ANKARAO Vs. PRINCIPAL GUNTUR MEDICAL COLLEGE

JUDGEMENT

(1.) The question is whether the action of the Principal in prohibiting the petitioner from taking the October, 1965 examinationis in accord with the true interpretation of Regulation 3 of the Regulations and Syllabuses relating to "the Degree of Bachelor of Medicine and Surgery (M.B.B.S.) of the Andhra 'University published in 1964. Regulation 3 is as follows:-

(2.) In order to determine whether the petitioner's case falls within the ambit of this Regulation, it may be stated that he was admitted to the Medical College from out of the II list, the scheduled castes, on 25 -10-1963. He fell seriously ill with typhoid in December, 1963 and therefore could not take his examination in May, 1964 as he could not get the requisite attendance To begin with, his got late admission and with this serious illness, which is not denied, technically he could not take the examination. In Septembec 1964, he sat for his Part 1 examination and passed in two subjects, viz., Physics and Chemistry, but failed in English and Biology. In April, 1965, he passed in English but failed in Biology. For the October, 1965, examination, he was refused admission.

(3.) Mr. Krishana Rao's contention is that on a proper interpretation of the Regulation "next two University examinations" within which he has to pass are the next two from the examination in which he has failed. The petitioner having failed in September, 1964 examination, the next two examinations Would be April and October 1965 examinations so that he should have been permitted to take the examination in October, 1965. His second contention is that on a reading of the second limb of the Regulation, since he has been admitted on 25-10-1963t the completion of two years from the date of his admission to the Medical Course would be on the 25th of October, 1965 so that he should have been permitted to appear for the examination in October, 1965. It is unnecessary to consider the second point because there may be some difficulty in accepting the contention in as much as the interpretation which is urged by the learned Advocate for the University, Mr. Ramanujulu Naidu, is that the two years refered to therein are academic years as indicated in Regulation 1 (v) of the Regulations were academic years has been defined to consist of two termi, one from 1st June to 15th October, and the other from 16th November to 31st March.