Heard The Arguments Of ... vs Union Of India And Others In Wp(C) ...
2023 Latest Caselaw 250 AP

   THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
                                 &
   THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO


 IA.No.1 OF 2022 IN WRIT PETITION NO.41395 OF 2022


ORDER (Per Hon'ble Sri Justice U.Durga Prasad Rao):

1. Heard the arguments of Sri.J.Sarath Chandra, learned

counsel for petitioner and Sri.A.Ravindra Babu, learned

counsel for respondent No.1, learned Government Pleader

for Medical Health FW (AP) for respondent No.2,

Sri.S.Vivek Chandra Sekhar, learned standing counsel for

respondent No.3 and Sri.G.Vijay Kumar, learned standing

counsel for respondent Nos.4 and 5.

2. While challenging the vires of regulation 7.7 of Graduate

and Medical Education (Amendment), 2019 issued by 3rd

respondent, learned counsel for petitioner argued that the

regulations came into operation with effect from

04.11.2019, whereas the petitioner was admitted into first

year Professional Course of MBBS in the 6th respondent

medical college on 29.07.2019 and thus the petitioner was

admitted long prior to the Amended Regulations came into

force. He would further submit that regulation 7.7,

stipulates that a candidate has to pass the first year

professional course within four attempts and the total

period of successful completion of first year professional

course shall not exceed four years. He would submit that

since regulation 7.7 operates only prospectively, the same

cannot be made applicable to petitioner as he took

admission prior to the amendment, when there was no

time limit for completion of first professional course except

a general time limit of 10 years for completion of MBBS

Course. However the respondent authorities are not

allowing him to appear for the first year MBBS Exams

scheduled to be held from 17.01.2023 to 27.01.2023 on

the ground that he already completed four attempts.

3. The learned counsel would submit that the petitioner

failed in Physiology subject in his earlier attempts and

hence he has to take up the said examination which is

scheduled on 21.01.2023 and 23.01.2023 (Part I and II).

He seeks interim direction to the respondents to permit

him to appear in the above examination.

4. In oppugnation learned counsel for respondents argued

that the petitioner has not been conferred with a vested

right to make umpteen number of attempts to clear his

first year examination and considering the importance of

medical course, the 3rd respondent has fixed duration for

completion of first professional course and introduced

regulation 7.7 and the petitioner shall abide by the said

regulation. Referring to the Judgment in Sachin and

Others Vs. Union of India and others in WP(C) 13180/2022

& CM Appeal.39902/2022, they would argue that the High

Court of Delhi, in similar circumstances, dismissed the

writ petition filed by the petitioners therein challenging the

regulation 7.7 holding that the petitioners therein had no

vested right to secure a medical degree and to pass the

first professional course by making several attempts. They

would submit that in the light of the above decision, WP is

liable to be dismissed in limini.

5. We heard the above respective submissions of learned

counsels and perused the Judgment in WP(C)

13180/2022 & CM Appeal.39902/2022.

6. In our considered view, whether any vested right is

accrued to the petitioner or not and whether the amended

regulations can be made applicable retrospectively are the

prime questions for consideration which can be resolved

after the respondents filed the regular counters and after

hearing both parties.

7. At this juncture, as the matter stands, we are of the

considered view that since the examinations for first year

MBBS Course are underway and as the learned counsel

for the respondents are seeking three weeks time for filing

counters, it is apposite to permit the petitioner to attend

the examination in Physiology subject to be held on

21.01.2023 and 23.01.2023 (Part I and II) with a direction

to the respondent authorities not to declare results until

further orders of this court, so as to decide the matter on

merits.

8. Accordingly, while posting the matter to 09.02.2023 for

filing counters, the respondents 4 to 6 are directed to

permit the petitioner to take Physiology exam (Part I and

II) on 21.01.2023 and 23.01.2023, but without declaring

the results until further orders of this court. This order is

confined to the petitioner only and it cannot be taken as

precedent by others at this stage.

____________________________ U. DURGA PRASAD RAO, J

____________________________ T. MALLIKARJUNA RAO, J

Dated: 19.01.2023 KGM / SAK

Note : CC by today B/o.KGM/SAK

THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO & THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO

IA.No.1 OF 2022 IN WRIT PETITION NO.41395 OF 2022

KGM/SAK