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2025 Supreme(Raj) 2490
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL, J.
Sandeep Kumar, S/o Hira Lal – Petitioner
Versus
The State Of Rajasthan, Through Its Principal Secretary Department Of Medical And Health – Respondent
S.B. Civil Writ Petition No. 13424 of 2025
Decided On : 12-11-2025
For the Petitioner: Mr. Kunal Upadhyay
For the Respondents: Ms. Kanchan Jdoha for Mr. N.S. Rajpurohit, AAG Mr. Piyush Sharma for Ms. Akshiti Singhvi
Medical students facing judicial proceedings may be granted exceptions to attendance policies to preserve their academic careers, subject to fulfilling necessary criteria for examinations.
Headnote:(A) Indian Penal Code - Sections 407, 408, 409, and 120-B - Medical education - Writ petition for allowing petitioner to appear in Second Year MBBS Examination and conduct remedial classes - Petitioner was in judicial custody and could not attend classes, leading to suspension and denial of examination rights - The court emphasizes that while attendance norms must be upheld for the integrity of medical education, exceptions may be warranted in unique circumstances, particularly for students facing judicial challenges. (Paras 2.1, 4.6, 8.1)
Facts of the case:
The petitioner, enrolled in MBBS, was arrested in connection with a NEET examination paper leak, resulting in judicial custody and suspension from the college, preventing his appearance in the Second Year examination.
Findings of Court:
The court recognized the need to balance academic standards with the unique circumstances of students facing serious criminal charges. It allowed the petitioner to attend Third Year classes and permitted attendance at remedial classes for the Second Year, contingent upon meeting attendance criteria.
Issues: The primary issues involved the permissibility of allowing a student under criminal investigation to maintain academic standing and the requirement for attendance verification in relation to remedial classes.
Ratio Decidendi: The court ruled that while it is essential to maintain strict attendance norms in medical education, exceptions should be considered based on circumstances like judicial custody. The Court decided to permit the petitioner to attend remedial classes to overcome attendance shortages. (Paras 6.1, 9)
Result: Writ petition disposed of in favor of the petitioner.
| Table of Content |
|---|
| 1. petitioner's context regarding examination and attendance issues. (Para 1 , 2) |
| 2. petitioner's arguments based on judicial custody and treatment. (Para 3) |
| 3. respondents' opposition and criteria for attendance. (Para 4) |
| 4. court's observations on attendance accountability. (Para 6) |
| 5. court's reasoning for adherence to mbbs attendance norms. (Para 7 , 8) |
| 6. court's orders regarding attendance and future examinations. (Para 9 , 10) |
| 7. finalization of all pending applications. (Para 11) |
Order :
SUNIL BENIWAL, J.
1. The present writ petition has been filed seeking directions to the respondents to permit the petitioner to appear in the Second Year MBBS (Main) Examination scheduled to commence from 26.07.2025, to conduct remedial classes for all subjects, and to allow the petitioner to appear in the supplementary examination.
2. The brief facts of the case are that the petitioner was admitted to the MBBS Course at the Government Medical College, Bhilwara in the year 2024. Subsequently, an FIR was lodged against him at Police Station Shastri Nagar, Patna for offences under Sections 407 , 408, 409, and 120-B of the IPC , alleging his involvement in the NEET examination paper leak. During the course of investigation, the petitioner was arrested and remained in judicial custody from 02.08.2024 to 21.05.2025.
2.1 Owing to his judicial custody, the petitioner could not attend his regular classes and was consequently not permitted to appear in the Second Year MBBS (Main) Examination. He was also placed under suspension by order dated 17.05.2025.
2.2 Aggrieved by the said suspension order, the petitioner preferred S.B. Civil Writ Petition No. 11050/2025 before this Court. In the said writ petition, while issuing notice, a Coordinate Bench of this Court stayed the suspension order and directed that the petitioner be allowed to attend the Second Year MBBS classes. However, the petitioner’s request to appear in the examination was made subject to fulfillment of the attendance criteria as prescribed under the NMC Regulations.
2.3 Despite the aforesaid order, the petitioner was not permitted to appear in the Second Year MBBS Examination. Hence, the present writ petition has been filed seeking the reliefs mentioned above.
3. Learned counsel for the petitioner, while arguing the writ petition, made the following submissions:-
3.1. The petitioner could not attend regular classes as he remained in judicial custody, and the shortfall in attendance occurred due to circumstances beyond his control.
3.2 The petitioner was arrested merely on apprehension, despite having no involvement in the alleged NEET examination paper leak. The charges levelled against him are yet to be proved, and as on date, he is only facing trial. Therefore, unless and until he is found guilty, the respondent authorities are bound to allow him to continue his MBBS course and to appear in the regular examinations.
3.3 The petitioner has been subjected to discriminatory treatment by the respondent authorities. It is submitted that other students, who also had a shortfall in attendance, were permitted to appear in the Second Year MBBS Supplementary Examination, whereas the petitioner has been denied the same opportunity solely on the ground of his arrest pursuant to the said FIR.
3.4 It is further submitted that if the petitioner is permitted to attend the Third Year MBBS classes and to take remedial classes of MBBS II Year, he would be able to save one precious academic year. By attending such remedial classes, the petitioner would be in a position to make up the shortfall in attendance and thereby become eligible to appear in both the Second Year MBBS and the Third Year MBBS Main Examination.
3.5 No prejudice would be caused to the respondents if the petitioner is allowed to appear in the examinations after fulfilling the requisite attendance criteria.
In view of the above submissions, learned counsel for the petitioner prayed that the petitioner may be permitted to attend the T
