Allahabad High Court
Shivam Kumar And 5 Others vs State Of U.P. And 4 Others on 16 December, 2022
Bench: Siddhartha Varma, Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 34209 of 2022
Petitioner :- Shivam Kumar And 5 Others
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Arvind Srivastava Iii,Anish Kumar Sinha
Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Siddhartha Varma,J.
Hon'ble Ajit Singh,J.
The petitioners, who are six in number, had appeared in the second professional examination of the MBBS where they were declared fail. This examination was held in the month of September 2021 for the Batch of 2017-18. Thereafter when the first part of the third professional examination was to take place in February 2022, the petitioners applied for appearing in that examination and also for appearing in the supplementary examination of second professional examination. The University by a letter dated 9.3.2022 considering the career of the petitioners etc. had allowed them to appear in the supplementary examination of second professional examination and also had allowed them to appear in the first part of third professional examination without the result of the second year examination being declared, on the condition that the result of the first part of third professional examination would be dependent upon the results of the supplementary examination of the second professional examination. Unfortunately, the petitioners failed in the second year supplementary examination. They, therefore, again appeared in the second supplementary examination for the second professional examination in the month of October 2022. The petitioners, through this writ petition, prayed for a writ of mandamus commanding the respondent-University to declare the result of the third professional part one examination and thereafter to permit them to appear in the part two of the third professional examination.
Learned counsel for the petitioners has relied upon a judgment of this Court in Writ-C No.17686 of 2022 dated 21.7.2022 and prayed that the results of part one of third professional examination be declared as now the petitioners had passed the second supplementary examination of the second professional examination.
Sri Rohit Pandey, learned counsel appearing for the respondent-University, however, has submitted that had the petitioners passed in the supplementary examination of second professional examination then they ofcourse had a case for getting their results of first part of the third professional examination declared as had been committed by the University in its letter dated 9.3.2022. Learned counsel further submits that now after the petitioners had passed the supplementary examination of second professional examination which was held in the month of October 2022, that liberty cannot be granted. He, however, submits that if the petitioners have studied for the relevant number of days for the first part of third professional examination, then they may now appear in the first part of third professional examination which was to be held in the month of February 2023.
Sri Avnish Mishra, learned counsel appearing for the National Medical Commission has submitted that all these examinations are held as per the "Regulations on Graduate Medical Education, 1997" (henceforth call the "Regulations") of the Medical Council of India which have been amended upto May 2018. He relies upon Regulation 7 of the Regulations i.e. 'Training Period and Time Distribution' and submits that as the petitioners had not passed the supplementary examination of the second professional examination held in February 2022 then they definitely could not be given any liberty to get the results of the first part of third professional examination declared.
Having heard learned counsel for the petitioners; learned counsel for the respondent-University and the learned counsel for the National Medical Commission, the Court is of the view that had the petitioners passed the supplementary examination of second professional examination held in the month of February 2022 then ofcourse they had to get their results of first part of third professional examination declared as per the letter dated 9.3.2022 of the University but now since the petitioners had passed the supplementary examination of the second professional examination held in the month of October 2022, the petitioners have no right to get their results of first part of third professional examination declared.
Under such circumstances, no interference is warranted.
The writ petition is, accordingly, dismissed. However, if the petitioners are eligible, they may be permitted to appear in the part one of the third professional examination afresh as per the 1997 Regulations.
Order Date :- 16.12.2022
GS
(Ajit Singh, J.) (Siddhartha Varma, J.)
