Point of Law : Where the training is largely achieved on the job, the training requirement cannot be divorced altogether from the question of excessive leave.

JUDGMENT :

PRATEEK JALAN, J.

The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

1. By way of this writ petition, the petitioner seeks a direction upon the respondent no.1-Guru Gobind Singh Indraprastha University [“the University”] to permit him to sit for the end term examinations for the M.Ch. course, and a direction amending the eligibility criteria for the said examinations to exclude the period of leave due to COVID-19 or due to attending upon COVID-19 patients.

2. The petitioner is a doctor, working as a Senior Resident in the Department of Burns and Plastic Surgery at Atal Bihari Vajpayee Institute of Medical Sciences [“the Institute”] [respondent no.2 herein]. The Institute is affiliated to the University. He joined the Institute on 29.08.2018, and is a candidate for the three-year M.Ch. degree.

3. The petitioner’s claim in this petition arises out of the fact that he has been rendered ineligible to take his end term examinations on account of excessive leaves and not having completed the requisite training period. The petitioner’s case is that this situation has arisen as a direct result of his having contracted COVID-19 while treating patients as part of his duties at the Institute.

4. The requirements of the M.Ch. degree, and the leave entitlement of a candidate, are governed by the Postgraduate Medical Education Regulations, 2000 [“the Regulations”] notified by the Medical Council of India [“MCI”], and the University’s Ordinances.

5. The relevant provisions of the Regulations are as follows:-

“13.1 The training given with due care to the Post Graduate students in the recognized institutions for the award of various Post Graduate medical degrees/diplomas shall determine the expertise of the specialist and/or medical teachers produced as a result of the educational programme during the period of stay in the institution.

[Provided that in respect of MD/MS students admitted with effect from academic session 2020-21, the training imparted as part of District Residency Programme in District Health System, as provided for in sub-clause 13(11) of these Regulations shall be considered as training imparted in a medical institution.]

13.2 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 than 80% (Eighty percent) of the imparted training during academic terms of 6 months including assignments, assessed full time responsibilities and participation in all facets of the educational process.”

(Emphasis supplied.)

6. The University has also enacted Ordinance 16 dealing inter alia with conduct and evaluation of candidates for the M.Ch. degree. The relevant clauses of the Ordinance are as follows :-

“3.0 Examinations of the University shall be open to regular students i.e. candidates who have undergone a course of study in an institution/college affiliated to the University, for a period specified for that programme of study in the Scheme of Teaching and Examination and Syllabi.

Provided further that a student may be debarred from appearing in the examination of the course as provided in Clause 8 & 9 of this Ordinance or as provided in any other Ordinance of the University.

xxxx xxxx xxxx

8.0 ATTENDENCE

All the candidates joining the Post Graduate training programme shall work as full time residents during the period of training. They must attend not less than 80% of the training during a given year. They should be given full time responsibility, assignments and participation in all aspects of the education programme.

9.0 LEAVE

a. No vacations are permitted to any Post graduate degree/diploma, Post doctoral course student.

b. A student may avail a maximum of 30 days leave in the 1st academic year and 36 days each in the 2nd and 3rd academic year. Leaves not availed in one year are not carried over to the next year.

This includes leave availed on all grounds except maternity leave.

c. A female studen