GAURAV PRATAP SINGH Vs. STATE OF UP

JUDGEMENT

(1.) The petitioners appeared for the medical entrance examination and were admitted for the MBBS Degree Course at S.N. Medical College, Agra. The petitioners duly completed the first and the second semester course for the First Professional Examination. The First Professional examination was held in the months of October and November 2013. When the results were declared on 20 February 2014, each of the petitioners was declared to have failed in at least one paper. A supplementary examination was held between 29 May and 28 June 2014. The results were declared on 23 July 2014 and it is stated that all the petitioners have duly passed the examination. The reason why the petitioners have moved this Court under Article 226 of the Constitution is that the academic authorities are treating them as constituting a batch separate from the main batch of the Second Professional Course which, according to the petitioners, would affect their eligibility to appear in the Second Professional Examination scheduled to be held in the months of May and June 2015.

(2.) Accordingly, in these proceedings, the following reliefs are sought:-

(3.) Before we summarize the submissions which have been urged by the learned Senior Counsel appearing for the petitioners and the learned Standing Counsel, it would be necessary for the Court to refer to the relevant provisions of the Regulations which have been framed on Graduate Medical Education by the Medical Council of India under Section 33 of the Indian Medical Council Act, 1956. These Regulations, which are called the Regulations on Graduate Medical Education, 1997 inter alia contain certain provisions which are relevant to the controversy. Regulation 7(1) provides as follows: