Mukesh Kumar vs Rajasthan University Of Health And Science And Ors

The instant writ petition has been filed by the petitioner seeking a direction for the respondents No.1 & 2 to permit him to appear in the M.B.B.S. 2nd year Main Examination, 2019.

Facts of the case are that the petitioner was admitted in M.B.B.S. course with Sawai Mansingh Medical College, Jaipur in the year 2010. The petitioner was declared failed in the 1st year M.B.B.S. Main Examination held in January, 2012. As per petitioner he was declared passed upon re-evaluation of the result of M.B.B.S. 1st year; but, vide order dated 18.09.2014, respondent No.1 cancelled his result and disqualified him for a period of four years on account of forging the mark-sheet of re-evaluation result.

Thereafter, the petitioner appeared in the M.B.B.S. 1st year Main Examination held in July, 2019; wherein, vide Annexure-3 the mark-sheet dated 06.08.2019, he has been declared pass. Grievance of the petitioner is that he is not being permitted to undertake the 2nd year M.B.B.S. Main Examination, 2019 assigning the reason of shortage of attendance whereas, he has attended the regular classes of the M.B.B.S. 2nd year prior to imposition of penalty vide order dated 18.09.2014. His contention is that the attendance of the classes of M.B.B.S. 2nd year prior to the order of punishment should be taken into account for permitting him to appear in the M.B.B.S. 2nd year examination.

Learned counsel for the petitioner has placed reliance upon judgment of this Court in the case of Neelam Bapna Versus Rajasthan University of Health Sciences & Ors., S.B. Civil Writ Petition No.7080/2014 dated 08.05.2015 in support of his submissions.

Per contra, learned counsel appearing for the respondent No.1 & 2 has submitted that since the petitioner has attended the classes of M.B.B.S. 2nd year on the strength of a forged mark sheet, such attendance cannot be reckoned for permitting him to appear in 2nd year examination. Mr. M.A. Khan, learned counsel for the respondents has placed reliance upon Ordinance 268(b) of the University to canvass that a student can be permitted to join phase II group of subjects (M.B.B.S.) only if he has passed in all the phase I subjects. It further provides that students who have been admitted late in the medical college, will not be allowed to appear in the next regular examination and they will be required to confirm to the period of study prescribed and fulfil the requirement of attendance. It was submitted that since, the petitioner has passed his M.B.B.S. 1st year examination only in August, 2019, in absence of fulfilling the requisite minimum eligibility of having attended the regular classes, the petitioner cannot be permitted to write the second year M.B.B.S. examination. The judgment rendered by this Court in Neelam

Bapna (supra) has been distinguished on the premise that in that case, the petitioners successfully challenged the order of punishment whereby their results were cancelled whereas, in the obtaining case, the order of punishment has attained finality. Learned counsel for the respondents has placed reliance upon the judgment of Division Bench of this Hon'ble Court dated 02.07.2019 passed in DB Special Appeal Writ No.933/2019 titled as Ayush Tiwar & Ors. Vs. State of Rajasthan & Ors. wherein, this Court has held the Ordinance 268(b) of the University to be mandatory and the petitioners therein, who have completed 13 months of study as against requisite 18 months, were not permitted to undertake the examination. Placing reliance upon the judgment of the Hon'ble Apex Court in the case of Nidhi Kaim & Anr. V s. State of Madhya Pradesh & Ors. reported in AIR 2017 Supreme Court 986, it was submitted that the Hon'ble Supreme Court has refused to approve any benefit derived by any candidate playing fraud. It was submitted that since in the present case, attendance of the classes of M.B.B.S. 2nd year by the petitioner forging the mark-sheet of the M.B.B.S. 1st year, cannot entitle him for any benefit.

Heard the learned counsel for the parties and perused the record. Admittedly, the petitioner has attended the classes of M.B.B.S. 2nd year on the strength of forged mark-sheet. Such attendance cannot be permitted to be taken into consideration for the purpose of meeting the requisite attendance eligibility entitling the petitioner to appear in 2nd year Main Examination, 2019. As per Ordinance 268(b) of the University, the petitioner is required to undergo complete course of M.B.B.S. 2nd year comprising of 18 months after passing the M.B.B.S. 1st year Examination in absence of which he cannot undertake the 2nd year Main Examination. The petitioner has passed 1st year examination only in August, 2019, therefore, prayer made by the petitioner cannot be accepted. The ratio of the judgment of this Court in the case of Neelam Bapna (supra) is of no help to the petitioner.

The writ petition is dismissed being devoid of any merit.