Rajasthan High Court - Jaipur
Mukesh Kumar Meena vs R U H S And Anr on 21 June, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 8879 / 2017
Mukesh Kumar Meena S/o Shri Ram Sahay Meena, Aged About 35
Years, Resident of Sirsoli, Tehsil Bamanwas, Distt. Sawaimadhopur
(Raj.).
----Petitioner
Versus
1. Rajasthan University of Health Sciences, Jaipur Through Its
Registrar, Sector 18, Kumbha Marg, Pratap Nagar, Jaipur-302003.
2. Principal & Controller, S.M.S. Medical College, Jaipur.
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Lokesh Sharma For Respondent(s) : Mr. M.A. Khan for RUHS _____________________________________________________ HON'BLE MR. JUSTICE VIJAY KUMAR VYAS (V.J.) Judgment / Order 21/06/2017 Learned Counsel for the petitioner submitted that despite of accepting the examination form in compliance or order dated 02.06.2017 passed by this Court, respondents are not permitting him to appear in the M.D./M.S. examination to be held from 22.06.2017, on the pretext that the petitioner has not completed three years of training period, whereas as per regulation 14 of Post Graduate Medical Education Regulations, 2000 the examination for MD/MS should be held at the end of 3 rd academic year that means the student has to complete the three academic years and not the calendar years..
Learned counsel for the respondent submitted that the petitioner has not completed three calendar years of training (2 of 3) [CW-8879/2017] period which is mandatory as per regulation 10 for permitting him to right the examination.
I have considered the rival submissions. Regulation 10 (1) is as follows:-
The period of training for the award of various postgraduate degrees or diplomas shall be as follows:
(1) Doctor of Medicine (M.D.)/ Master of Surgery (M.S.) "The period of training for obtaining these degrees shall be three completed years including the period of examination.
Provided that in the case of students having a recognised two year post graduate diploma course in the same subject, the period of training, including the period of examination, shall be two years.
In the above clause 10(1) the word "having" is substituted by the word "possessing" in terms of Notification published in the Gazette of India on 20.10.2008."
Regulation 14 is as follows:-
"The examinations shall be organised on the basis of grading or marking system to evaluate and certify candidates level of knowledge, skill and competence at the end of the training and obtaining a minimum of 50% marks in theory as well as practical separately shall be mandatory for passing the whole examination. The examination for M.S., M.D., M.Ch shall be held at the end of 3 academic years (six academic terms) and for diploma at the end of 2 academic years (four academic terms). The academic terms shall mean six months training period.
The above clause 14 is substituted in terms of Gazette Notification published on 20.10.2008 and the same is as under:-
"The examination shall be organised on the basis of 'Grading' or 'marking system' to evaluate and to certify candidate's level of knowledge, skill and competence at the end of the training.
(3 of 3) [CW-8879/2017] Obtaining a minimum of 50% marks in 'Theory' as well as 'Practical' separately shall be mandatory for passing examination as a whole. The examination for M.D./MS, D.M., M.Ch shall be held at the end of 3rd academic year and for Diploma at the end of 2nd academic year. An academic term shall mean six month's training period."
After going through both the regulations, it appears that the matter requires a consideration at length. Since the examination is to commence from 22.06.2017, the respondents are directed to permit the petitioner provisionally to write the said examination, however, they will not declare result without permission of the Court.
(VIJAY KUMAR VYAS) V.J. Arti/143