IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 35549 of 2009(K) -------------------------- PETITIONER(S): --------------- ROHITH MATHAI ROJER, 1ST YEAR MBBS, MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE, KOLENCHERY, ERNAKULAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. M.G.UNIVERSITY, KOTTAYAM, REPRESENTED BY THE REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, M.G.UNIVERSITY, KOTTAYAM. 3. THE PRINCIPAL AND CHIEF SUPERINTENDENT OF UNIVERSITY EXAMINATIONS, MALNKARA ORTHODOX SYRIAN CHRCH MEDICAL COLLEGE, KOLENCHERY ERNAKULAM DISTRICT. ADV.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 35549/2009. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE AMENDMENT IN PART III OF SECTION 4 OF the GAZETTE ON 30TH SEPTEMBER, 2003. P2. COPY OF THE COMPILATION OF THE AMENDMENT. P3. COPY OF THE COMMUNICATION DTD.22.10.09. P4. COPY OF THE PETITION DTD.22.10.09. P5. COPY OF THE ORDER DTD.23.10.09. P6. COPY OF THE PETITION TO R1. P7. COPY OF THE PETITION TO R2. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 35549 of 2009 ================== Dated this the 20th day of May, 2010 J U D G M E N T The petitioner is a first year M.B.B.S. student of the 3rd respondent's college. He did not pass in four attempts. He again appeared for the examination in 2008 along with regular batch as a supplementary candidate. His application was returned on the ground that there is prohibition as per the Regulations of the Medical Council of India in permitting a candidate to appear for more than four chances in first year MBBS. According to the petitioner, the stand taken by the University is without noticing the deletion of the regulation restricting appearance in examination to four chances for the first MBBS examination. The petitioner, therefore, seeks the following reliefs: “i) Issue a writ of mandamus directing the respondents 1 and 2 to value the first MBBS answer sheets of the petitioner for which the petitioner appeared along with 2008 regular batch in October 2009 and to publish the results. ii) Issue a writ declaring that in the light of the amendment of sub clause (3) of Regulation 7 of the Graduate Medical Education published in the Gazette on 30th September, 2003, there is no legal embargo for a candidate to appear in supplementary examinations to get a pass in first MBBS irrespective of the number of appearance and therefore the university is obliged to value the answer sheets and publish the results.” 2. On 9.12.2009, this Court passed the following interim order. “Admit. Sri.T.A.Shaji, the learned Standing Counsel takes notice for respondents 1 and 2. Sri.Tony George, Kannanthanam the learned counsel takes notice for the third respondent. w.p.c.35549/09 2 Heard the learned counsel appearing on both sides. On going through the writ petition and after hearing the submissions made at the Bar and also the amendment to the Regulations of the Medical Council of India, I am satisfied that the answer scripts of the First Professional MBBS Degree Examination held in October, 2009 in which the petitioner had appeared should also be valued along with the answer scrips of other students who had appeared in the examination. I accordingly direct the 3rd respondent to forward the answer script of the petitioner in a sealed cover to the Controller of Examinations, M.G. University. I also direct the Controller of Examinations, M.G University to take steps to have the petitioner's answer scripts also valued in the Centralised Valuation Camp. It is further clarified that the results of examination in so far as it relates to the petitioner need not be published until further orders.” 3. The petitioner has now filed I.A.No.6122/2010 seeking a direction to the University to declare the results. 4. I have heard the writ petition itself. 5. I have heard the learned Standing Counsel counsel for the University also. 6. In view of the documents now produced by the petitioner, it cannot now be disputed that the restriction regarding four chances for the first year MBBS examination is no longer in existence. That being so, it is only appropriate that the petitioner's results are duly published. Accordingly, it is declared that the petitioner has validly appeared for the examination. Consequently, there would be a direction to the University to declare the results of the petitioner for the year first year MBBS examination. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.35549/09 3