TUSHAR RANJAN MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The question which needs determination is as to whether there can be relaxation in the period of training prescribed by the Indian Medical Council for prosecuting Post Graduate Medical Education in medical colleges. This question has a far reaching consequence inasmuch as the Society cannot afford to have doctors who have not completed the entire curriculum/training. For appreciating the issue, short facts are necessary.

(2.) In the year 1998-99, the petitioner, a doctor being duly selected according to the marks secured in the selection process got himself admitted in P.G. Course of Obstetrics and Gynaecology in S.C.B. Medical College and Hospital, Cuttack. Similarly, Dr. Anapurna Jena, who is not a party in this case, in accordance with her position in the selection, was selected and took admission in P.G. course of General Surgery. In course of prosecuting the course, both, the petitioner and Dr. Jena applied for change of their departments/faculties. As the application was not considered by the authorities, Dr. Jena filed OJC No. 4015 of 1999 before this Court. On 16-7-99, the said writ application was disposed of with a direction to the authorities to permit the petitioner and Dr. Jena to change their respective subjects in consonance with their application dated 17-2-99. In consonance with the said direction, on 17-9-99 the petitioner was permitted to take admission in the Department of Surgery and similarly, Dr. A. Jena, the petitioner in OJC No. 4015 of 1999, was permitted to take admission in the Department of Obstetrics and Gynaecology. On 27-2-2001, the Principal of S.C.B. Medical College, Cuttack intimated both, the petitioner and Dr. A. Jena that they will be eligible to appear P.G. Examination in May, 2002 only a after completion of 80% of attendance in Post Graduate course. The said order dated 27-2-2001 (Annexure 3) is impugned before this Court.

(3.) On receiving the Rule, a counter-affidavit has been filed on behalf of the opp. parties, taking a stand that the petitioner was admitted in General Surgery discipline only on 17-9-99 and according to the Regulation of the Medical Council of India, 1993, he is required to complete three Calendar years training and only after which he would be eligible to appear in the examination. It is further submitted that in consonance with the M.C. I. Regulation (item No. V) all candidates joining the Post graduate training programme must work as full time Resident during the whole period of their Post Graduate training and they are mandatorily required to attend 80% of the training period to make them qualified to appear at the Examination. It is stated that total days of three calendar years comes to 365 x 3=1095 days out of which 80% comes to 876 days. Thus, a student who is prosecuting Post Graduate course in medical science, mandatorily required to undergo training programme for 876 days. On calculation it is stated in the counter that the petitioner will complete the training only in April, 2002 and he would be eligible to appear the P.G. Examination in 2002 May Session.