Bombay High Court- Ravi Shinde, Nagpur and Ors. v.Medical Council of India, Dwarka, New Delhi and Anr.

The Petitioners after passing their 12th standard examination, were selected for MBBS course in the year 2005 in their respective colleges and all of them, thereafter, pursued the first MBBS course. They appeared for the examination conducted in or about 3rd July, 2006. All the Petitioners failed in the said regular examination. Thereafter, they took the next supplementary examination conducted in or about November, 2006 and passed the said examination. The grievance of the Petitioners was that Respondent 2-University ought to have allowed the Petitioners, after passing their first supplementary MBBS examination to join the regular batch or the main batch of the second MBBS course. According to the Petitioners, they should have been allowed to take the second MBBS professional examination along with the students of the regular batch who had passed their first MBBS professional examination. They filed Writ Petition under Regulation 7(7) of Regulations of Medical Council of India against the said refusal of university. Held, Respondent No. 1 Medical Council of India entrusted to ensure quality in medical education and also empowered to make regulations for the said purpose. As per Regulation of 1997 a student must undergo training for 18 months before taking second year medical examination. If student fails in Phase 1 examination he must sit for supplementary exam. By the time failed students cleared their supplementary examination, training of other students had already started. Thus, such students cannot insist on being allowed to take second examination with regular students. University has the liberty to hold supplementary exam any time within six months. Passing the supplementary examination would not relate back to the annual examination. By the time, a student passes the supplementary examination, Phase II training for second MBBS professional examination would have already begun. Such a student, therefore, cannot complete 18 months of mandatory training to be eligible to take second MBBS professional examination, which is held during 5th semester. He cannot join the main batch and take second MBBS professional examination with them. Lowering of eligibility norms would adversely affect Medical Education. As per 1997 Regulation requirement of passing 18 months training cannot be done away with. 1997 Regulations held to be mandatory. Petition dismissed.

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