Y. RAGHU NANDINI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard.

(2.) This writ petition is filed questioning the proceedings of the respondent No.5 in Roc.No.SVIMS/CE/27/DM&MCHE/2007 dtd. 13/7/2022 rejecting the application of the petitioner for appearing in the DM University Examinations-2022 scheduled to be held from 18/8/2022.

(3.) The petitioner was given Admission Order by the respondent No.4 in Roc.No.AS/02/DM MCh Corres/SVIMS/2017 dtd. 5/9/2019 in DM Neurology course for the academic year 2019-20. The DM Neurology course is a PG Super Speciality course and the duration of the said course is for a period of three years and the petitioner is required to follow the admission and training guidelines as mentioned in the Residents" Manual and prospectus. Accordingly, she joined the course on 9/9/2019. While so, she availed maternity leave in the first year in three spells i.e., from 16/3/2020 to 15/10/2020 (214 days) and availed medical leave from 28/10/2020 to 22/11/2020 (26 days) in total for 240 days. The said period of 26 days leave was sanctioned on loss of pay. Thus her 2nd term (first year) was extended by 203 days from 10/10/2020 to complete the same by 6/5/2021. Then she was promoted to 2nd year (3rd term) on 7/5/2021 as she has to put up minimum 80% of attendance in each academic term of six months to become eligible for appearing in the examinations as per the MCI Norms in Clause 13(2) of the MCI PG Medical Regulation 2000. While granting the leave on loss of pay for the petitioner, the above said details were furnished to the petitioner vide proceedings of the respondent No.4 dtd. 22/12/2020 which was not assailed by the petitioner at any point of time. Later the respondent No.5 issued circular in ROC No.SVMS/CE/27/DM and MChE/2007 dtd. 14/6/2022 fixing the schedule of DM/MCh University theory examinations 2022, to be held from 18/8/2022 to 24/8/2022 as detailed below in the table. <FRM>JUDGEMENT_44_LAWS(APH)8_2022_1.html</FRM>