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2012 Supreme(Mad) 1759
High Court of Judicature at Madras
K. CHANDRU
N. Nameetha & Others
Versus
The Pondicherry University, rep by the Registrar, R.Venkataraman Nagar & Others
W.P. Nos. 12986 to 12988 & 13768 to 13770 of 2012 & M.P. Nos. 1,1,1,1,1,1,2,2,2,2,2,2,3 & 3 of 2012
Decided On : 04-07-2012
For the Petitioners:T.P. Manoharan, Advocate.
For the Respondents:R1 to R3, Mrs. A.V. Bharathi, Standing Counsel, for Pondicherry University R4, Kandan Doraisamy, Advocate.
The university had the authority to prescribe regulations for completing the MBBS course, and the petitioners were not entitled to additional chances as they had not completed within the prescribed period.
Headnote:
MBBS Course - Pondicherry University Act, Indian Medical Council Act - [Section 10A, Regulation 12(4)] - The court considered whether the decision of the Pondicherry University in prescribing maximum duration for completing the MBBS course and denying further chances to write the examination is violative of the Pondicherry University Act or the Indian Medical Council Act. The court also addressed the issue of whether the petitioners can avail the benefit of having additional chances of writing the examinations extended for the benefit of the batch of students from 2002 to 2003.
Fact of the Case:
The petitioners, students of a medical college, challenged the university's order prescribing maximum duration for completing the MBBS course and sought direction to write certain examinations to complete the course. The university had granted additional chances for completing the course, but the petitioners had not completed within the prescribed period.
Finding of the Court:
The court found that the university had the authority to prescribe regulations for completing the course and that the petitioners were not entitled to additional chances as they had not completed within the prescribed period. The court dismissed all writ petitions.
Issues: The issues included the validity of the university's regulation on maximum duration for completing the MBBS course, the entitlement of the petitioners to additional chances, and the authority of the university to prescribe regulations.
Ratio Decidendi: The court held that the university had the power to prescribe regulations for completing the course, and the petitioners were not entitled to additional chances as they had not completed within the prescribed period. The court also emphasized that the determination of such standards is beyond the purview of judicial review unless such standards are arbitrary or adversely affect the standards fixed by a central body under a central enactment.
Final Decision: All writ petitions were dismissed, and there was no order as to costs. Connected miscellaneous petitions were closed.
1. The petitioners in this batch of writ petitions were students of the 4th respondent medical colleges at Puducherry. In the first batch of writ petitions, i.e. W.P.Nos.12986 to 12988 of 2012, the petitioners were seeking to challenge the order passed by the second respondent Controller of Examinations, Pondicherry University, dated 09.04.2012 and after setting aside the same, seek for a direction to the respondents 1 to 3 to allow the petitioners to write certain examinations conducted by the University by issuing applications, receiving the filled up applications and granting hall tickets and to allow them to complete the MBBS course. When these writ petitions came up for admission on 4.5.2012, the Standing Counsel for the University Mrs.A.V.Bharathi took notice.
2. The second set of writ petitions, i.e., W.P.Nos.13768 to 13770 of 2012, were filed by the same petitioners challenging the ratification order passed by the Academic Council of the Pondicherry Univesrity, dated Nil and after setting aside the same, seek for a direction to write the theory examinations and also to attend the practical examinations so as to complete the MBBS course. When these writ petitions came up for hearing on 30.05.2012, notice of motion was ordered and they were directed to be heard along with the first set of writ petitions. Pending the writ petitions, no interim orders were granted though a prayer to that effect was made both for staying the impugned decision of the academic council as well as for a direction to write the examinations.
3. Heard the arguments of Mr.T.P.Manoharan, learned counsel appearing for petitioners, Mrs.A.V.Bharathi, learned Standing Counsel for Pondicherry University and Mr.Kandan Doraisamy, learned counsel for the 4th respondent private colleges.
4. The principal question that arises for consideration is whether the decision of the Pondicherry University in prescribing maximum duration by which a candidate will have to complete his MBBS course, failing with he will be denied a further chance of writing the examination is violative of any of the provisions of the Pondicherry University Act or whether it is repugnant or ultra vires to the provisions of the Indian Medical Council Act? One other question was whether the petitioners can avail the benefit of having the additional chances of writing the examinations extended for the benefit of the batch of students from 2002 to 2003?
5. By the impugned order, dated 09.04.2012, the fourth respondent College was informed that as per the Vice Chancellor's order dated 29.03.2012, the two additional sessions for writing the examination will be permitted only for students who have exhausted maximum period of nine years prescribed for completion of the course in December, 2011. It meant that students who belonged to 2002-2003 batch and who completed 9 years in December, 2011 will be eligible to write examination till December, 2012 on payment of penalty of Rs.500/-per paper, but students belonging to the batch prior to 2002-2003 will not be eligible for the concession shown by the University.
6. The impugned Academic Council ratification No.2010.63.03 to ratify the maximum duration for completion of the course reads as follows :
"TO RATIFY THE FIXING OF MAXIMUM DURATION FOR COMPLETION OF MEDICAL COURSES.
The Academic Council vide its Resolution No.2007:55:17 resolved to fix the maximum duration for various courses offered by the affiliated colleges of our University, except the 4-1/2 year and 5 year courses like M.B.B.S., B.V.Sc., B.D.S., which were left out inadvertently.
It was, therefore, decided with the approval of Vice-Chancellor to fix the maximum period for completion of the following medical courses as mentioned below:
The above decision was communicated to all the colleges concerned, with an instruction that May 2010 session will be last one for completion of the courses for the students who have already exhausted the maximum period.
For ratification of
