JUDGMENT

REKHA PALLI, J

1. The present intra court appeal impugns the order dated 3rd January, 2017, passed by the learned Single Judge in WP (C) No. 5408/2012, whereby the Appellant’s writ petition challenging the order dated 18th August, 2012, expelling him from Respondent No. 1/College, has been dismissed.

2. The facts necessary for the adjudication of the present appeal are that the Appellant, the son of an Ex. Havildar of the Indian Army, had joined the MBBS course of the Respondent No. 1/College in July, 2008, based on his outstanding performance in the entrance examination conducted by the Respondent No. 5/Guru Gobind Singh Indraprastha University (GGSIP), to which the Respondent No. 1/College is affiliated. The Appellant, having secured 94.4% marks in Class X and 93.8% marks in Class XII, already had an outstanding academic record when he joined the Respondent No. 1/College. He continued his excellent academic streak while undergoing his MBBS course, and was even awarded a scholarship by the Respondent No. 5/University for the academic session 2009-10, under its scheme for the economically weaker sections of society.

3. As per the Graduate Medical Regulations, 1997 laid down by Medical Council of India (MCI), a student of MBBS is required to undergo the following:-

“7. Training Period and Time Distribution (1) Every student shall undergo a period of certified study extending over 4 ½ academic years divided into 9 semesters,(i.e. of 6 months each) from the date of commencement of his study for the subjects comprising the medical curriculum to the date of completion of the examination and followed by one year compulsory rotating internship. Each semester will consist of approximately 120 teaching days of 8 hours each college working time, including one hour of lunch.

(2) The period of 4 ½ years is divided into three phases as follows :-

a) Phase-1(two semesters) - consisting of Pre-clinical subjects (Human Anatomy, Physiology including Bio- Physics, Bio- chemistry and introduction to Community Medicine including Humanities). Besides 60 hours for introduction to Community Medicine including Humanities, rest of the time shall be somewhat equally divided between Anatomy and Physiology plus Biochemistry combined (Physiology

2/3 & Biochemistry 1/3).

b) Phase-II (3 semesters) - consisting of para- clinical/ clinical subjects. During this phase teaching of para-clinical and clinical subjects shall be done concurrently. The para-clinical subjects shall consist of Pathology, Pharmacology, Microbiology, Forensic Medicine including Toxicology and part of Community Medicine. The clinical subjects shall consist of all those detailed below in Phase III. Out of the time for Para-clinical teaching approximately equal time be allotted to Pathology, Pharmacology, Microbiology and Forensic Medicine and Community Medicine combined (1/3 Forensic Medicine & 2/3 Community Medicine). See Appendix-C.

c) Phase-III (Continuation of study of clinical subjects for seven semesters after passing Phase-I) The clinical subjects to be taught during Phase II & III are Medicine and its allied specialties, Surgery and its allied specialties, Obstetrics and Gynaecology and Community Medicine. Besides clinical posting as per schedule mentioned herewith, rest of the teaching hours be divided for didactic lectures, demonstrations, seminars, group discussions etc. in various subjects. The time distribution shall be as per Appendix-C. The Medicine and its allied specialties training will include General Medicine, Paediatrics, Tuberculosis and Chest, Skin and Sexually Transmitted Diseases, Psychiatry, Radio-diagnosis, Infectious diseases etc. The Surgery and its allied specialties training will include General Surgery, Orthopaedic Surgery including Physio-therapy and Rehabilitation, Ophthalmology, Otorhinolaryngology, Anaesthesia, Dentistry, Radio-therapy etc. The Obstetrics & Gynaecology training will include family medicine, family welfare planning etc.”

4. The Appellant,