KM DARSHA AHUJA AND Vs. UNIVERSITY OF AGRA

JUDGEMENT

(1.) These five petitions are being disposed of by a common judgment as the major controversies involved therein are the same. The petitioners have been declared failed at the third and final professional examination of M.B.B.S. course held in September/ October, 1981 by the Agra University. The petitioners were all students of Sarojini Nayudu Medical College, Agra which is affiliated to the Agra University, Agra, The relief claimed in the petition is that the results of the petitioners in so far as the subjects in which they have been declared failed be quashed and a writ of mandamus be issued to the respondents commanding them to declare the petitioners as passed at the said examination.

(2.) The petitioners have assailed the legality and propriety of their results broadly on two grounds :

(3.) We will take up the first point first. In order to appreciate the submissions, it will be necessary to outline the true role and functions of the Medical Council of India and the legal effect and status of the Regulations framed by it vis-a-vis Medical Education being imparted in India as well as the standards and schemes of professional examinations for the degree of M.B.B.S which is awarded by the various Medical Institutions. In fact this topic has been the subject of exhaustive consideration in various cases decided by the Supreme Court. In State of Kerala v. Km. T. P. Roshana reported in AIR 1979 SC 765, their Lordships observed thus (at p. 771):--