SUSHMA CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petitioners are students of Dr. S. N. Medical College, Jodhpur and are studying at Jodhpur. They have joined the M.B.B.S. Course on 8-10-1998. While they took up their Ist Year M.B.B.S. examination, they obtained supplementary. Their result of Ist Year M.B.B.S. was declared on 4-5-2000. Supplementary examinations were held from 19th July to 8th August, 2000 and their result of supplementary examination was declared on 15-11-2000. All the petitioners were declared successful.

(2.) The case of the petitioners is that the respondents are denying them opportunity of sitting in the IInd M.B.B.S. because the petitioners have passed the supplementary examinations late. The case of the petitioners is that the stand of the respondents is incorrect. Regulation 7(7) of the Regulations on Graduate Medical Examination, 1997 (referred to hereinafter as 'the Regulations') clearly states that the supplementary examination may be conducted within 6 months. Regulation 7(7) of the Regulations reads as under:-

(3.) The purport of the above-quoted Regulation 7 is clear and unambiguous that the supplementary examination may be conducted within 6 months of the last result. Such result having been declared and purpose for conducting such examination within six months is to permit the students who pass to join the main batch. Those students who have failed in the supplementary examinations will have to appear in the subsequent year. The case of the petitioners is that in terms of Regulation 7(7) of the Regulations the supplementary examinations were conducted within 6 months i.e. in July and August, 2000 after the result of the main examination was declared in the month of May, 2000. The result of the supplementary examinations has been declared on 15-11-2000. This declaration of the result cannot be considered to be of any consequence because it is not the declaration of the result which is of any consequence in terms of Regulation 7(7) of the Regulations. Regulation 7(7) of the Regulations provides that the supplementary examination may be conducted within 6 months. Such conducting of the examination within 6 months is with a view to permit such students to keep the term. Such examinations having been held within two months of the declaration of the result of the main batch should be treated to be an examination under Regulation 7(7) of the Regulations and, therefore, the petitioners should be permitted to appear in IInd M.B.B.S. with the main batch. The respondents are denying the opportunity to the petitioners to appear with the main batch illegally and such cannot be permitted to happen.