MEENA SHARMA Vs. H.P.UNIVERSITY

JUDGEMENT

(1.) By this common judgment, we propose to dispose of the abovementioned two writ petitions, being Civil Writ Petition No." 1502/95, Dr. Meena Sharma v. H P. University and others and Civil Writ Petition No. 1754/95, Dr Meenakshi Thakur v. H. P. University and others, since common question is involved.

(2.) The two petitioners have done their M.B.B S from the Himachal Pradesh Medical College, Shimla, in the years 1981 and 1991, respectively. Both of them joined M.D. Gyane course in the session 1992 -95. They appeared in M. D. Gynaecology and Obstetrics examination held in August/September 1995 at Karala Nehru Hospital, Shimla. While the examination for four theory papers was held on 19th and 20th August, 1995, the oral and practical examination was conducted on 2nd September, 1995. The case of the petitioners is that though the regulations framed by the Medical Council of India provide that there shall be minimum number of four examiners, out of which atleast two (50%) shall be external examiners, who shall be invited from another recognised Universities and from outside the State, for the purpose of oral, clinical and practical test but only three examiners were appointed and out of whom only one was external examiner for the test held on 2nd September, 1995. Therefore, the oral, clinical and practical test held on 2nd September, 1995 having been held in contravention of the regulation of the Medical Council of India, stood vitiated. The result of petitioner Dr Meena Sharma has not been declared under the orders of this Court, while the petitioner Dr. Meenakshi Thakur has been declared "failed". The petitioners have further averred that they had represented against the illegal holding of the examination and declaration of the result by the respondents through representation dated 23rd September, 1995. The petitioners have, therefore, prayed for the issuance of an appropriate writ, order or direction for quashing and declaring the oral and practical examination in Gynaecology and Obstetrics held on 2nd September, 1995 as null and void and for directing the respondents to hold fresh oral and practical examination in respect of the petitioners, in accordance with the regulations of the Medical Council of India.

(3.) Respondents No 2 to 4 have filed their reply -affidavit. No reply has been filed by respondents No. 1 and 5 Respondents No 2 to 4 have admitted that the two petitioners took the examination, which was conducted in the month of August/September 1995 It was admitted that the oral, clinical and practical examination was conducted by a team of three examiners, out of which only one was external examiner While admitting that the regulations of the Medical Council of India are mandatory in nature, it is averred that such regulations could only be complied with subject to smooth sailing of the examination system without being adversely affected by outside elements, such as natural calamities totally disrupting the normal way of leading life. Conducting the examination is a sacrosanct duty of the teacher but if the reasons are beyond the control, it bad to be made good going with the circumstances available in hand Ft is further averred that there were exceptional considerations for holding examinations and had to be got conducted with one external examiner, rather than postponing such examination for indefinite period because there were no fair and bright chances of the unpleasants weather, which had blocked the telecommunication and other normal way of travelling. The external examiners nominated for the purpose, namely, Dr. Ashi Sarin of Medical College, Patiala, Dr. (Miss) Subodh Das of Safdarjung Hospital, Delhi and Dr. (Mrs) Tripat Palkaur of Lady Harding Medical College, New Delhi had informed and expressed their inability to conduct the oral, clinical and practical examination to be held on 2nd September, 1995. Though, Dr. Lakhbir Daliwal of PGI, Chandigarh had shown her willingness to conduct the oral, clinical and practical examination to be held on the aforesaid date, but unfortunately on 31st August, 1995, she developed prolapsed disc and information was received from her regarding her inability to act as external examiner. In other faculty from PGI, Chandigarh, was available to accept the assignment to previous commitment. Efforts were made to contact Medical College, Patiala but due to failure of telecommunication system, no alternative arrangement could be made even from the said Medical College Besides, due to untimely assassination o £ the Honble Chief Minister of Punjab Sardar Beant Singh on 31st August, 1995 at about 5.15 p.m, no Medical College teacher could come from Patiala In order to meet such unforseen considerations, it was thought right and appropriate to get the clinical, oral arid practical examination conducted on 2nd September, 1995, with one external examiner, instead of postponing such examination, without availing opportunity of only external examiner, who had come to Shimla insprte. of natural calamity, since there were bleak chances of the improvement in the situation, It has also been averred that conducting of the oral, clinical and practical, examination with one external examiner has not caused any disbalance for the petitioners, inasmuch as, the other similarly situated candidates had never raised their voices or pointed out these lapses as violation of the rules.