PRAMOD NAMDEORAO NAWARKHEDE Vs. NAGPUR UNIVERSITY AND OTHERS

JUDGEMENT

(1.) THE short question which arises for consideration in this writ petition is about the interpretation of Rule 18 of Ordinance No. 55 issued by the Nagpur University i.e. the respondent No. 1 regarding the examinations to the M. B. B. S. Degree Course.

(2.) THE facts are that the petitioner was admitted to the First year of the M.B.B.S. Course in the Medical College at Nagpur i.e. the respondent No. 2 in the academic session 1986 -87. He did not appear for the Winter 1987 Examination which was due after he was admitted to the said Course because, according to him he was sick at that time. The next examination was in 1988 in which he appeared but passed in the subject of Anatomy only. In Winter 1988 Examination, he tailed. Similarly, he also failed in Summer 1989 and Winter 1989 Examinations. As regards the examination to be held in Summer 1990, the petitioner was not allowed to appear for the said examination by the respondent No. I on the ground that he had already availed of 5 chances for appearing at the First M.B.B.S. Examination and he was not therefore entitled to take the 6th chance to appear for the said examination except when he was ill and was taking treatment in the College Hospital regarding which he had not produced a certificate from the Dean/Principal of the College to the effect that he was under the treatment of a physician or Surgeon in the College Hospital and as such was not in a position to present himself for the examination. It is the case of the petitioner that during the time between 2nd November 1987 to 10th December 1987 he was suffering from recurrent and acute exacerbation of duodenal ulcer with hepatitis and had undergone treatment in Vitthal Sushrusha Kendra. Buldana because of which he could not appear for the Winter 1987 Examination. He has submitted the certificate in that regard dated 11th December 1987 from the doctor concerned of the said hospital which is certified by the Civil Surgeon, Buldana. The Nagpur University, however, did not accept the said certificate and disallowed him to appear for the Summer 1990 examination. Feeling aggrieved, the petitioner has preferred the instant writ petition in this Court.

(3.) AS regards the construction of rule 18 of Ordinance No. 55 of the Nagpur University, there is much substance in the submission made on behalf of the petitioner that if the said rule is read literally, it would become harsh and onerous as a result of which it may be liable to be struck down under Article 14 of the Constitution. It may be seen that the candidates taking education to the Medical Colleges may not be from the same place where the college is situated in which event, if they fall seriously ill at the places of their residence or at place other than where the Medical College is situated, it would not be possible for them to take medical treatment in the same College Hospital. In that event, it would also not be possible for them to produce the certificate from the Dean/Principal of the Medical College as required by the said rule 18 of Ordinance No. 55 of the Nagpur University. In some cases, the illness may be such which has to be treated by Specialist not available in the College Hospital in which case also, the strict construction of rule 18 would become onerous.