Madhya Pradesh High Court
Dharmendra Singh Shakya vs The State Of Madhya Pradesh on 31 January, 2017
1 WP 7074/16
Dharmendra Singh Shakya Vs. State of M.P. & others
31/1/2017
Shri Nirmal Sharma, counsel for the petitioner.
Shri Praveen Newaskar, Govt. Advocate for the respondent
No.1 / State.
Smt. Nidhi Patankar, counsel for the respondents No. 2 & 3. Shri M.P.S. Raghuvanshi, counsel for the respondent No. 4 / Jiwaji University.
1. Learned counsel for the rival parties are heard on I.A. No. 205/2017, which is an application seeking interim direction to the respondents to permit the petitioner to appear in the IIIrd Professional Examination of MBBS course.
2. The brief facts giving rise to filing of the said I.A. are that the petitioner initially was rusticated from the MBBS course for having adopted unfair means in 2010 PMT examination in regard to which criminal prosecution bearing Crime No. 358/2014 alleging offences punishable under Sections 419, 420, 467, 468, 471, 201 and 120B IPC and Section 3/4 of Pariksha Adhiniyam was initiated and is pending adjudication before the Court of competent jurisdiction. Assailing the said order of rustication, Writ Petition No. 2888/2016 was filed in which interim order dated 6/5/2016 (Annexure P/2) was passed permitting the petitioner to appear in the second Professional Examination of MBBS course. Indisputably, the petitioner was allowed to appear in the IInd Professional Examination on the strength of this interim order. Pertinently the said W.P.No. 2888/2016 was allowed on 14/7/2016 by quashing the order of rustication whereafter the petitioner yet again moved this Court by way of Writ Petition No. 7074/2016 (instant writ petition) for a direction to declare the result of the IInd Professional Examination and forward the same to the concerned University to complete formalities to enable the petitioner to appear in final Part-
2 WP 7074/16Dharmendra Singh Shakya Vs. State of M.P. & others I examination scheduled in November, 2016. This petition was inadvertently disposed of on 5/10/2016 alongwith bunch of petitions in which orders of rustication were put to challenge by petitioners in those petitions. Consequently, review was filed by petitioner bearing R.P.No. 468/2016 which was accordingly allowed and the present writ petition was restored to its original number.
3. In the aforesaid factual background, the petitioner seeks interim order relying upon the contents in the I.A. No. 205/2017. It is not disputed at the bar that all the other directions passed in favour of the petitioner allowing him to appear in the examination were based on the interim order of the Apex Court passed in the case of Nidhi Kaim Vs. State of M.P. & Ors., (2016) 7 SCC
615. It is further not disputed that the above said issue pending before the Apex Court has direct bearing upon the dispute involved herein. It is also not disputed that the said issue has not yet attained finality before the Apex Court where the matter in shape of review has been heard but final orders are yet to be pronounced by the Apex court.
3.1 At this juncture, it would be pertinent to refer to the provisions of MEDICAL COUNCIL OF INDIA REGULATIONS ON GRADUATE MEDICAL EDUCATION, 1997 which make it compulsory for a student to attend 18 months training after qualifying in the Ist Professional Examination to be eligible for appearing in the IInd Professional MBBS Examination. Clause 7 of the said Regulations is reproduced below for ready reference and convenience :-
"7. Training Period and Time Distribution (1) Every student shall undergo a period of certified study extending over 4 ½ academic years divided into 9 semesters, (i.e. of 6 months each) from the date of commencement of his study for the subjects comprising the medical curriculum to the date of completion of the examination and followed by 3 WP 7074/16 Dharmendra Singh Shakya Vs. State of M.P. & others one year compulsory rotating internship. Each semester will consist of approximately 120 teaching days of 8 hours each college working time, including one hour of lunch.
(2) The period of 4 ½ years is divided into three phases as follows :-
a) Phase-1(two semesters) - consisting of Pre-clinical subjects (Human Anatomy, Physiology including Bio-Physics, Bio- chemistry and introduction to Community Medicine including Humanities). Besides 60 hours for introduction to Community Medicine including Humanities, rest of the time shall be somewhat equally divided between Anatomy and Physiology plus Biochemistry combined (Physiology 2/3 & Biochemistry 1/3).
b) Phase-II (3 semesters) - consisting of para-
clinical/ clinical subjects.
During this phase teaching of para-clinical and clinical subjects shall be done concurrently.
The para-clinical subjects shall consist of Pathology, Pharmacology, Microbiology, Forensic Medicine including Toxicology and part of Community Medicine.
The clinical subjects shall consist of all those detailed below in Phase III.
Out of the time for Para-clinical teaching approximately equal time be allotted to Pathology, Pharmacology, Microbiology and Forensic Medicine and Community Medicine combined (1/3 Forensic Medicine & 2/3 Community Medicine). See Appendix- C.
c) Phase-III (Continuation of study of clinical subjects for seven semesters after passing Phase-I) The clinical subjects to be taught during Phase II & III are Medicine and its allied specialties, Surgery and its allied specialties, Obstetrics and Gynaecology and Community Medicine.
Besides clinical posting as per schedule mentioned herewith, rest of the teaching hours be divided for didactic lectures, demonstrations, seminars, group discussions etc. in various 4 WP 7074/16 Dharmendra Singh Shakya Vs. State of M.P. & others subjects. The time distribution shall be as per Appendix-C. The Medicine and its allied specialties training will include General Medicine, Paediatrics, Tuberculosis and Chest, Skin and Sexually Transmitted Diseases, Psychiatry, Radio- diagnosis, Infectious diseases etc. The Surgery and its allied specialties training will include General Surgery, Orthopaedic Surgery including Physio-therapy and Rehabilitation, Ophthalmology, Otorhinolaryngology, Anaesthesia, Dentistry, Radio-therapy etc. The Obstetrics & Gynaecology training will include family medicine, family welfare planning etc. (3) The first 2 semester (approximately 240 teaching days) shall be occupied in the Phase I (Pre-clinical) subjects and introduction to a broader understanding of the perspectives of medical education leading to delivery of health care. No student shall be permitted to join the Phase II (Para- clinical/clinical) group of subjects until he has passed in all the Phase I (Pre-clinical subjects) for which he will be permitted not more than four chances (actual examination), provided four chances are completed in three years from the date of enrollment.
In the above sub-section 7(3) the words "for which for which he will be permitted not more than four chances (actual examination), provided four chances are completed in three years from the date of enrollment" have been deleted in terms of notification published on 30.09.2003 in the Gazette of India.
(4) After passing pre-clinical subjects, 1 ½ year (3 semesters) shall be devoted to para-clinical subjects. Phase II will be devoted to para-clinical & clinical subjects, along with clinical postings. During clinical phase (Phase III) pre- clinical and para-clinical teaching will be integrated into the teaching of clinical subjects where relevant.
(5) Didactic lectures should not exceed one third of the time schedule; two third schedule should include practicals, clinicals or/and group discussions. Learning process should include living experiences, problem oriented approach, case studies and community health care activities.
(6) Universities shall organize admission timings and admission process in such a way that teaching in first 5 WP 7074/16 Dharmendra Singh Shakya Vs. State of M.P. & others semester starts by 1st of August each year.
The above sub-section 7(6) has been substituted in terms of notification published on 01.03.2004 in the Gazette of India.
"(6) The Universities and other authorities concerned shall organize admission process in such a way that teaching in first semester starts by Ist of August each year. For this purpose, they shall follow the time schedule indicated in APPENDIX E"
The following sub-section 7(6)(A) and 6(B) have been included in terms of notification published on 01.03.2004 in the Gazette of India.
"(6A) There shall be no admission of students in respect of any academic session beyond 30th September under any circumstance. The Universities shall not register any student admitted beyond the said date.
(6B) the Medical Council of India may direct, that any student identified as having obtained admission after the last date for closure of admission be discharged from the course of study, or any medical qualification granted to such a student shall not be a recognized qualification for the purpose of the Indian Medical Council Act, 1956. The institution which grants admission to any student after the last date specified from the same shall also be liable to face such action as may be prescribed by MCI including surrender of seats equivalent to the extent of such admission made from its sanctioned intake capacity for the succeeding academic year".
(7) Supplementary examination may be conducted within 6 months so that the students who pass can join the main batch and the failed students will have to appear in the subsequent year.
The above sub-section 7(7) has been substituted in terms of notification published on 19.04.2010 in the Gazette of India .
"7(7) The supplementary examination for 1st Professional MBBS examination may be 6 WP 7074/16 Dharmendra Singh Shakya Vs. State of M.P. & others conducted within 6 months so that the students who pass can join the main batch and the failed students will have to appear in the subsequent year provided that the students who pass the supplementary examination shall be allowed to appear in the second professional MBBS examination only after he/she completes the full course of study of three semesters (i.e. 18 months) for the second professional MBBS examination irrespective of the examination of the main batch."
3.2 The above said provision has been tested by the Division Bench of this Court in the case of Muniraj Patel Vs. State of M.P., 2008 (1) MPHT 529, holding the same to be mandatory in the interest of maintaining merit in the field of Medical Education.
4. There is nothing on record to satisfy this Court that the petitioner after appearing in the Ist Professional Examination pursuant to the interim order passed earlier in WP No. 2888/2016 has attended 18 months training. Therefore, prima facie it appears that petitioner is not eligible to appear in the IInd Professional Examination of MBBS.
5. Accordingly, IA No. 205/2017 stands dismissed.
6. Counsel for the respondents are directed to file response to the petition in the meanwhile.
7. List after two weeks.
(Sheel Nagu) (S.A.Dharmadhikari)
Judge Judge
31/1/2017 31/1/2017
(Bu)