DHIRAJ KUMAR PANDEY Vs. PALMEX ENTERPRISES

JUDGEMENT

(1.) The facts of the case are that the petitioner's first four attempts to clear Phase-I of the MBBS Examination have remained futile. The undisputed case is that he had sought to clear the Phase-I Examination in the fifth opportunity and for this purpose had got the clearance of the University, namely, Utkal University, Bhubaneswar. This is evident from the letter dated 04.01.2002 authored by the Controller of Examination of that University. This attempt has proved to be somewhat favourable. Although he succeeded in passing the examination, the declared result has been recalled by the University, and it is this action that has been assailed in these proceedings.

(2.) The relevant provision is Regulation 7(3) which stipulates thus

(3.) It is no longer res Integra that the Rules and Regulations of the Medical Council of India have statutory force. This is obvious from a perusal of the decision of the Hon'ble Supreme Court in Medical Council of India v. State of Karnataka, VI (1998) SLT 140=1998 (6) SCC 131 and in Dr. Preeti Srivastava v. State of Madhya Pradesh, VII (1999) SLT 534=1999 (7) SCC 120.