The court's decision was based on the principle of mandamus, allowing the petitioner to continue the MBBS course and take the III year examination.

JUDGMENT

1. The petitioner is before this Court seeking for the following reliefs;

i. Issue a writ or order or direction in the nature of mandamus or any other appropriate writ; directing the petitioner to permit the petitioner to continue in the regular batch of MBBS course of study, admitted to the academic year 2018-19 and to prosecute the course of study without interruption. ii. Issue a writ or order or direction in the nature of mandamus or any other appropriate writ; directing the Respondent Nos.1 and 2 to consider the representation of the petitioner dated 22.06.2022 produced at Annexure-F and to permit the petitioner to continue in the regular batch of MBBS course of study, admitted to the academic year 2018-19; and to prosecute the course of study without interruption; and.

iii. Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.

2. The petitioner had appeared for Phase I MBBS in June 2019, however he failed in his examination held in November 2019. Thereafter, the petitioner and certain others approached this Court in W.P. No.2133/2020 seeking for permission to prosecute the course in II phase of MBBS i.e. for the second year. This Court vide interim order dated 29.01.2020 permitted the petitioners to do so. Finally, this court vide its order dated 5.08.2021 allowed the petition filed by the petitioner and permitted the petitioner to continue in the III Year MBBS course in the regular batch subject to him clearing the II Year examinations.

3. The petitioner is before this Court contending that the petitioner has cleared the II year examination on February 2022. Though the same was not done within the time when the main examinations were to be held, the supplementary examination being held from 30.07.2022, as such he may be permitted to take up said examination as his main examination. In that background the aforesaid reliefs are sought for.

4. Smt.Faraha Fathima, learned counsel for the respondent would submit that the petitioner ought to have cleared the II year examination prior to the orders passed in W.P.No.814/2021 i.e. before 5.08.2021. The petitioner having cleared the same in February, 2022, would not be eligible to take up the examination now for the III year. Therefore, she submits that the relief sought for are untenable and the petition requires to be dismissed. She further submits that the petitioner cannot take supplementary exam as the main examination, but ought to take up the next main examination which is scheduled in December 2022.

5. Heard Sri.Abhishek Malipatil, learned counsel for the petitioner and Smt.Farah Fathima, learned counsel for the respondent. Perused papers.

6. It is on account of the interim orders which have been passed by this Court in W.P. No. 2133/2020 and other connected matters that the petitioner was permitted to take up the II year MBBS course of study. If not for the same, the petitioner would not have been entitled to take up the said course. It is on account of the petitioner having taken up the II year and completed II year, that he would be entitled to take up the training, as also the examination for the III year.

7. The petitioner has admittedly completed the II year on February 2022, but however on account of the orders passed by this Court, the petitioner has been attending the III year course from April, 2021 but could not take up the III year examination since the same was conducted prior to the petitioner passing the II year examination.

8. The fact remains that the petitioner has completed his course of study in III year as on today and the examination is to be held on 30.07.2022 though termed as supplementary examination is the same as examination for the III year, I do not find any reason why the petitioner would have to be made to wait for another four months to take up the main examination when supplementary examination could be treated as main examination for the petitioner.

9. In view thereof, I am