* THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY + WRIT PETITION NO. 5870 of 2008 % 01-07-2008 # S.S.Sabitha Rani PETITIONER VS. $ 1.The Registrar, Dr.N.T.R. University of Health Sciences, A.P., Vijayawada, Krishna Dt. & Anr. ..RESPONDENTS ! COUNSEL FOR PETITIONER: MR.B.KAMALAKARA RAO ^COUNSEL FOR RESPONDENT No.1:MR.D.V.NAGARJUNA BABU COUNSEL FOR THE RESPONDENT No.2: MR. G.MOHAN RAO < Gist: > Head Note: ? CITATIONS: IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5870 of 2008 Between: S.S Sabitha Rani D/o.S.D Sudharshan R/o.Girls Hostel, Chalmeda Anand Rao Institute of Medical Sciences Bommakal Karimnagar Dist ..... PETITIONER AND 1 The Registrar Dr.N.T.R University of Health Sciences A.P Vijayawada Krishna Dist 2 The Principal Chalmeda Ananda Rao Institute of Medical Sciences Bommakal Karimnagar Dist .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not permitting the petitioner for the examinations of the Final Year part II held on 25 th and 27th 2008 and again 4th April and 8th April 2008 is illegal arbitrary and unjust and further direct the respondents to permit the petitioner to write the examinations on 25th 27 th March 2008 and 4th and 8th April 2008. Counsel for the Petitioner: MR.B.KAMALAKARA RAO Counsel for the Respondent No.1: MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.2: MR.G.MOHAN RAO The Court made the following : ORDER: The petitioner joined in 4½ years M.B.B.S. course in the Chalmeda Anand Rao Institute of Medical Sciences, Bommakal, Karimnagar-2nd respondent, on 14.11.2003. She completed her final year course of study. Her name was shown in the college notice board on 08.03.2008 stating that she was short in attendance for the period from 22.12.2005 to 31.12.2005 and 29.07.2006 to 18.08.2006, as such she was not eligible to take Part II of the final year M.B.B.S. examinations. She approached the Principal of the Chalmeda Anand Rao Institute of Medical Sciences, Bommakal, Karimnagar-2nd respondent with medical certificate issued by Dr.P.V.N.Murthy, M.D. She was advised by the Principal of the Chalmeda Anand Rao Institute of Medical Sciences, Bommakal, Karimnagar-2nd respondent to approach the Registrar, Dr. N.T.R. University of Health Sciences, A.P., Vijayawada-1st respondent. She was not permitted to take examinations in two subjects namely – 1.Medicine, 2. Obstetrics and Gynecology, scheduled to be held on 25th and 27th March, 2008. Hence, she filed the writ petition seeking Mandamus declaring the action of the respondents in not permitting her to take final year Part II examinations of M.B.B.S. Course as illegal and arbitrary. 2. When the writ petition came up for admission on 24.03.2008, while ordering notice before admission to the respondents, respondents were directed to permit the writ petitioner to appear Part-II of final year examinations of M.B.B.S. course. The order passed on 24.03.2008 reads as hereunder: “Notice before admission returnable in four weeks. Respondents are directed to permit the writ petitioner to appear for final year Part-II, final examinations including the practical and theory and valuate her performance at the examinations, but, however, the pass certificate may not be issued to the writ petitioner, pending further consideration. Post after four weeks.” 3. The respondents 1 and 2 entered appearance and filed counter affidavits. The Registrar, Dr.NTR University of Health Sciences, A.P., Vijayawada-1st respondent filed W.V.M.P.No.1124 of 2008 with a prayer to vacate the interim order, dated 24.03.2008. 4. The counter-affidavit of the 1st respondent in brief is:- The petitioner is falling short of attendance in Obstetrics and Gynecology and therefore, she is ineligible to take current examination in the said subject. She has been allowed to appear all the subjects except Obstetrics and Gynecology due to shortage of attendance in the said subjects. The representation stated to have filed by the petitioner on 13.03.2008 does not appear to have been received by the 1st respondent-University so far and hence, action could not be taken on it. 5. The counter-affidavit and additional counter-affidavit of the 2nd respondent in brief is: The petitioner has not secured minimum 75% of attendance in each subject to be eligible to appear for current examination. The petitioner has only 66% of attendance in Obstetrics and Gynecology and therefore, she is ineligible to appear for Obstetrics and Gynecology examinations in the current year. However, the petitioner was allowed to write the examinations as per the interim order dated 24.03.2008, but the result was withheld. The relevant portion of the additional counter-affidavit needs to be noted and it is thus: “It is respectfully submitted that as per MCI and NTRUHS norms clinical and clinical postings (medicine, surgery, orthopaedic & Gynecology) starts from the fourth semester i.e. after six months of passing of first year MBBS. The prescribed teaching hours for the clinical subjects excluding clinical teachings are as follows: (Page 123 and 124 of the NTRUHS hand book for students) General surgery – 300 hours General medicine – 300 hours Paediatrics – 100 hours Orthopaedics – 100 hours Obstetrics and Gynecology –300 hours It is submitted that as the teaching hours for the above subjects are more, the teaching for the above subject’s starts from the fourth semester as prescribed by MCI and NTRUHS and examination is held at the end of 9th semester. The attendance from the 4th semester to 9th semester is taken into account for the purpose of calculating the attendance. The minimum attendance prescribed by the University is 75% in order to be eligible to appear for the examination. Since the petitioner is having only 66% attendance in Obstetrics and Gynecology subject, she is not eligible to appear for the said examination.” 6. When the vacate stay petition came up for consideration, counsel for the parties consented for disposal of the main writ petition itself. Hence, heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 1st respondent-University and learned counsel appearing for the 2nd respondent-Institution. 7. Learned counsel appearing for the petitioner submits that the petitioner has required attendance in all the subjects and therefore, the action of the respondents in not permitting her to appear for examination in Obstetrics and Gynecology is arbitrary and illegal. A further submission has been made that the petitioner submitted medical certificate for the period she remained absent and if that period is treated as authorized absence, she would get required attendance. 8. Learned Standing Counsel appearing for the 1st respondent- University submits that as per the attendance particulars given by the 2nd respondent-Institution, the petitioner has put in 66% attendance in Obstetrics and Gynecology and therefore, she is ineligible to appear for examinations in the current year. 9. Learned counsel appearing for the 2nd respondent-Institution submits that the petitioner has not put in minimum attendance in Obstetrics and Gynecology and therefore, she is ineligible to take examinations in the current year. 10. Since the dispute is with regard to percentage of attendance of the petitioner in Obstetrics and Gynecology, 2nd respondent-Institution has been directed to place on record the attendance register. Accordingly, the 2nd respondent-Institution produced the attendance register. Based on the attendance register, the 2nd respondent has issued the attendance certificate, which reads as hereunder: “ATTENDANCE OF MS. SABITHA RANI S.S., FINAL YEAR PART-II AS PER DR.NTR UNIVERSITY OF HEALTH SCIENCES Subject Total No. hours of Teaching as per Dr.NTR UHS No. of hours attended by the Student Percentage Gen. Surgery 360 270 75% Gen. Medicine 329 256 78% Paediatrics 100 75 75% Obstetrics & Gyneacology 300 198 66% Due to lack of attendance, she was detained in Obstetrics and Gyneacology.” Learned counsel appearing for the petitioner has been permitted to go through the attendance register. The learned counsel, after going through the attendance register, is not able to point out any lapses therein. Therefore, the attendance register is accepted as true and correct. The attendance certificate issued by the 2nd respondent, which is referred above, is after going through the attendance register. As per the attendance register, the petitioner has only 66% in Obstetrics and Gynecology. As per the regulations for MBBS degree course issued by the 1st respondent-University, minimum percentage of attendance required is 75%. When the petitioner has no required percentage of attendance, she cannot found fault with the respondents in not permitting her to write examination in Obstetrics and Gynecology in the current year. Therefore, the action of the respondents in not permitting the petitioner to writ Obstetrics and Gynecology examinations in the current year cannot be termed as arbitrary and illegal. 11. Accordingly, the writ petition is dismissed at the admission stage. The respondents are at liberty to release the result of the petitioner in respect of the subjects other than the Obstetrics and Gynecology. No costs. Learned counsel appearing for the petitioner submits that the petitioner made a representation to the 1st respondent-University seeking relaxation of the minimum attendance. This order does not preclude the 1st respondent-University to consider the representation and pass appropriate orders. ______________________ B.SESHASAYANA REDDY, J. Date:01st July, 2008. Note: L.R. copy to be marked. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}