The main legal point established in the judgment is the importance of upholding University regulations in determining eligibility for an additional chance to clear subjects in the MBBS course, ensuring that professional doctors are competent to treat patients effectively.

S.S. Sundar, J.

This Writ Petition is filed for issuing a Writ of Mandamus, directing the second respondent University to grant permission to the petitioner to apply and appear for phase I of first year subject, viz., Physiology in the forthcoming examination to be held on November-December 2018.

2. The brief facts that are necessary for disposal of the Writ Petition are as follows.

3. On completion of plus 2 examinations, the petitioner joined MBBS course in the third respondent Institution, during the academic year 2012-13 under the Management Quota. The petitioner took his first year course examinations in June 2013. It is not in dispute that for Medical Students, passing of papers of first phase is mandatory to move on to the second year. The phase I of the course contains 3 subjects, but the petitioner could not clear all the three subjects. Hence, the petitioner appeared in November 2013 supplementary examinations and cleared only one paper, viz., Anatomy and failed in other two subjects, viz., Physiology and Bio-Chemistry.

4. Thereafter, the petitioner appeared in May 2014 examination for both the subjects, viz., Physiology and Bio-Chemistry. Unfortunately, the petitioner could not get through. Again, the petitioner appeared in the examinations held in November 2014, May 2015, November 2015, June 2016, November 2016 and June 2017. It is admitted that despite the petitioner's repeated attempts, he could not clear the two subjects. When the petitioner appeared for examinations on November 2017, he cleared the Bio-Chemistry subject and failed in the other subject, viz., Physiology.

5. Since the petitioner could not clear all the papers in first year Phase I, he could not move on to the second year. By the time the petitioner appeared for November 2017 exams, maximum time for clearing the first year subjects, i.e., three years has expired as per the Regulations of the second respondent University. When the petitioner made a request to the University to appear for the June 2018 exams, the same was declined by the University referring to the provisions of 2019 Regulations of the University. Stating that in final attempt, the petitioner failed only in a little margin and that the petitioner has passed in all the practicals, the petitioner has field this Writ Petition to direct the second respondent University to give him one more chance to clear the Physiology paper, which is a subject in phase I of the course.

6. The learned counsel for the petitioner relied upon the order of this Court, in a Writ Petition in W.P.No.29328 of 2018 and batch of cases, dated 19.07.2018, in the case of Nahakpam Rojita Devi vs. the Medical Council of India and Others, wherein, this Court in paragraph 23 has held as follows:

"23. The total number of (maximum) years prescribed to complete the MBBS Course is eight years. In the above Regulations, the word "eight" makes it clear that after the period of the medical course of 4 1/2 years, excluding the period of House Surgeon, students will be entitled to complete the course with the extended period of 3 1/2 years and the total period is eight years. The contention that the total period should be construed as 11 1/2 years in terms of clause 8 extracted supra, cannot be accepted. However, in view of Clause 10 extracted supra, the Vice Chancellor would be entitled to permit the students to write the examination by showing mercy and that leniency/mercy can also be shown only once. Otherwise, the students will knock at the doors of the Vice Chancellor seeking mercy for more than once and that is not the spirit of the Regulations of the Pondicherry University."

7. From the above judgement, it could be seen that the total extended period that can be given to a candidate is only 3 1/2 years. Further, in paragraph 22, relevant clauses of Pondicherry University Regulations dealing with migration, etc., particularly, Clauses 8 and 9, is extracted, which reads as follows :

"8. Maximum duration permitted to complet