P JAYANIDHI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution is preferred by eight students of the Medical Colleges in the Telangana area to compel the respondents by Mandamus to permit them (Petitioners) to appear for the ensuing First M. B. B. S. examination to be held by the Osmania University (Second Respondent.) Peti-tioners 1 and 5 are students of Osmania Medical College, Petitioner 4 is it student of Kakatiya Medical College, Warangal and the other petitioners are students of Gandhi Medical College, Hyderabad. All of them joined their respective Medical Colleges in the year 1959. The entire course of studies they had to undergo was to last six years. This course is called the "Integrated Medical Course". The first year of this course is known us Pre-medical year and the students have to pass a University examination at the end of that year. All the petitioners passed that examination. Then they came in the second year of the Integrated Medical course. At the end of that year they had to write the terminal examination which is also called the "House Examination". The petitioners passed that examination also. At the end of the third year they have to write the First M.B.B.S. examination. None of the petitioners passed that examination though each or them appeared more than once for the examination, in the course of two years. The result of this, according to Rule 5 of the First M.B.B.S. Examination Rules of the second respondent-University, is that none of the petitioners can now continue his medical studies and has to leave the Medical College. This result is complained of by the petitioners as grossly unreasonable and unduly harsh. They also challenge the validity of the Rule by pointing out that the Academic Council which made that Rule had no right or authority to pass it. The first respondent in this writ petition is the Government of Andhra Pradesh represented by the Secretary, Health Department, Hyderabad. Respondents 3 to 5 are the principals of the Osmania Medical College, Gandhi Medical College and the Kakathiya Medical College, respectively. This writ petition is resisted mainly by the Osmania University represented by its Registrar (second respondent), The stand taken by the University Is that Rule 3 mentioned above is good and valid and cannot therefore be taken exception to by the petitioners. It is also stated on behalf of the University that the Rule is neither unreasonable nor harsh because it is designed to maintain a high standard of Medical education and to ensure that Medical degrees are conferred only on really deserving candidates. The 5th respondent who is the Principal of the Kakathtya Medical College, Warangal in his counter affidavit says that he is bound by Rule 5 which was made by the University. He also deals specially with the 4th petitioner who was a student of his college. It is not however necessary to go into the details of this individual case.

(2.) The first point that arises for consideration in this Writ Petition is whether Rule 5 of the First M. B. R. S. Examination Rules framed by the Osmania University is good and valid. That Rule is as follows:

(3.) Section 16(2)(m) of the Charter confers on the University council power to make, amend or repeal Statutes and Ordinances and to approve Regulations. Section 25 relates to the subject matter of Ordinances. Clause (c) of it authorises the making of Ordinances to provide for