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 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.

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 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% attendance in the 3rd year and will not