Allahabad High Court
Sudhakar vs State Of U.P. And 5 Others on 13 October, 2025
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:182316
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27005 of 2025
Sudhakar
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Aishwarya Pratap Singh, Utkarsh
Counsel for Respondent(s)
:
Avneesh Tripathi, C.S.C.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Aishwarya Pratap Singh, learned counsel for petitioner and Sri Avneesh Tripathi, Sri Rohit Pandey, Sri Amit Rana, Sri Gopal Mishra and Sri Vivek Kumar Singh, Advocates for respondents.
2. Facts which are not under much dispute are that petitioner before this Court has passed his Intermediate Examination in the year 2000. After much pursuance finally he got enrolled in MBBS Course in the year 2009 with Respondent-4, Saraswathi Institute of Medical Science, Anwarpur, District Hapur.
3. Petitioner has able to pass his first three years of MBBS Course by 2016, i.e., in about seven years, probably on a ground that in between petitioner was made an accused for offence of murder and for some time he was behind jail also and presently he is facing trial.
4. So far as Fourth Year of MBBS Course is concerned, till date petitioner is not able to clear it, as presently he is failed in three subjects of theory and practical examination, which is also evident from the statement of marks annexed alongwith this writ petition.
5. From record it appears that petitioner has filed various litigation before National Minority Commission and National Commission for Scheduled Caste/ Scheduled Tribe, Government of India and some inquiry was also conducted. There is an allegation on behalf of petitioner that his copies were changed as he has raised certain complaints against Management of Medical College concerned.
6. Learned counsel for petitioner, on basis of instructions received from petitioner, who is present in Court, further submits that petitioner was beneficial of Scholarship and some amount of it is still deposited in his Bank Account which is seized by an order passed by District Social Welfare Officer concerned and a recovery process is also initiated against petitioner as he failed to deposit it with the College.
7. Learned counsel for petitioner submits that petitioner was occupying a room in hostel which was sealed and his belongings lying there is also seized though this fact is disputed by learned counsel appearing for Respondent-College that petitioner was never allotted any room in hostel and he stayed unauthorisedly and, therefore, his belongings were seized.
9. As referred above, petitioner was enrolled in MBBS Course in the year 2009, i.e., about 16 years ago and as per the notification dated 02nd June, 2023 by National Medical Commission, maximum period to pass MBBS Course is 9 years including extension, if any. Therefore, the petitioner has already crossed aforesaid limit of nine years.
10. It is also informed to this Court that earlier there was no maximum time limit though it is not disputed that even in such condition a student must pass MBBS Course within a reasonable period, which cannot be extended except in exceptional circumstances for 16 years.
11. Another dispute is, with regard to outstanding fees, since petitioner has already exceeded maximum time limit and even a reasonable period, therefore, he is now not eligible for any Scholarship whatsoever and for that Social Welfare Department is at liberty to recovery any amount if already deposited in petitioner?s Bank Account under the head of Scholarship and was not paid by the petitioner.
12. Now the Court proceed to consider, whether in given circumstances considering that petitioner has not able to pass his MBBS Course even in 16 years; he belongs to a marginal section of country; he has already passed three years of course and left to pass only three subjects; and he is pursuing legal remedy atleast for last 5 -6 years and remain in jail also, therefore, whether any relief could be granted to petitioner or not?
13. At this stage, the Court also takes note of a judgment passed by a Division Bench of this Court in Jitendra Singh vs. State of U.P. and others, 2024:AHC:6630-DB wherein the Court has not extended period to pass MBBS Course so far as petitioner therein was concerned beyond 10 years, however, there is some difference in the facts of present case and above referred case, since in the present case petitioner has passed first three years of MBBS Course within 6-7 years, therefore, at that stage he was within the time limit provided even by the latest notification dated 02nd June, 2023.
14. In aforesaid circumstances, by exercising extraordinary power under Article 226 of the Constitution and in the interest of justice, this writ petition is disposed of with following directions/ observations:
(I) Respondent-College will determine remaining fees of petitioner and communicate the same to petitioner within two weeks from today.
(II) Petitioner, without raising any dispute to amount of fees so determined by Respondent-College, will pay the same within a period six weeks from the date of communication of amount of fees and thereafter petitioner will be allowed to participate in the examination of three subjects, namely, Pediatric, Surgery and Medicine in Theory and Practical, both.
(III) In case petitioner has committed any default in depositing the remaining fees so determined by Respondent-College within aforesaid period, he would be barred for any examination.
(IV) Respondent-Chaudhary Charan Singh University, Meerut is directed to take all endeavour to conduct examination of three subjects of petitioner alongwith next examination so conducted, i.e., either by supplementary examination or main examination, as the case may be.
(V) The Management of Respondent-College will handover the belongings so taken from the room allegedly occupied by petitioner and for that petitioner has liberty to approach the Management within three weeks from today, preferably on 04th November, 2025, in the presence of Station House Officer of concerned Police Station.
15. This order is passed in peculiar facts and circumstances of present case and it will not be treated as a precedent.
16. Registrar (Compliance) to take steps.
(Saurabh Shyam Shamshery,J.)
October 13, 2025
AK
