RAJESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Special Appeal No. 97 of 1998 filed under Ch. VIII, Rule 5 of the Rules of the Court has been preferred from the order dated 25th March, 1998 by which learned Single Judge held Civil Misc. Writ Petition No. 556 of 1998 not maintainable in Lucknow Bench of this Court. While hearing special appeal on merits, learned Counsel for the parties agreed that the writ petition from which the aforesaid appeal has arisen may also be heard and decided on merits. Thus we have heard Counsel for parties on appeal as well as on the writ petition and both are being decided by the common order.

(2.) The facts, in short, giving rise to dispute are that petitioner No. 1 and other students joined MBBS course in Lala Lajpat Rai Memorial Medical College, Meerut (in short referred to as 'L.L.R.M. Medical College'). It is stated in the writ petition that on account of the delay in conducting C.P.M.T. Examination, the studies of MBBS course of 1992 batch could commence in April, 1993. After completing four and half years studies consisting of nine semesters, final examination was held in month of October, 1997 and the result were declared. The successful students were accorded temporary registration by the U.P. State Medical Council and at present all of them are doing required compulsory one year rotatory internship. They expect that they will complete their internship by 31st March, 1999 and then shall be eligible to appear at the All India Entrance Examination and U.P. State Post Graduate Medical Entrance Examination for diploma and degree courses for which rotatory internship is required to be completed by 1st May, 1999.

(3.) The grievance of this batch of 1992 medical students is that the academic year for the students of 1993 M.B.B.S. Course of L.L.R.M. Medical College though could commence from 28th December, 1992 but their final professional examination is going to be held from 9th March, 1998, though they have not completed four and half years M.B.B.S. course as prescribed by the Medical Council of India. The case of petitioners is that if the final professional examination of M.B.B.S student of 1993 batch is held according to the scheme, their results will be declared and they shall become entitled to complete one year of compulsory rotatory internship immediately after declaration of the result and they may complete it by May, 1999 and the students of 1993 batch shall also become eligible to appear in All India Entrance Examination and U.P. State Post Graduate Entrance Examination for Diploma and degree courses of 1999. Thus the petitioner No. 1 and other students who belong to 1992 batch shall be put to disadvantage. The allegations have been made that final professional year examination of 1993 batch of M.B.B.S. students is being conducted before expiry of 4-1/2 years studies with mala fide object to give advantage to some students of this batch who are sons of high ups and resourceful persons. In the writ petition it has been alleged that on 22nd January, 1998, respondent No. 2 Director General, Medical Education, Uttar Pradesh, Lucknow addressed a letter to Principals of the Medical Colleges of the State in which he stated that the representations have been received from the guardians of the students of 1993 M.B.B.S. students that the examination is not being held in time as a result of which their wards will not be in a position to take up the Post Graduate Entrance Examination and they will suffer loss of one year. The respondent No. 2 thus required the principal of Medical College to submit parawise report on the representation of the guardians within a week and also to intimate the proposed scheme of holding final professional examination of M.B.B.S. students of 1993 batch. It has been submitted that the Principal of King George's Medical College, Lucknow in pursuance of the aforesaid letter, held an urgent meeting of the Head of Department and members of the Under Graduate Committee on 19th May, 1997 and after considering the representations of the guardians of the students of 1992 and 1993 batches of M.B.B.S. course, decided that the final examination can be only after completion of prescribed session of four and half years and no relaxation can be allowed in the total period of 4-1/2 years to the batch of 1993. It was also resolved that the tentative months of final examination of 1993 batch would be May and June, 1998. Petitioners' allegations is that unlike other Medical Colleges of the State of Uttar Pradesh L.L.R.M. Medical College, Meerut is going to hold the final examination in month of March, 1998 against the rules, regulations and directions of the Medical Council of India only to give advantage to some students of 1993 batch. It has been alleged that the action is mala fide, arbitrary and violative of Article 14 of the Constitution. It has also been said that the action of respondent No. 4 is in contravention of the direction given by Hon'ble Supreme Court in case of Ajay Kumar Agrawal and Ors. v. State of U.P. and Ors., reported in (1991) 1 SCC 636 : (1991) 1 UPLBEC 636 (SC). On the aforesaid pleading the relief has been sought for quashing the scheduled final professional 1993 students batch examination due to commence from 9th March, 1998 and it has also been prayed that a direction in the nature of mandamus commanding the opposite parties to hold the examination of 1993 M.B.B.S. students batch only after completion of the statutory prescribed period/duration of teaching and training of four and half years may be issued. A supplementary affidavit dated 6th March, 1998 was further filed placing some more facts and alongwith this the proposed scheme dated 4th Feb., 1998 for holding the final professional examination from 9th March, 1998 has also been filed.