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Judgment
This matter is taken up through Hybrid Mode.
This writ petition was taken up on priority basis on 07.05.2024 as the same relates to 3rd Professional MBBS Part-II (Supplementary) Examination, 2024 which is going to commence from 10.05.2024. Our attention has been drawn to a letter dated 21.03.2024 address to the Controller of Examination, Jyoti Vihar, Sambalpur, Burla, body of which reads as under:-
“Sir,
In inviting a reference to the subject cited above, I am here to bring your kind notice that few students of 3rd Professional MBBS Part II Batch (2019 Admission Batch) were not eligible to appear the 3rd Professional MBBS Part-II Examination of February 2024 as they had not cleared the 3rd Professional MBBS Part-I Examination then. Now they have cleared the 3rd Professional MBBS Part-I Examination of October 2023 which makes them eligible to appear 3rd Professional MBBS Part-II Supplementary Examination as per the CBME Regulations 2023.
So, I am requesting you to kindly consider those students to appear the 3rd Professional MBBS Part-II Supplementary Examination according to CBME Regulations 2023.
I am submitting the extract of the CBME regulations 2023 by NMC (page no.44 & 45) (Annexure-1) for your kind reference and necessary action.”
On a request made by this Court, Mr. Satapathy, learned counsel has accepted notice for the University and Mr. R.C. Mohanty, learned counsel for the National Medical Commission. Learned counsel representing the National Medical Commission has submitted, based on the instructions which he has received, that the National Medical Commission shall have no objection if the petitioners are allowed to appear in the examination subject to the condition that they fulfil the attendance criteria.
Today, an additional affidavit has been filed on behalf of the petitioners stating therein that if the opposite parties allow them to fill-up the form and appear in the 3rd Professional MBBS Part-II (Supplementary) Examination, 2024 provisionally, pursuant to any interim order passed by this Court, they shall not claim any equity if they do not finally succeed.
In view of the facts and circumstances, we direct the Controller of Examination, Sambalpur University to take all steps to ensure that the petitioners are allowed to appear in the 3rd Professional MBBS Part-II (Supplementary) Examination, 2024 provisionally subject to final outcome of the present writ petition.
List this matter on 26.06.2024. The Court expects that the opposite parties shall file their respective counter affidavits in the meanwhile.
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