Back
2013 Supreme(Mad) 1979
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.K. AGRAWAL AND N. PAUL VASANTHA KUMAR, JJ.
K. Vetriselvan and Others
Versus
Registrar, Tamil Nadu Dr. MGR Medical University, No.69, Anna Salai, Guindy, Chennai - 600 032
P. Priyadarshini and Others
Versus
Tamil Nadu Dr.MGR Medical University, rep. by its Registrar, No.69, Anna Salai, Guindy, Chennai- 600 025 and Another
W.P. No. 10180 of 2013, W.P. No. 10992 of 2013 and M.P. No. 1 of 2013 W.P. No. 10180 of 2013 W.P. No. 10992 of 2013
Decided on: 14 June 2013
M. Radhakrishnan, C. Prabakaran, for Petitioners
Ms. Narmadha Sampath, A.S. Balaji, for Respondents
Headnote:
MCI Act - Medical Education - Regulation 7(7) of the Graduate Medical Education, 1997 - [The judgment discusses the implementation of Regulation 7(7) of the Graduate Medical Education, 1997, and the University's duty to conduct Instant Supplementary Examinations within 30 days from the publication of results of the main examinations, enabling the passed students to join in the II MBBS course along with regular batch of students to satisfy Regulation 7(7). The court emphasizes the statutory force of MCI regulations and the University's obligation to adhere to them.]
Fact of the Case:
The petitioners, second MBBS students, sought a writ of mandamus to join the main batch of II MBBS students (2011-2012 batch) after passing supplementary examinations. The University opposed, citing regulations on attendance and the need to pass Phase I before joining Phase II.
Finding of the Court:
The court found that the petitioners could not join the main batch of II MBBS course due to their failure to satisfy the attendance requirements and complete the syllabus. The court noted that the University had taken a decision to conduct Instant Supplementary Examinations within 30 days from the publication of results of the main examinations.
Issues: The main issue was the implementation of Regulation 7(7) of the Graduate Medical Education, 1997, and the petitioners' request to join the main batch of II MBBS students. The court also considered the University's duty to conduct Instant Supplementary Examinations and the petitioners' failure to make a timely prayer for the same.
Ratio Decidendi: The court held that the University is bound to conduct Instant Supplementary Examinations within 30 days from the publication of results of the main examinations, as decided by the Governing Council, to enable the passed students to join in the II MBBS course along with regular batch of students to satisfy Regulation 7(7) of the Graduate Medical Education, 1997.
Final Decision: The writ petitions were disposed of, with the court making it clear that the University is bound to conduct Instant Supplementary Examinations within 30 days from the publication of I MBBS examination Phase-I results and publish the results within two weeks from the last date of such examination, enabling the passed students to join in the II MBBS course along with regular batch of students to satisfy Regulation 7(7) of the Graduate Medical Education, 1997.
Mr. R.K. AGRAWAL, A.C.J. and Mr. N. PAUL VASANTHA KUMAR, J.
1. These writ petitions are filed by 14 second MBBS students praying for issuing a writ of mandamus directing the Tamil Nadu Dr. MGR Medical University, Chennai-25, to implement Regulation 7(7) of the Graduate Medical Education, 1997, by permitting them to join the main batch of II MBBS students (2011-2012 batch).
2. The case of the petitioners in brief are that the petitioners have joined in the first year MBBS course in the year 2011-2012 and completed the first year course. They also appeared for the first MBBS examinations conducted by the Tamil Nadu Dr. MGR Medical University in August, 2012. As the petitioners could not obtain 50% of marks in each paper separately, they were declared fail and they appeared for the supplementary examinations (I MBBS) held in February, 2013 and all the petitioners have passed and now permitted to join in the second MBBS course. The grievance of the petitioners are that Regulation 7(7) of the Graduate Medical Education, 1997 framed under Section 33 of the MCI Act, 1956 mandates conducting supplementary examinations within six months to enable the students to pass and to join the main batch and the University failed to follow the said regulation and conducted supplementary examinations only in February, 2013 and the petitioners should be permitted to pursue the II MBBS course with the main batch students admitted in the year 2011-2012.
3. The said prayer is opposed by the University by filing a common counter affidavit contending as follows:
(a) Regulation No.7 on Graduate Medical Education, 1997, the training period and time distribution for the MBBS medical course are fixed. As per the above said provision, every medical student shall undergo a period of certified study extending over 4 1/2 years, divided into nine semesters of six months each, followed by one year compulsory rotating internship. Each semester will consist of approximately 120 teaching days of eight hours each college working time, including one hour of lunch.
(b) The period of 4 ½ years is divided into three phases as follows:
Phase-I : Two semesters - 1st Professional Examination (I MBBS) consisting of pre-clinical subjects.
Phase-II : Three Semesters - 2nd Professional Examination (II MBBS) consisting of para-clinical subjects.
Phase-III : Two Semesters in Part I - Final Professional (Final MBBS)
Two Semesters in Part II - Final Professional (Final MBBS) consisting of clinical subjects.
Thus, every MBBS candidate should undergo the following teaching hours:
A. Pre-Clinical Subjects (Phase-I First and Second Semester)
Anatomy : 650 hours
Physiology : 480 hours
Bio-Chemistry : 240 hours
Community Medicine : 60 hours
B. Para-clinical subjects (Phase-II 5th to 7th Semester)
Pathology : 300 hours
Pharmacology : 300 hours
Microbiology : 250 hours
Community Medicine : 200 hours (including 8 weeks postings of 3 hours each)
Forensic Medicine : 100 hours
FTeaching of para-clinical subjects shall be 4 hours per day in 3rd semester and 3 hours per day in 4th and 5th semesters.
C: Clinical Subjects (Phase-II & III - 3rd to 9th Semesters)
General Medicine : 300 hours
Paediatrics : 100 hours
T.B. And Chest : 20 hours
Psychiatry : 20 hours
Skin and STD : 30 hours
Community Medicine : 30 hours
Anaesthesia : 20 hours
General Surgery : 300 hours
Orthopedics : 100 hours
Opthalmology : 100 hours
E.N.T. : 70 hours
Radiology : 20 hours
Dentistry, Obst.& Gynae .. : 300 hours
(c) As per the University Regulations for MBBS degree course, minimum 80% of attendance in both theory and practical/ clinical classes separately in each subject is required for appearing in the examination and the satisfactory completion of attendance must be certified by the respective Heads of Department and forwarded by the Heads of the Institution to the University, at least 15 days prior to the commencement of the theory examinations. A candidate lacking in the prescribed attendance in any one of the subject in th
