Page No.# 1/9 vs The State Of Assam And 5 Ors
2024 Latest Caselaw 6424 Gua

Gauhati High Court

Page No.# 1/9 vs The State Of Assam And 5 Ors on 30 September, 2024

                                                                Page No.# 1/9

GAHC010035032024




                                                          2024:GAU-AS:9829

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : WP(C)/904/2024

         RASHIDUL ISLAM MANDAL
         SON OF IDRISH ALI MONDAL, RESIDENT OF VILLAGE- KATDANGA, PO-
         MOHURIR CHAR, PS- SOUTH SALMAR, DISTRICT- DHUBRI, ASSAM, PIN-
         783128

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY
         WELFARE DEPARTMENT TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-
         781006

         2:THE DIRECTOR OF MEDICAL EDUCATION
         ASSAM
          KHANAPARA
          GUWAHATI-22

         3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT
          GUWAHATI MEDICAL COLLEGE AND HOSPITAL
          BHANGAGARH
          GUWAHATI- 781032

         4:SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCES
          REPRESENTED BY ACADEMIC REGISTRAR
          2ND FLOOR
          GAUHATI MEDICAL COLLEGE BUILDING
          GAUHATI MEDICAL COLLEGE
          HILL TOP ROAD
          NARAKASUR HILLTOP
          BHANGAGARH
          GUWAHATI
         ASSAM- 781032

         5:THE ACADEMIC REGISTRAR
                                                                       Page No.# 2/9

             SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCES
             2ND FLOOR
             GAUHATI MEDICAL COLLEGE BUILDING
             GAUHATI MEDICAL COLLEGE
             HILL TOP ROAD
             NARAKASUR HILLTOP
             BHANGAGARH
             GUWAHATI
             ASSAM- 781032

            6:NATIONAL MEDICAL COMMISSION
             REPRESENTED BY ITS CHAIRMAN
             POCKET-14
             SECTOR-8
             DWARKA PHASE-1
             NEW DELHI- 110077
             UNDERGRADUATE MEDICAL EDUCATION BOARD
             NATIONAL MEDICAL COMMISSION
             POCKET-14
             SECTOR-8
             DWARKA PHASE-1
             NEW DELHI- 11007

Advocate for the Petitioner   : MR. S K DAS, MR D BARMAN,MR R KARIM

Advocate for the Respondent : SC, N M C, SC, SSUHS,SC, HEALTH




             Linked Case : WP(C)/955/2024

            TARIQ HUSSAIN
            S/O- LATE MIR HUSSAIN
            R/O- VILLAGE MILANPUR
             WARD NO-3
            P.O AND P.S- MORIGAON
            DIST- MORIGAON
            ASSAM
             PIN-782105


             VERSUS

            THE STATE OF ASSAM AND 5 ORS
            REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
                                                     Page No.# 3/9

HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-781006

2:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
 KHANAPARA
 GUWAHATI 22

3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT
GUWAHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GUWAHATI 781032

4:SRIMANTA SANKARDEVA UNIVERSITY
OF HEALTH SCIENCES

REPESENTED BY ACADEMIC REGISTRAR
2ND FLOOR
GAUHATI MEDICAL COLLEGE BUILDING
GAUHATI MEDICAL COLLEGE
HILL TOP ROAD
NARAKASUR HILLTOP BHANGAGAR
GUWAHATI
ASSAM 781032

5:ACADEMIC REGISTRAR
SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCES
2ND FLOOR
GAUHATI MEDICAL COLLEGE BUILDING
GAUHATI MEDICAL COLLEGE
HILL TOP ROAD
NARAKASUR HILLTOP BHANGAGAR
GUWAHATI
ASSAM 781032

6:NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS CHAIRMAN
POCKET 14
SECTOR 8
DWARKA PHASE I
NEW DELHI 110077
UNDERGRADUATE MEDICAL EDUCATION BOARD
NATIONAL MEDICAL COMMISSION
POCKET 14
SECTOR 8
DWARKA PHASE I
NEW DELHI 110077
                                                                             Page No.# 4/9

           ------------
           Advocate for the petitioners    : Mr. R. Karim.

           Advocate for the respondents    : Mr. B. Gogoi, for respondent Nos. 1-5;
                                             Mr. D.K. Baidya, for respondent No. 6.

           Date of hearing and judgment    : 30.09.2024



                                       BEFORE
                          HONOURABLE MR. JUSTICE ROBIN PHUKAN
                               JUDGMENT & ORDER (ORAL)

Heard Mr. R. Karim, learned counsel for the petitioners and Mr. B. Gogoi, learned Standing counsel for the respondent Nos. 1 to 5. Also heard Mr. D.K. Baidya, learned Standing counsel for the respondent No. 6.

2. As the issue involved in WP(C) No. 904/2024 and WP(C) No. 955/2024, are same and as the respondents in both the petitions are same, and as agreed by learned Advocates of both the parties, it is proposed to dispose of these two petitions by this common judgment and order.

3. In these two writ petitions, under Article 226 of the Constitution of India, the petitioners, namely, Rashidul Islam Mandal in WP(C) No. 904/2024 and Tariq Hussain in WP(C) No. 955/2024, have put challenge the correctness or otherwise of the notice dated 12.02.2024, issued by the respondent No. 3, the Principal-cum-Chief Superintendent, Gauhati Medical College and Hospital, Bhangagarh, Guwahati, debarring the petitioners from appearing in further MBBS Examination to be held on March, 2024.

4. The impugned notice dated 12.02.2024, is reproduced herein below for ready reference:

Page No.# 5/9

"GOVERNMENT OF ASSAM OFFICE OF THE PRINCIPAL:: GAUHATI MEDICAL COLLEGE GUWAHATI-32.

NOTICE 12/02/2024

As per the Medical Council of India, New Delhi Regulation on Graduate Medical Education, 2012 of Page No. 10 (Clause-7.8), A student shall not be allowed to graduate later than 9 years of joining first MBBS course.

As such, as per the discussion in the meeting with HODs of Medicine, Surgery, Obst. & Gyne and Paediatric, Gauhati Medical College, Guwahati held on 12/02/2024 the following students who could not completed their MBBS course within 9(nine) years from their date of joining in MBBS course at Gauhati Medical College are not allowed to appear in further MBBS Examination to be held on March, 2024.

            Sl. No       Name of Students          Date of Admission

              01      Rashidul Islam Mondal            29/07/2013

              02           Tariq Hussain               03/07/2014


                                            Prof. (Dr.) A. C. Baishya
                                                    Principal,
                                             Gauhati Medical College,
                                                    Guwahati-32.
                               Dated Guwahati, the 12th February, 2024
     Memo No. MC/889/2017/P1-1/242-249"

5. The background facts, leading to filing of the present petitions, are briefly stated as under:

"The petitioners in these two petitions are pursuing MBBS course in

the Gauhati Medical College and Hospital in the final year. The petitioner, namely, Rashidul Islam Mandal in WP(C) No. 904/2024, took admission on Page No.# 6/9

29.07.2013, bearing Roll No. GAU 13365 and the petitioner, namely, Tariq Hussain in WP(C) No. 955/2024, took admission on 03.07.2014, bearing Roll No. GAU 09487, but, they could not complete their MBBS course since then. Thereafter on 12.02.2024, the respondent No. 3 had issued the impugned notice and thereby, debarred them from appearing in further MBBS Examination, to be held in March, 2024. In the said notice, the respondent No. 3 had made reference to the Medical Council of India, New Delhi, Regulation on Graduate Medical Education, 2012 of page No. 10 (Clause 7.8) and as per the said Regulation, a student shall not be allowed to graduate later than 9 years of joining first MBBS course.

It is the pleaded case of the petitioners that there is no Medical Council of India, New Delhi, Regulation on Graduate Medical Education, 2012 and the same ought to have been the Medical Council of India Regulations on Graduate Medical Education, 1997, which was amended on 04.11.2019, and the said Regulation governs with respect to the batches of students admitted in MBBS course until the academic year 2018-19. Now, the said amended Regulation provides that a student shall not be allowed to graduate later than 9 years of joining his MBBS course, and since both the petitioners have failed to graduate after completion of 9 years, they are not entitled to appear in further examination to be held in March, 2024."

6. Being aggrieved, the petitioners have approached this Court by filing the present two petitions. It is to be noted her that both the petitioners were allowed to appear in the Examination held on March, 2024, vide interim order of this Court dated 21.02.2024.

7. Mr. Karim, learned counsel for the petitioners submits that the petitioners, Page No.# 7/9

Rashidul Islam Mandal took admission on 29.07.2013, and Tariq Hussain took admission on 03.07.2014 and though they could not graduate within 9 years from the date of their joining first MBBS course at Gauhati Medical College and Hospital, yet before coming into force of the Medical Council of India Regulations on Graduate Medical Education, 1997 and amendment thereto on 04.11.2019, there is no such rule which debars students from appearing in examination after completion of 9 years. Mr. Karim also submits that though in the impugned notice dated 12.02.2024, the respondent No. 3 had referred to the Medical Council of India, New Delhi Regulation on Graduate Medical Education, 2012, yet there is no such rule and at the relevant time, Medical Council of India Regulations on Graduate Medical Education, 1997 was holding the field, and in the said Regulation, there is no provision of debarring student, who could not complete MBBS course within 9 years of taking admission and as such, the impugned notice dated 12.02.2024, debarring the petitioners from appearing in further MBBS Examination to be held in March, 2024, is arbitrary and illegal and as such, liable to be set aside and quashed and therefore, Mr. Karim has contended to allow the petitions. Mr. Karim has also referred to some decisions of a Co-ordinate Bench of this Court in WP(C) No. 2447/2024 (Anupam Borah vs. State of Assam and Ors.) and WP(C) No. 849/2024 (Talukdar Hussain Md Arshad vs. State of Assam and Ors.), wherein the petitioners were permitted to appear in the MBBS Examination.

8. Per contra, Mr. Baidya, learned Standing counsel for the respondent No. 6, fairly submits that the new Regulation came into force w.e.f. academic year 2018-19, but, prior to that, there was no such Regulation prescribing time limit for completion of MBBS course and that the petitioners were governed by the earlier Regulation of 1997, where there is no provision for debarring students, in Page No.# 8/9

appearing MBBS examination, who could not complete the course within 9 years.

9. On the other hand, Mr. Gogoi, learned Standing counsel for the respondent Nos. 1 to 5 submits that the stand of the said respondents is same with the stand taken by the respondent No. 6. He fairly submits that there is no upper cap of 10 years for completion of MBBS course in the Regulation of 1997, and that before the amendment of the Regulation, 2018-19, though there was some amendment, the same was not notified in the Gazette and consequently, has no legal force.

10. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the impugned notice, dated 12.02.2024 and the relevant Regulation i.e. the Medical Council of India Regulations on Graduate Medical Education, 1997.

11. Admittedly, there is no Regulation on graduate medical education of the year 2012, though reference to the said regulation was made in the impugned notice dated 12.02.2024. Admittedly, also the petitioners are governed by the Regulation of 1997, where no upper cap of 9 years was prescribed. That being so, the impugned notice dated 12.02.2024, debarring the petitioners from appearing in further MBBS Examination, to be held in March, 2024, is arbitrary and illegal being issued in contravention to the Medical Council of India Regulations on Graduate Medical Education, 1997, which was prescribed in the Regulation amended on 04.11.2019. The petitioners took admission in the year 2013 and 2014, respectively. That being so, by no stretch of imagination, the amended Regulation, 2018-19 can be applied in case of the petitioners.

Page No.# 9/9

12. Accordingly, this Court is inclined to allow these petitions. The impugned notice dated 12.02.2024, stands set aside and quashed. The respondent No. 3 is directed to allow the petitioners to appear in the further MBBS Examination, scheduled to be held in March, 2024 and thereafter.

13. In terms of above, the writ petitions stand disposed of.

JUDGE

Comparing Assistant