The main legal point established in the judgment is the importance of providing evidence and demonstrating a violation of rights or regulations when seeking relief under Article 226 of the Constitution of India.

JUDGMENT :

R.Raghunandan Rao, J.

Heard Sri G.Vijay Kumar, the learned Standing Counsel appearing for the appellants, Smt.Jyothi Eswar Gogineni, the learned counsel appearing for respondents 1 to 8, the learned Government Pleader for Medical and Health, appearing for respondent No.9 and Sri Vivek Chandrasekhar, the learned counsel, appearing for respondent No.10.

2. The facts giving rise to the present Writ Appeal are as follows:

The 1st respondent-University had conducted the main examinations for final year MBBS Part-II (Theory and Practicals) in December-2022/January-2023. Some students including the respondents 1 to 8 herein were not successful in passing the said examination. Some of these unsuccessful students, including the 1st respondent herein, had approached this Court, by way of W.P.No.6977 of 2023, with the complaint that the practical examinations conducted in the 11th respondent-College had not been conducted properly and a very large percentage of the students had been failed, in an arbitrary manner, in the practical examinations. A learned Single Judge of this Court, after considering the submissions made by all sides, had disposed of the said Writ Petition by an order dated 03.04.2023, directing the 1st appellant and 10th respondent herein to re-conduct the practical examinations in three subjects viz., General Medicine, General Surgery and Pediatrics, within two weeks from the date of the order and to release the results as soon as practicable. Certain other directions were also issued in this order. However, the same need not detain us. Accordingly, practical examinations were re-conducted for the petitioners, in the said Writ Petition, on 12.04.2023.

3. The 1stAppellant-University had initially issued a notification stating that supplementary examinations for the 4th year MBBS Part-II for the year 2022-2023 would be conducted as per schedule from 10.05.2023 to 24.05.2023 (Theory) and Practical Examinations from 05.06.2023 onwards. While matter stood thus, the 1st respondent in compliance of the directions of this Court mentioned above, had re-conducted the practical examination on 12.04.2023 and announced the results of the said examination on 17.04.2023. The 1stAppellant also issued another notification dated 17.04.2023 stating that supplementary examinations proposed to be conducted in May, 2023 were being postponed. No fresh date was given at this stage. Subsequently, on 29.05.2023 a notification was issued by the 1st Appellant setting out the revised time table for the supplementary examinations. Under this time table, the supplementary theory examinations were to be conducted between 09.08.2023 to 23.08.2023 and the practical examinations were to be held from 26.08.2023 onwards (tentatively). By then, a representation was given by a member of the Legislative Council to the 1st respondent, on 12.05.2023, seeking preponement of the said supplementary examinations as it would affect the chances of the students appearing for the NEET P.G Entrance Examination, 2024.

4. The respondents 1 to 8 in the present Writ Appeal had moved W.P.No.13822 of 2023 before this Court, seeking a direction to the appellants herein for preponing the supplementary examinations as the conduct of the examinations in August, 2022 would be in violation of the guidelines given by the Medical Council of India stipulating that the examinations cannot be conducted beyond six months from the primary examinations which was conducted in Decmber-2022/January-2023. The prayer in W.P.No.13822 of 2022 is as follows:

“…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents particularly 2nd and 3rd respondents in issuing the notification dated 29.05.2023, by fixing the schedule to conduct the supplementary exams for the 4th year MBBS part-2 for the year 2022-23 beyond the six months period from the primary examination which is conducted in December 2002/January 2023 is illegal,