Andhra Pradesh High Court - Amravati
Dr.Y. Raghu Nandini vs State Of Andhra Pradesh Health on 16 August, 2022
Author: B.Krishna Mohan
Bench: B.Krishna Mohan
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HON'BLE SRI JUSTICE B.KRISHNA MOHAN
WRIT PETITION No.23523 OF 2022
ORDER:-
Heard.
2. This writ petition is filed questioning the proceedings of the respondent No.5 in Roc.No.SVIMS/CE/27/DM&MCHE/2007 dated 13.07.2022 rejecting the application of the petitioner for appearing in the DM University Examinations-2022 scheduled to be held from 18.08.2022.
3. The petitioner was given Admission Order by the respondent No.4 in Roc.No.AS/02/DM MCh Corres/SVIMS/2017 dated 05.09.2019 in DM Neurology course for the academic year 2019-20. The DM Neurology course is a PG Super Speciality course and the duration of the said course is for a period of three years and the petitioner is required to follow the admission and training guidelines as mentioned in the Residents' Manual and prospectus. Accordingly, she joined the course on 09.09.2019. While so, she availed maternity leave in the first year in three spells i.e., from 16.03.2020 to 15.10.2020 (214 days) and availed medical leave from 28.10.2020 to 22.11.2020 (26 days) in total for 240 days. The said period of 26 days leave was sanctioned on loss of pay. Thus her 2nd term (first year) was -2- extended by 203 days from 10.10.2020 to complete the same by 06.05.2021. Then she was promoted to 2nd year (3rd term) on 07.05.2021 as she has to put up minimum 80% of attendance in each academic term of six months to become eligible for appearing in the examinations as per the MCI Norms in Clause 13(2) of the MCI PG Medical Regulation 2000. While granting the leave on loss of pay for the petitioner, the above said details were furnished to the petitioner vide proceedings of the respondent No.4 dated 22.12.2020 which was not assailed by the petitioner at any point of time. Later the respondent No.5 issued circular in ROC No.SVMS/CE/27/DM & MChE/2007 dated 14.06.2022 fixing the schedule of DM/MCh University theory examinations 2022, to be held from 18.08.2022 to 24.08.2022 as detailed below in the table.
Sl.No. Name of the paper Date of Examination
1. Basic Medical Sciences 18.08.2022
2. Clinical Sciences 1 20.08.2022
3. Clinical Sciences II 22.08.2022
4. Recent advances 24.08.2022
It is intended for the eligible DM/MCH PG Students appearing for the examinations to obtain the applications from the office of the respondent No.5. It is also clarified in the said circular that the PG Students appearing for the examination should put up -3- the academic year wise compulsory attendance of 80% i.e., a minimum of 292 working days in each year. For the student of 2019-20 batch, the study period will complete by 31.10.2022 in the normal course and they are only eligible to appear for the PG Degree University examination scheduled to be held from 18.08.2022 onwards as stated above. The Post Graduate Medical Education Regulations 2021 framed under Section 57 of the National Medical Commission Act, 2019, at Regn. 17.2 reads as follows:
"All the candidates joining the Post Graduate training programme shall work as Full Time Residents during the period of training and shall attend not less then 80% (Eighty Percent) of the imparted training during each academic year. Further, pregnant Postgraduate students be allowed maternity leave as per existing Rules and Regulations. They shall also be paid stipend during this period. However, their term shall be refixed by the concerned University to makeup the period lost in the training programme due to maternity leave."
However, in pursuance of the circular of the respondent No.5, dated 14.06.2022, the petitioner made an application to appear in the above said examinations as per the schedule and the same has not been accepted for the following reasons as mentioned in the said impugned proceedings.
"With reference to the above, Dr.Y.Raghu Nandini, DM- Neurology PG Resident is hereby informed that, as the last date of her course completion is 06.05.2023, she was short of 80% -4- attendance in the 3rd year and will not complete the 3 years course period by the cut off date i.e., 31.10.2022 mentioned in the Examinations schedule notification. Further there is no possibility/scope of completion of the course within four months from the last date of joining of the Super speciality courses in SVIMS University. Hence, the candidate's application to appear for the DM University Examinations-2022 is not accepted."
Hence, aggrieved by the same, this writ petition is filed.
4. The respondent No.3 contested the matter by submitting the written instructions stating that the DM/MCH Examinations 2022 notification of SVIMS university was issued on 14.06.2022 and the students were instructed as follows:
"The PG Student appearing for examination should put in Academic year wise compulsory attendance of 80% i.e., must put in 292 working days in each year. The student of 2019-20 batch whose study period completes by 31.10.2022 are only eligible to appear the PG degree University Examination scheduled to be held in August/September, 2022".
The petitioner, PG (DM Neurology) student will complete the course period on 06.05.2023. In the first year she had 96.44% of attendance, in the second year she had 99.45% of attendance and in the third year upto 31.07.2022 she had only 25.75% of attendance. As per the minutes of the Standing Academic Senate of SVIMS held on 21.03.2022, it was resolved to follow Dr.NTR University of Health Sciences Guidelines for Super Speciality Courses with regard to the attendance of PG Students for giving -5- eligibility to appear for the examinations. Further it was also mentioned that the student who completes the course by four months from the last date of the joining of the course in SVIMS University. Since she is having shortage of attendance in the third year in her extended programme, she cannot be permitted to appear in the above said examination scheduled to be held from 18.08.2022.
5. In the light of the above said controversy, it is to be seen that the Admission Order of the petitioner dated 05.09.2019 itself specified that the duration of the course is for a period of three years and the admission of the petitioner is governed by the training guidelines as mentioned in the Residents' Manual and the Prospectus apart from the other terms and conditions. When she availed the maternity leave and medical leave, then only it was specified that the duration of course is extended and it is re-fixed to complete the 2nd term (one year) by 06.05.2021 and on completion of the same she was permitted to 2nd year (third term) on 07.05.2021. Thus her third year programme will be completed by 06.05.2023 only as mentioned in the impugned proceedings of the respondent No.5 dated 13.07.2022. The proceedings of the respondent No.4 dated 22.12.2020 also clarified that 80% of attendance is required in each academic term of six months to become eligible to appear for the examination as per Clause 13(2) -6- of the MCI PG Medical Regulation 2000. The said proceedings has become final in respect of the petitioner as it was not challenged and the same was accepted by availing the above said leaves and having accepted the extension of duration of the course by refixation of the same by the University the petitioner cannot plead contra to it now. The Circular issued by the respondent No.5 dated 14.06.2022 while fixing the above said schedule of examinations specifies the students who are eligible to appear for the said examinations in a categorical manner in which the petitioner would not fit in in view of the specific statutory regulations of the Post Graduate Medical Education Regulations, 2021. As per Regulation 17.2 the candidates shall attend the Post Graduate Training Programme with not less than 80% of the imparted training during each academic year. The pregnant PG Students will be allowed maternity leave as per the existing rules and regulations and their term shall be refixed by the concerned University to make up the period lost in the training programme due to the maternity Leave. Accordingly following the Regulation 17.2 of the above said statutory regulations, the University has refixed her academic training programme under the proceedings of the respondent No.4 dated 22.12.2020 itself. Thus following the same, the impugned proceedings have been issued by the respondent No.5 treating her completion of the course would be -7- on 06.05.2023 subject to fulfilling the minimum attendance of 80% for each academic year. It is not out of place to note that the petitioner did not challenge the above said Regulation 17.2 in this writ petition.
6. The judgment relied upon by the petitioner in W.P.No.25729 of 2018 and batch of the Hon'ble Madras High Court dated 05.10.2018 reported in SUCHITRA AND ORS. VS.
TAMILNADU MEDICAL COUNCIL AND ORS., at paragraphs 24 and 25, it was held as follows:
"24. As stated earlier, the petitioners have attendance for more than 90% in one year. Taking into consideration the overall attendance in the year in which the petitioners have successfully completed their training programme, the attendance of the petitioners for the other year, though falls short of 50%, if the number of days in excess of the required attendance is added that will make the petitioners eligible to continue the course without break. Even assuming that the petitioners do not have 50% of the attendance in the second year, having regard to the fact that the petitioners were compelled to avail maternity leave which is and it is natural and a biological process maternity leave cannot be allowed to be a hindrance to the education of any woman. Even though the University has not framed any regulations to same women from such situation, it requires to be formulated in the light of the Article 4.2 of CEDAW (Convention on the elimination of all forms and discrimination against women).
25. The fact remains that the shortage of attendance for the petitioners in one of the years in the two year course was made good by undergoing subsequent training by the petitioners. As on today, the petitioners have attendance for more than 80% if the attendance in which there was a break is taken along with the attendance of the -8- petitioners this year. In such a situation, this court is of the view that the petitioners are entitled to succeed for the reasons stated in the above paragraphs."
That is a case of two years course of PG Diploma course and where aggregate of attendance is permissible and the petitioner therein fallen short of 50% of attendance. That judgment has no application to the facts and circumstances of this case as the petitioner so far has put up 25.75% of attendance in the third year and the above said statutory regulation contemplates minimum of 80% of attendance for each year. The DO Letter of University Grants Commission dated 14.12.2021 referred by the petitioner is only a request made to the Universities to provide regulations/ exemptions relating to the attendance for women students who availed maternity leave and it is only recommendatory in nature but not binding on the universities as there are the above said statutory regulations which are binding on the university in which the petitioner is pursuing the course.
7. Since the fixation of minimum attendance for each academic year is prescribed by the University in super speciality courses following the statutory regulations and the decision taken by the academic senate cannot be interfered with by this court while exercising the judicial review unless the virus of the same is under challenge or established that there is an arbitrariness or discrimination.
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8. For the foregoing reasons, this court does not show any indulgence to interfere with the impugned proceedings of the respondent No.5 dated 13.07.2022. However, the petitioner shall be permitted for the next examinations on the completion of her third year course on 06.05.2023 with minimum attendance of 80% in the third year.
9. Accordingly, the Writ Petition is disposed of. No costs.
______________________________ JUSTICE B.KRISHNA MOHAN August 16, 2022 LMV
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HON'BLE SRI JUSTICE B.KRISHNA MOHAN WRIT PETITION No.23523 OF 2022 August 16, 2022 LMV
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