PANKAJ KASHYAP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in the present appeal is to an order passed by the learned Single Judge of this Court on 10.12.2012 relying upon an earlier order passed in CWP No.20400 of 2012 decided on 08.11.2012. The Letters Patent Appeal against the order dated 08.11.2012 stands dismissed on 16.11.2012 relying on Full Bench judgment of this Court in Prabhoor Singh Hayer and others vs. Baba Farid University of Health Sciences and others, 2010 AIR (Punjab) 1.

(2.) LEARNED counsel for the appellants has argued that a prospectus (Annexure P-1) and the guidelines of Medical Council of India (Annexure P-4) contemplate that the supplementary examination should be held within six months but the same was conducted within 40 days of the declaration. The result was declared on 23.08.2012, whereas the examinations were conducted from 03.10.2012 to 22.10.2012. Therefore, the appellants were not given sufficient time to prepare themselves for the examinations. Reliance is also placed upon Schedule of Examination (Annexure P-3) which contemplates that the last date for submission of examination form is 31st October with late fee of Rs.1500.00. Therefore, the examinations were held too early which has deprived the appellants to appear in the examination after sufficient preparation.

(3.) THE supplementary examinations have been conducted within six months of the declaration of result, as mandated in the prospectus and the regulations of the Medical Council of India. The appellants have appeared in the examination and having remained unsuccessful have sought to challenge the examination process. Not only the appellants are estopped to challenge the examination process, we find that the conduct of supplementary examinations is in tune with the conditions in the prospectus and the regulations of the Medical Council of India.