M DIVYA Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) This writ petition is instituted seeking a writ of mandamus declaring the action of respondents 3 and 4 in preventing the petitioner from applying for the final Post Graduate Degree Examinations in M.D. (General Medicine) Course to be conducted in April 2013 by the 2nd respondent-Dr. N.T.R. University of Health Sciences, Vijayawada (henceforth referred to as 'the 2nd respondent University'), as illegal and to direct respondents 1 and 2 to ensure that the petitioner is not subjected to any victimization at the hands of respondents 3 and 4. The petitioner was prosecuting the Post Graduate Degree Course of M.D. (General Medicine) with the 4th respondent-M.N.R. Medical College (for short 'the 4th respondent college'). On 07-02-2013, the 2nd respondent University has taken out a Notification giving out the schedule of examinations for various Post Graduate Medical Courses slated for the month of April, 2013. Such of those candidates, who have secured admission during the academic year 2010-11, are eligible to take the examinations upon completion of 36 months of study period, which includes the period of examinations. Soon after this Notification appeared, the writ petitioner, who secured admission during the academic session 2010-11, sought for and obtained necessary study completion certificate from the Head of the Department of Medicine of the 4th respondent College on 18-02-2013. Since the petitioner has also submitted her Thesis, the Thesis submission certificate was also issued by the Professor & Head of the Department of the 4th respondent College. The petitioner was also accorded the attendance certificate by the Medical Superintendent of the 4th respondent College showing her attendance as 95% for each of the three years of her study. But however, when the petitioner offered to pay up the examination fee of Rs. 4,300/- in dash together with the application form, only the application form was accepted, but not the examination fee and receipt of the examination fee was postponed by the 4th respondent College on one plea or the other. In those circumstances, the petitioner has taken a demand draft on 18-02-2013 in favour of the 2nd respondent University towards examination fee and enclosed the same to the application form. When the paternal uncle of the writ petitioner approached the 4th respondent College authority to find out whether the application form of the petitioner has been forwarded to the 2nd respondent University or not, he was, ultimately, made to see the Director of the College, who made an issue out of the cases filed by the writ petitioner earlier against the Management. Ultimately, without, in any manner, communicating anything in writing about the right of the petitioner to appear for the examinations, and after the time for submission of the application form expired on 26-02-2013, the application form submitted by the petitioner together with the demand draft taken towards examination fee, was returned to her. All this action, according to the petitioner, has been initiated because the writ petitioner could secure admission through the intervention of this Court and consequently, the Management could not realize their illegal demands. Ultimately, the petitioner submitted her application form for the examinations. Now, the 2nd respondent University is not declaring her result. Hence, this writ petition.

(2.) Heard Sri P. Sri Raghuram, learned senior counsel for the petitioner and Sri C.V. Mohan Reddy, learned senior counsel, appearing for the Management of the 4th respondent College and Sri A. Prabhakar Rao for the 2nd respondent University.

(3.) The 4th respondent College was sanctioned four seats in M.D. (General Medicine) Course. Two of them are to be filled in by the Convener of P.G. Admissions, while the remaining two are left to be filled in by the Management. However, the petitioner was not given the application form by the Management for applying for admission against one of the two seats available for the Management Quota. At that stage, the writ petitioner filed W.P. No. 11257 of 2010 in this Court. Justice Vilas V. Afzulpurkar, entertaining the said writ petition during the summer recess of the High Court, passed the following order on 12-05-2010 therein: