RAVI SHINDE Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The case of the petitioners is that after passing their 12th standard examination, they were selected for MBBS course in the year 2005 in their respective colleges and all of them, thereafter, pursued the first MBBS course. They appeared for the examination conducted in or about 3/7/2006. All the petitioners failed in the said regular examination. Thereafter, they took the next supplementary examination conducted in or about November, 2006 and passed the said examination. The grievance of the petitioners is that respondent 2-University ought to have allowed the petitioners, after passing their first supplementary MBBS examination to join the regular batch or the main batch of the second MBBS course. According to the petitioners, they should have been allowed to take the second MBBS professional examination along with the students of the regular batch who had passed their first MBBS professional examination.

(2.) We have heard learned counsel appearing for the petitioners at great length. He has relied on Regulation 7(7) of the Regulations on Graduate Medical Education, 1997 of the Medical Council of India (for short, "the 1997 Regulations"). It reads thus:

(3.) Learned counsel for the petitioners contended that supplementary examination has to be conducted by the University within six months. Regulation 7(7) clearly states that students who pass in the supplementary examination can join the main batch. Only the failed students will have to appear in the subsequent year. He submitted that Regulation 7(7) is framed with the specific object of saving six months of a student failing in regular examination so that after passing in supplementary examination, he can be promoted to the second MBBS course along with the regular batch. If Regulation 7(7) is not so interpreted, the regular batch will enter post graduate course much earlier. Learned counsel submitted that students like the petitioners who are not allowed to join the regular batch of second MBBS course are treated as an odd batch. He submitted that it is, therefore, necessary to direct the respondents to allow the petitioners to join the second MBBS course along with the regular batch and to allow them take the second MBBS regular examination along with the regular batch. It is also contended that as per Regulation 7(7), supplementary examination is to be conducted within 6 months so that the students who pass can join the main batch. Hence, the examination must be conducted immediately and results also should be declared immediately. In this case, examination though was conducted within six months, it was conducted as late as in November/December, 2006 and results were declared somewhere in January, 2007, thus defeating the very object of this rule.