S NITIN Vs. STATE

JUDGEMENT

(1.) In these three writ petitions common question which arises for consideration is whether the period spent by the petitioners in the Diploma Course can be counted towards the Degree course MD/MS in the same subject.

(2.) In W.P. No. 1522/2002 petitioner No. 1 is student of MD, Pathology and petitioner No. 2 is student of MD, Paediatrics; the petitioners after completing the MBBS course appeared in Pre Medical and Dental Post Graduate Entrance Examination, 1999 conducted by Board of Professional Examination, M.P., Bhopal and were allotted as per their merit the Post Graduate Diploma course in Pathology and Diploma in Child Health respectively in Gandhi Medical College, Bhopal in June, 1999. Petitioners submit that as per Medical Council of India and as per Rule 10 (3) of M.P. Medical and Dental Post Graduation Examination Rules, 1997, a student or candidate may be permitted to change the seat subject to the availability of the vacancy. Rules framed by the Medical Council of India and State of M.P. and Professional Examination Board provides for change and allotment of seat from PG Diploma Course to PG Degree Course in a case a seat is available. Petitioners applied for change of seat of PG Diploma to PG Degree course in the same subject and they were allotted the seats of PG Degree Course in the same Medical College. PG Diploma course is of two years while PG Degree course is of three years, the studies of 1st year of both the courses are one and the, same; considering the similarity if a candidate is admitted to the PG Course and has done Housemanship/training is entitled to exemption up to maximum period of one year in the duration of training for the PG Degree Course. Medical Council of India has issued a circular (P-2) to count period spent in, diploma towards degree course if the change over to the Degree course is in the 1st Academic year of the degree course. Petitioners claim exemption of one year in duration of respective PG Degree course. They submitted an application. Though petitioner No. 2 was given exemption but the exemption of one year has been cancelled as per order (P-4), passed on 7-2-2001 giving reference of the directions of Medical Council of India. Petitioners submit that they have to waste valuable one year though they have completed one year of the same training. Other students have been granted exemption as mentioned in P-6, namely, Bhawna Tiwari, Jitendra Sengar, Vaishali Govila, Sanjeev Anand, Sameer Harshe and Vishal Agarwal. All have been granted exemption for one year and the said period of one year is of diploma is counted towards the PG Degree course. Petitioners submit that action is arbitrary, impermissible; as per rules, they are entitled for such an exemption.

(3.) In the return filed by respondents, it is contended that claim is contrary to the statutory regulations framed by Medical Council of India; the admission was made in the year 1999 in diploma course; on 12-10-2001 they were granted admission in M.D., Pathology and M.D. Paediatric; exemption can not be given from undergoing 1st year of degree course; MCI has refused to grant such an exemption. The guidelines (R-2) issued by Medical Council of India prohibits such a recourse. The clarification was sought from the MCI in the light of circulars (R-l) and (P-2); in view of the reply filed in contempt petition 361/2001, the MCI has clarified as per letter (R-3). In view of the clarification (R-3), it is not possible to give one year exemption; there is no arbitrariness or malafide or illegality in the order/action; there is no discrimination as respondents have acted as per rules and guidelines of MCI.