RISHAW KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This case is taken up through video conferencing.

(2.) The present writ petition has been filed for quashing the letter as contained in Memo no.NC/CE/KU/977/20 dtd. 4/7/2020 (Annexure-13 to the writ petition) issued under the signature of the Controller of Examination, Kolhan University, Chaibasa-respondent no.5, whereby the petitioner has been informed that his result has already been published on 31/3/2020. Further prayer has been made for issuance of direction upon the respondent no.5 to declare the result of the petitioner for MBBS 3rd Professional Part-II (I) Annual Examination, 2020 (hereinafter to be referred as 'the Annual Examination, 2020'), as the same has been withheld despite the fact that the petitioner has successfully cleared all papers of the said examination. The petitioner has also prayed for direction upon the respondents to issue his mark sheet for the Annual Examination, 2020 declaring him pass and to further allow him for internship with academic session 2014 to 2019.

(3.) The factual matrix of the case as stated in the writ petition is that the petitioner is a student of MBBS (Bachelor of Medicine & Bachelor of Surgery) at MGM Medical College, Jamshedpur in academic session 2014-2019. He has already passed 1st professional examination, 2nd professional examination and 3rd professional examination Part-I of MBBS. The petitioner appeared in all four subjects i.e. Surgery, Medicine, Paediatrics and Obstetrics & Gynaecology of MBBS 3rd Professional Part-II (I) Annual Examination-2019 (hereinafter to be referred as 'the Annual Examination, 2019'), but he cleared only one subject i.e. Surgery in the said examination and was declared fail in other three subjects. Thereafter, he appeared in MBBS 3rd Professional Part-II (II) Supplementary Examination, 2019 (hereinafter to be referred as 'the Supplementary Examination, 2019') for the subjects Medicine, Paediatrics and Obstetrics & Gynaecology, wherein he cleared only two subjects i.e. Medicine and Paediatrics and failed in one subject Obstetrics & Gynaecology. Thereafter, the petitioner filled up the form of Annual Examination, 2020 for clearing his Part-I and Part-II of the subject Obstetrics & Gynaecology. The competent authority issued the admit card for the said purpose and accordingly the petitioner appeared in the said examination. At the time of declaring the result though the petitioner was shown pass in the subject Obstetrics & Gynaecology, he was declared fail in other papers showing his marks zero in theory papers ignoring the fact that those papers were already cleared by him in Annual Examination, 2019 and Supplementary Examination, 2019. The petitioner made representation before the respondent no.5 on 1/4/2020 through the Principal, Mahatma Gandhi Memorial Medical College, Jamshedpur- respondent no.7 for publishing his result. Pursuant to the said representation, the tabulator of the concerned college wrote letter under Ref. No.MC/410/2020 dtd. 21/5/2020 to the respondent no.5, stating therein that as per MCI Regulation and the relevant records, the students, who are declared fail in an examination but secure pass mark in any subject, are exempted from re-examination in that subject. Hence, the petitioner was required to appear only in Obstetrics & Gynaecology subject in which he obtained pass marks and as such a request was made for publication of the result of the petitioner. However, nothing was done by the respondent no.5 on the representation of the petitioner and the letter dtd. 21/5/2020 issued by the Tabulator of M.G.M. Medical College, Jamshedpur. The petitioner, thereafter, moved this Court by filing a writ petition being W.P.(C) No.1485 of 2020, which was disposed of vide order dtd. 24/6/2020 without entering into the merit of the case, directing the respondent no.5 to take informed decision in this regard.