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2011 WLR 481, 2011 (6) MLJ 77
High Court of Judicature at Madras
P. JYOTHIMANI
P. Anand
Versus
The Tamil Nadu Dr.MGR Medical University rep. by its Registrar & Others
W.P.Nos.8472 to 8475, 9038 to 9041 & 9220 of 2011
Decided on : 06-06-2011
MEDICAL EDUCATION - MBBS COURSE - FINAL YEAR PART II - GENERAL SURGERY - SUBJECT DIVIDED INTO TWO - CLINICAL SURGERY AND ORTHOPAEDICS - MINIMUM 50% MARKS REQUIRED IN EACH SUBJECT - WHETHER CONTRARY TO MCI REGULATIONS, 1997 - HELD, YES - MCI REGULATIONS, 1997 STIPULATES THAT IN RESPECT OF PART II OF THE FINAL YEAR A CANDIDATE MUST OBTAIN 50% MARKS IN AGGREGATE WITH A MINIMUM OF 50% IN THEORY, INCLUDING ORALS, AND MINIMUM OF 50% IN PRACTICAL/CLINICALS - IMPOSED REQUIREMENT OF 50% MARKS IN EACH OF THE SUBJECTS IS CONTRARY TO MCI REGULATIONS, 1997 - IMPOSED REQUIREMENT IS ALSO DISCRIMINATORY AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA - WRIT PETITIONS ALLOWED.
Fact of the Case:
WRIT PETITIONS FILED BY FINAL YEAR MBBS STUDENTS CHALLENGING THE GUIDELINES INTRODUCED BY THE FIRST RESPONDENT UNIVERSITY INSISTING MINIMUM OF 50% MARKS INDIVIDUALLY IN THE SUB-BRANCHES, VIZ., PRACTICAL FOR GENERAL SURGERY AND ORTHOPEDIC, AS CONTRARY TO REGULATION 12(4) OF THE MEDICAL COUNCIL OF INDIA REGULATIONS ON GRADUATE MEDICAL EDUCATION 1997 (MCI REGULATIONS, 1997).
Finding of the Court:
THE IMPOSED REQUIREMENT OF 50% MARKS IN EACH OF THE SUBJECTS IS CONTRARY TO MCI REGULATIONS, 1997 - IMPOSED REQUIREMENT IS ALSO DISCRIMINATORY AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA.
Issues: WHETHER THE GUIDELINES INTRODUCED BY THE FIRST RESPONDENT UNIVERSITY INSISTING MINIMUM OF 50% MARKS INDIVIDUALLY IN THE SUB-BRANCHES, VIZ., PRACTICAL FOR GENERAL SURGERY AND ORTHOPEDIC, ARE CONTRARY TO REGULATION 12(4) OF THE MCI REGULATIONS, 1997.
Ratio Decidendi: THE MCI REGULATIONS, 1997 STIPULATES THAT IN RESPECT OF PART II OF THE FINAL YEAR A CANDIDATE MUST OBTAIN 50% MARKS IN AGGREGATE WITH A MINIMUM OF 50% IN THEORY, INCLUDING ORALS, AND MINIMUM OF 50% IN PRACTICAL/CLINICALS - IMPOSED REQUIREMENT OF 50% MARKS IN EACH OF THE SUBJECTS IS CONTRARY TO MCI REGULATIONS, 1997 - IMPOSED REQUIREMENT IS ALSO DISCRIMINATORY AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA.
Final Decision: WRIT PETITIONS ALLOWED - RESPONDENTS DIRECTED TO DECLARE THE PETITIONERS PASSED AND PERMIT THEM TO PROCEED TO THE INTERNSHIP BY ALLOTTING VARIOUS MEDICAL COLLEGES WITHIN TEN DAYS.
1. The writ petitioners are all final year M.B.B.S. students of the academic year 2010-2011 and they have all sought a writ of declaration to declare that the impugned guidelines, viz., Guidelines for Clinical/Viva Voce Examinations Final Year MBBS (Non Semester) Part-II examinations concerning the subject "General Surgery" (for brevity, "the impugned guidelines") introduced/followed by the first respondent insofar as the same insists minimum of 50% marks individually in the sub-branches, viz., Practical for General Surgery and Orthopedic, as contrary to Regulation 12(4) of the Medical Council of India Regulations on Graduate Medical Education 1997 (for brevity, "the MCI Regulations, 1997") and declare the same as illegal and unconstitutional and consequently declare the petitioners having passed in the university examination in General Surgery in the final year 2010-2011, so as to enable them to proceed with the internship in the year 2011-2012.
2.1. The petitioner in W.P.No.8472 of 2011 has obtained admission in the Tamil Nadu Dr.M.G.R. Medical University, namely the first respondent, in the first year M.B.B.S. Course in the year 2006-2007 and was allotted Government Stanley Medical College, Chennai and he has passed the First, Second and Final Year Part-I examinations.
2.2. The petitioner in W.P.No.8473 of 2011 has obtained admission in the Tamil Nadu Dr.M.G.R. Medical University, namely the first respondent, in the first year M.B.B.S. Course in the year 2006-2007 and was allotted Government Stanley Medical College, Chennai and he has passed the First, Second and Final Year Part-I examinations.
2.3. The petitioner in W.P.No.8474 of 2011 has obtained admission in the Tamil Nadu Dr.M.G.R. Medical University, namely the first respondent, in the first year M.B.B.S. Course in the year 2006-2007 and was allotted Government Medical College, Vellore and she has passed the First, Second and Final Year Part-I examinations.
2.4. The petitioner in W.P.No.8475 of 2011 has obtained admission in the Tamil Nadu Dr.M.G.R. Medical University, namely the first respondent, in the first year M.B.B.S. Course in the year 2006-2007 and was allotted Government Stanley Medical College, Chennai and he has passed the First, Second and Final Year Part-I examinations.
2.5. The petitioner in W.P.No.9038 of 2011 has obtained admission in the Tamil Nadu Dr.M.G.R. Medical University, namely the first respondent, in the first year M.B.B.S. Course in the year 2006-2007 and was allotted Government Medical College, Vellore and he has passed the First, Second and Final Year Part-I examinations.
2.6. The petitioner in W.P.No.9039 of 2011 has obtained admission in the Tamil Nadu Dr.M.G.R. Medical University, namely the first respondent, in the first year M.B.B.S. Course in the year 2006-2007 and was allotted Government Stanley Medical College, Chennai and she has passed the First, Second and Final Year Part-I examinations.
2.7. The petitioner in W.P.No.9040 of 2011 has obtained admission in the Tamil Nadu Dr.M.G.R. Medical University, namely the first respondent, in the first year M.B.B.S. Course in the year 2006-2007 and was allotted Government Madurai Medical College, Madurai and he has passed the First, Second and Final Year Part-I examinations.
2.8. The petitioner in W.P.No.9041 of 2011 has obtained admission in the Tamil Nadu Dr.M.G.R. Medical University, namely the first respondent, in the first year M.B.B.S. Course in the year 2006-2007 and was allotted Government Madurai Medical College, Madurai and he has passed the First, Second and Final Year Part-I examinations.
2.9. The petitioner in W.P.No.9220 of 2011 has obtained admission in the Tamil Nadu Dr.M.G.R. Medical University, namely the first respondent, in the first year M.B.B.S. Course in the year 2006-2007 and was allotted Government Theni Medical College, Theni and he has passed the First, Second and Final Year Part-I examinations.
2.10. The final year M.B.B.S. Course consists of two parts,
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