can be considered as a precedent being cited for all times to come. It is always expected from the authority to exercise its discretion judiciously and within parameter of law. If one is not permitted to appear in Part-II MBBS (Prof.) examination unless he completes 3rd, 4th & 5th semester each of six months duration in terms of MCI Regulations, 1997 - period prescribed under which could not have been relaxed by the authority even in exercise of powers under Ord. 272 of the University. Granting special chance in the opinion of this Court will be in contravention of MCI regulations, 1997, which certainly cannot be permitted under law. This Court does not find any error committed while rejecting request of petitioner for grant of special chance vide order impugned. Judgment on which Counsel has placed reliance will be of no assistance in the facts of instant case.
Consequently, writ petition fails and is hereby dismissed. No costs.
Division Bench of Madhya Pradesh High Court in Muniraj Patel and Others, Ankur K. Jain and Another and Ku. Anisha Khan and Others Vs. State of M.P. and Others, observed ad infra:
Thus, the terminology ''joining of main batch'' cannot be given undue emphasis and if the principles of purposive construction is applied, we have no hesitation in holding that the petitioners cannot be permitted to appear in the examination unless they complete 18 months regular training and pass the first MBBS course.
Degree of MBBS (professional) is of four & half years duration under semester system; and to clear semester, two attempts are provided for each semester of MBBS course. Petitioner joined MBBS course (Part-I) in August-2005 and appeared in 1st Year examination held in July, 2006 but could not pass out in 1st attempt; and cleared MBBS (1st Year) Professional Examination only in 3rd attempt as per result declared on 27/09/07 and commenced attending lecturers delivered of II-MBBS from 03/10/07.
The note appended to Clause 7 of Medical Council of India Regulations clearly postulates that one can attend the Phase-II training after passing of First professional Courses. Clause 7 is an enabling provision and that too in relation to allowing the student to attend the classes alongwith main batch of 2nd year. Attending classes is one thing and to become eligible in appearing in the examination is altogether different thing. Once student does not complete 18 months in regular studies as provided in MCI regulations, a student coming from remand batch or otherwise has no right to appear in the examination.
Sole grievance of petitioner by instant petition is that respondent-University earlier has granted one more (third) chance in the form of re-remand to save year-back; as a Special chance as provided to MBBS Part-II examination held in April, 2006.
Indisputably, petitioner qualified all the papers of 1st year MBBS examination in Third attempt. That apart, certainly under present Scheme of Ord.272 of University, one is eligible to appear in Part-II MBBS (Prof.) examination only after one completes 3rd, 4th & 5th semester each of six months duration in terms of MCI Regulations, 1997, which she admittedly failed to qualify and to become eligible to appear in Part-II MBBS (Prof.) examination held in June, 2008. That apart, there is no provision being brought to the notice of this Court which may authorise Vice Chancellor or any other authority for relaxation in making students eligible to appear before completing three semesters each of six months'' duration as referred to (supra). As a consequence whereof, this Court does not find an infirmity in rejecting petitioner''s request for special chance.
Consequently, writ petition fails and is hereby dismissed. No order as to costs.