THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.17254 OF 2010 ORDER: The two petitioners were granted admission into the 1st MBBS course during the academic session 2009-10. It is stated that both the petitioners have attended to the internal examinations conducted by the college. But, however, when the 1st respondent – University has proposed to conduct the annual/year end examinations from 20th July 2010, they were informed that they have been detained in the 1st year due to shortage of attendance of 75%. The petitioners assert that they have secured more than 50% of marks in the internal examinations and hence they are reasonably certain of their performance at the annual examinations. The action of the respondents in detaining the petitioners is faulted in this writ petition. The Registrar of the 1st respondent – University, in paragraph (3) of the counter affidavit filed on behalf of the 1st respondent has stated that the 1st petitioner has attended to 69% of theory classes and 36% in practical classes in Biochemistry subject while the 2nd petitioner has attended 59% in theory and 40% of practical classes in Biochemistry subject and 57% of attendance in theory and 62% in practical in Physiology subject and hence the petitioners have been detained from appearing for the said examinations as the Medical Council of India which framed regulations on Graduate Medical Education, 1997, has specified in Regulation 12 that a candidate to get qualified to appear for the examinations should necessarily put in 75% of attendance in each subject. Since the regulations framed by the Medical Council of India have statutory force, the petitioners could not be permitted to appear for the examinations for want of shortage of minimum attendance required. The question that falls for consideration is whether there is any provision or scope for the 1st respondent – University to enable the petitioners to appear for the year end examinations without their putting in the requisite percentage of 75% of attendance in both theory and practical classes. As was noticed supra, Regulation 12 of the concerned regulations framed by the Medical Council of India impose the compulsion on every student who put in a minimum of 75% of attendance in both theory and practical classes. There is any amount of good sense in fixing this minimum percentage of attendance to be put in by students pursuing medical education. During the training and education, every medical student is required to pay whole time and full time attention on both theory and practical classes. The curriculum contained requires them to deal with various diseases and ailments that afflict the human body. As a part of training, therefore, they need to pay whole time attention to both theory and practical classes. If one does not acquire the necessary degree of proficiency in theory and practical classes, it will be difficult to expect them to be equipped competently enough to deal with the patient care later on. Therefore, keeping this larger public interest in mind, the Medical Council of India has specified the minimum requisite attendance by the medical students at 75%. By prescribing the 75%, the Medical Council of India was alive to the fact that the students themselves might fall sick or there could be unforeseen circumstances which prevent them, sometimes to attend the classes. Hence, the regulations have provided for a cushion of 25% for such causality. 75% of minimum attendance is required according to the Expert Body viz., the Medical Council of India would enable the students to properly and carefully pay attention to the course curriculum and content. Without doing so, no student can claim to have received adequate knowledge to treat with the human ailments and diseases. Hence, there cannot be any exception to exempt students from not even putting this requisite percentage of attendance to appear at the examinations. The 1st respondent – University has not been empowered to condone any shortfall of attendance beyond the minimum percentage prescribed by the Medical Council of India viz., 75%. Therefore, the action of the 1st respondent in detaining the petitioners herein in Bio-chemistry and Physiology subjects cannot be faulted. The writ petitioner therefore is devoid of any merit and it is accordingly dismissed. However, if the petitioners attend to the classes once again and putting the requisite 75% of attendance, the respondents will permit the petitioners to appear for the examinations in Bio-chemistry and Physiology subjects. The writ petition is therefore dismissed. No costs. --------------------------------- Nooty Ramamohana Rao, J knk 23rd November 2010