DR. SHELLY JETLY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DR . Shelly Jetly -petitioner has prayed for a direction to respondent Nos. 2 and 3 to allow her to appear in the remaining papers of M.D. examination which had commenced from 6.6.2000 and to hold a special examination for the paper of "Applied Pathology including Pathophysiology" which they had prevented her to part take illegally and arbitrarily.

(2.) THE petitioner, who was working as P.C.M.S. Doctor with Punjab Government was granted admission in the discipline of speciality of Pathology to the three years Post -Graduate Degree Course for the academic session 1997 -2000 in Government Medical College, Patiala on 1.7.1997. It was a residency course at Stale expense. She was eligible to appear in the examination after complying training period of three years under the Regulations of Punjabi University, Patiala as per resolution under Hem No. 6 of the Academic Council of Baba Farid University of Health Sciences. Earlier, Government Medical College, Patiala was affiliated with Punjabi University and with effect from 1.7.1999, it came to be affiliated with Baba Farid University of Health Sciences under the provisions of Baba Farid University of Health Sciences Act, 1998. The petitioner had submitted thesis on 4.12.1999. She was eligible to appear in the examination which was scheduled to be held on 6.6.2000. She was informed by respondent No. 3 to collect her roll number card from the college on 6.6.2000 before the start of the examination of the first paper, but when she went to the college to take the examination, she was not permitted to do so.

(3.) IN response to the notice of this Court, respondent Nos. 2 and 2 have filed their separate written statements. It was pleaded by respondent No. 2 that petitioner who had joined three years course in M.D. (Pathology) on 1.7.1997 under three years residency system had proceeded on maternity leave from 31.8.1998 to 26.2.1999 for a total period of 180 days and for that reason she was short of study period as prescribed by the Medical Council of India. The action of the university in not allowing the petitioner to sit in the examination on 6.6.2000 was justified. Respondent No. 3 also supported the stand of respondent No. 2. At the same time, it was averred that as she has failed to complete the course within the prescribed period, she had to be reverted to P.C.M.S. cadre and will have to complete the course by taking leave for examination purpose at her own expense in terms of notification dated 7.9.1999 issued by the Director, Health and Family Welfare, Punjab, copy of which is Annexure -R.2/3. It was further stated that the recommendations of the Medical Council of India do not permit any exemption from this period of training of three years. Explaining the position with regard to the permission granted to other students stated in the writ petition, it was stated that in their case there had been shortage of study of two or three months during the entire period of their training in comparison to the case of the petitioner.