Academic institutions hold the authority to enforce attendance and training requirements for qualifications; writ courts have limited jurisdiction in these matters.

JUDGMENT

Prateek Jalan, J. (Oral)--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.

(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.