LAYA BINAYKUMAR PANDEY Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) ALL these petitions are being disposed of by a common order as the issue involved is the same. The petitioners are prosecuting their M. B. B. S. Course in colleges affiliated to the Maharashtra University of health Sciences (hereinafter referred to as University), having been admitted to a medical course. It is the case of the petitioners that they have passed their first and second M. B. B. S. examinations. They have also passed third M. B. B. S. (Part-I)examination. They appeared for third M. B. B. S. (Part II) examinations conducted by the University in December, 2005, the results of which were declared on 18-2-2006. In the result declared, some petitioners were declared to have failed in the subject "general Surgery" and some petitioners in the subject "general Medicine". The mark-sheets were displayed on the website of the university and the copies of the same were also provided to the students. It is the case of the petitioners that on perusal of the mark sheets, it would reveal that the petitioners had either failed in the practical paper of the subject "general. Surgery" and or "general Medicine" and as such had been declared to have failed in the said examination.

(2.) THE respondent No. 1 Medical Council of India is a statutory body established under the provisions of Indian Medical Council Act, 1956. The act is a central legislation enacted by Parliament. Under section 33 of the Act, the council is empowered to frame regulations in a manner provided, so as to achieve the object provided under the Act. The regulations framed by the medical Council of India under section 33 are thus made binding on all the universities and medical institutions imparting medical training and/or conferring degrees. The institutions which conduct medical courses must do so in confirmity with the regulations framed by the Medical Council of India. No medical institution or University, it is submitted, can ignore the mandatory regulations framed by the above statutory body and/or can frame its Rules which are contrary or inconsistent with the regulations framed by the Medical Council of India. The Medical Council of India under its regulations framed under section 33 has framed regulations, which impel and include the commencement and duration of the course and the method of assessment and standard of passing. In the instant case we are concerned with the regulation prescribed by the Council in relation to the method of assessment and standard of passing. The Medical council has framed regulations on graduate medical examination in the year 1997, in exercise of the powers conferred under section 33 of the Act. The regulations inter alia provide for the manner in which students are to be tested in the examinations, distribution of the marks in each paper and the minimum marks required for declaring the student as having passed in the subject and course, In terms of the regulations framed, the distribution of marks in the various disciplines is as under : <FRM>JUDGEMENT_438_MHLJ6_2006Html1.htm</FRM> Pass : In each of the subjects, a candidate must obtain 50% in aggregate with a minimum of 50% in Theory including orals and minimum of 50% in practicals. " we may also gainfully referred to Regulation 12 (2) which reads as under :

(3.) THE University in 2003 followed regulations 56 and 57 in declaring the results of the final examination. Several students aggrieved, filed Petitions before this Court i. e. Writ Petition No. 5725 of 2003 and other Writ Petitions. A learned division Bench of this Court, was pleased to dispose of the Writ Petitions by order dated 12th December, 2003. The learned Division Bench was pleased to observe as under :