J U D G M E N T

% 27.05.2024 The controversy

1. The petitioners are MBBS students studying in the Maulana Azad Medical College (“MAMC”), affiliated to the Delhi University (“DU”). They claim to have been entitled to undertake their 3rd Professional Part II MBBS Examination on 11 March 2024 and, therefore, assail letter dated 7 March 2024 issued by the MAMC which entitles them to undertake the said examination only on 15 April 2025. The petitioners’ entitlement to undertake the 3rd Professional Part II MBBS Examination has, therefore, according to them, been illegally deferred by over a year. The petitioners therefore pray that the letter dated 7 March 2024 be quashed and set aside and that the 3rd Professional Part II MBBS Examination of the petitioners be directed to be conducted during the currency of the present academic year.

2. The issue in controversy is therefore, whether the petitioners were, or were not, entitled to undertake their 3rd Professional Part II MBBS Examination on 11 March 2024 and, assuming they were, whether the court can direct the DU to hold the 3rd Professional Part II MBBS Examination for the petitioners during the current academic year instead of their having to wait till 15 April 2025.

Facts

3. The relevant clauses of the Scheme relating to the MBBS course contained in the MBBS Ordinances of the DU, in so far as they relate to examinations to be undertaken, may be reproduced as under:

“4. TRAINING PERIODANDTIME DISTRIBUTION:

(a) The duration of course of study : 4 ½ Academic years are dividedinto9semesters plus oneyear Internship Training.

*****

5 MODEL TABLE OF TIME DISTRIBUTION :

(clinical)

6th Semester (wks)	7th Semester (wks)	8th Semester (wks)	9th Semester (wks)	Total (wks)
-	4	6	6	26
2	-	4	2	10
-	-	-	-	02
2	-	2	-	06
-	-	-	-	02
-	2	-	-	02
-	4	6	6	26
4	-	-	2	10
4	2	-	-	10
4	2	-	-	8
-	4	4	6	24
4	-	-	-	12
2	-	-	-	02
-	-	-	-	02
22	18	22	22	142

(b) - Clinical methods in Medicine and Surgery for whole class will befor2weeks each respectively at thestart of3rdsemester (c) * This posting includes training in Radiodiagnosis and Radiotherapywhereexistent.

(d) ** This posting includes exposure to Rehabilitation and Physiotherapy.

(e) *** This posting includes exposure to laboratory medicine andinfectious diseases.

(f) **** This posting includes exposure to dressing and Anesthesia.

(g) ***** This includes maternity training and Family medicine and the 3rd semester posting shall be in Family Welfare Planning.”

8A. ATTENDANCE

75% of attendance in a subject for appearing in the university examination is compulsory inclusive of attendance in non-lecture teaching i.e. seminars, group discussions, tutorials, demonstrations, practicals, hospital (Tertiary, Secondary, Primary) posting and bed sideclinics, etc.

*****

10. SCHEME OF UNDER-GRADUATE EXAMINATION &

DISTRIBUTIONOFMARKS *****

NOTE: The Curriculum of the MBBS Course shall be as per Medical Council of India Regulations on Graduate Medical Education, 1997. The syllabus may be determined by the respective Committee of Courses and studies in their Departments underthe FacultyofMedical Sciences from timetotime.

Re-admission: A candidate having failed to pass the supplementary of the first and second MBBS Examination, may register for re-admission to the same class at the discretion of the Principal of the College within 15 days of the announcement of the result of the University Examination in the local press. The candidate will be required to pay enrolment fee, special University fee etc. and the College will inform the University of his/her re-

admission.”

4. Thus, the scheme of the course, training and examination may be set out thus:

(i) The course is for 4½ years followed by one year of compulsory internship.

(ii) Phase I of the training is undertaken in the first year.

(iii) The first year consists of two semesters, of six months each.

(iv) At the end of the Phase I training, i.e. at the end of the first year, the candidates undertake the first

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