Point of Law: There is no gainsaying that poor infrastructural facility had had adverse impact on the performance of the students who were already under the examination-tension. Therefore, it is not apt to attribute the failure of the students to their average intelligence alone as observed by the 2nd respondent.

ORDER :

The petitioners who are the final year MBBS students in G.S.L. Medical College, Lakshmipuram, Rajahmundry and failed in the practical examinations pray for writ of mandamus declaring the action of the respondent Nos.2 and 3 in not considering the representation dated 13.09.2021 of the petitioners and not conducting re-examination of the practicals for final MBBS part-II examinations in obstetrics and gynecology as illegal, arbitrary and for a consequential direction to respondents to conduct the re-examination of practicals.

2. Petitioners’ case succinctly is thus:

The petitioners’ college is affiliated to 2nd respondent University which has issued notification for conducting MBBS Part-II Final Examination in August, 2021. As per the practice, the 2nd respondent will first conduct the prtactical examination and then theory examination. The University issued the schedule for the practical and theory examinations and allotted Rangaraya Medical College (for short ‘RMC’), Kakinada as examination center for the students of G.S.L. Medical College, Rajahmundry, Konaseema Institute of Medical Sciences (for short ‘KIMS’), Amalapuram and RMC, Kakinada. As per MCI/NMC regulations, the practical examinations shall be conducted by four examiners – two external examiners and two internal examiners and examination shall be conducted for a batch consisting of twenty students per day. The 2nd respondent appointed one internal examiner each from RMC and G.S.L. Medical College depriving the students of Rajahmundry of having two internal examiners. Similar pattern was followed for the students of KIMS, Amalapuram. However, RMC, Kakinada is concerned, two internal examiners were appointed from the said college.

(a) The practical examinations shall be conducted by the aforesaid four examiners physically in the examination hall by observing the performance of the students. Holding of practical examinations through online is not prescribed by MCI/NMC/University. However, only three examiners were physically present and the fourth examiner decided to conduct practical examination online through whats app which is contrary to the rules and regulations. Added to it on the date of examination the RMC, Kakinada could not provide proper networking facility for holding the examination and thereby there was lot of disturbance and breakdown in the communication through whats app. The internal examiners tried to inform the same to the fourth/external examiner. However, he has not listened to the remarks or observations of the internal examiners and he unilaterally awarded marks to the students without conducting the examination properly and without consulting them. Immediately the students reported about the irregularity in holding the practical examination to the 2nd respondent. The internal examiners also informed about the improper conduct of examination by the fourth examiner to the 2nd respondent. It came to petitioners’ knowledge that the students of KIMS, Amalapuram also faced similar problem during practical examination. They also came to know that as against the norm of conducting examination for 20 students per day, examination was conducted for more than 20 students. The petitioners thus requested the 2nd respondent to conduct re-examination. However, there was no response. The petitioners secured good marks in the theory examination but surprisingly they failed in the practical examinations. In similar circumstances re-examination of the practicals were earlier conducted by the 2nd respondent University. Hence, the writ petition.

3. Respondents 2 and 3 filed counter contending thus:

(a) The MBBS course is governed by the regulations prescribed by the Apex body i.e., the 4th respondent/National Medical Commission (NMC). Being a professional course each student shall acquire sufficient skills in both theory and practical examinations towards training of students and to undertake responsibilities of physician of first contact. Accordingly, the Univ