HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2729 of 2011 Date : 04.03.2011 Between : P. Bhargav. …..Petitioner And M.N.R. Medical College & Hospital, Sangareddy, rep. by its Dean/Principal & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2729 of 2011 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, directing the 2nd respondent to accept his application for the entrance examination to be held on 06.03.2011 or on any other date, for entry into Postgraduate Medical Courses for the academic year 2011-12. 2. The petitioner joined in MBBS course during the academic year 2002-03. He has completed the course and joined in one year internship. Petitioner will be completing the internship by 22nd of April 2011. The 2nd respondent-University has issued notification along with the prospectus for admission into postgraduate medical degree and diploma courses for the academic year 2011-12. In the prospectus for admission, the 2nd respondent has notified the eligibility criteria in Clause 3. As per Clause 3.3 of the prospectus, a candidate to be eligible to write the entrance examination, should have completed the internship on or before 31.03.2011. As the petitioner is completing his internship by 22nd of April 2011, and as he is not eligible as per the notification issued by the 2nd respondent-University, the present writ petition is filed. 3. During the study of the MBBS course, in the examinations held in the month of February 2010, the petitioner was detained in Medicine subject. Earlier, the petitioner approached this Court in W.P.No.2568 of 2010, wherein, it was the case of the petitioner that there was no need for appearing for internal assessment examination again as per the then existing regulations, as the internal assessment marks are mandatory for the referred candidates also. However, it is to be noticed that in the said writ petition, interim orders were passed for conducting internal examination for the petitioner herein, and consequently, a separate examination was conducted and he was declared pass, but ultimately, when the writ petition came up for hearing, it was disposed of on the ground that pursuant to interim directions, petitioner was allowed to write the examinations and his results were announced. 4. In this writ petition, it is the case of the petitioner that as there was some delay on the part of respondents in issuing the certificates, he could not start his internship along with the other candidates. It is the case of the petitioner that as he will be completing his internship by 22nd of April 2011, and as the postgraduate courses will commence in the month of May 2011, there is no reason for not allowing him to write the entrance examination. 5. Counter affidavit is filed by the Registrar of the 2nd respondent-University. While denying the various allegations made by the petitioner, it is stated that the Medical Council of India, vide letter No.23(1)/2003-MED/4276, dated 08.05.2004, communicated the schedule for admission into postgraduate medical degree and diploma courses. It is stated that the 1st round of counseling is to be over by 10th of April 2011 and the last date for joining the allotted college and course is 17th of April 2011. It is submitted that the cut off date notified by the respondents for completion of internship is 31.03.2011, and it has got direct nexus to the admission schedule given by the Medical Council of India. It is further stated that the internship is part of the MBBS curriculum and the candidates, who have passed the MBBS course, have to undergo one year internship. 6. The learned counsel for petitioner has placed on record the notification issued by the Medical Council of India, prescribing the time schedule for completion of admission process for postgraduate medical courses. As per the time schedule, the 1st round of counseling is to be completed by 10th of April 2011 and the last date for joining the allotted college and course is notified as 17th of April 2011. Further, for the purpose of admission to postgraduate courses, Statutory Rules are framed in G.O.Ms.No.260, dated 10.07.1997, in exercise of powers under Section 3 read with Sub-Section (1) of Section 15 of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983. Rule 6(1) of the aforesaid Rules reads as under: “6 (1): Candidates who have passed the MBBS examination recognized by the Indian Medical Council and who will complete internship on or before the dates specified in the Regulations of University of Health Sciences, are eligible to apply, subject to fulfillment of the conditions stipulated in Rule 4.” The aforesaid rule clearly empowers the University to fix a cut off date, which is to be specified in the notification, keeping in view the time schedule for completion of admission process as notified by the Medical Council of India, and accordingly, the respondents have fixed the date as 31.03.2011, as a cut off date. In that view of the matter, even according to the petitioner, he will be completing his internship by 22nd of April 2011, as such, he is not eligible to appear for postgraduate entrance examination as per the notification issued by the respondents. Although it is the case of the petitioner that there was a delay on the part of respondents in issuing the certificates, but in the earlier writ petition filed by the petitioner, there was no finding by this Court with regard to the mistake on the part of the University in issuing the certificates to the petitioner. The petitioner is a referred candidate in MBBS course as he has not passed in the subject of Medicine, along with the other regular students, and when he was asked to appear for the internal assessment examination again, he approached this Court, stating that there is no need to write the internal examinations again. However, it is to be noticed that pursuant to the interim orders, a separate internal assessment examination was conducted and taking such marks into account, the petitioner was declared passed. In that view of the matter, it cannot be said that there was delay on the part of respondents in issuing certificates to the petitioner. When the cut off date is notified keeping in view the time schedule issued by the Medical Council of India for admission into the postgraduate medical degree and diploma courses, no direction can be granted, which will disturb such time schedule. 7. For the aforesaid reasons, I do not find any merit in this writ petition, for grant of directions as prayed for. Writ petition is accordingly dismissed. No costs. ______________________ R. SUBHASH REDDY, J 4th March 2011 ajr