IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11738 of 2008 Between: S.Sreenivasulu S/o.S.Chandra Sekhar R/o.Door No.1/14,Sanjeevareddy Palle, Duvur(M) Kadapa District ..... PETITIONER AND 1 Government Of Andhra Pradesh Rep.by its Principal Secretary,Department of Health Secretariat Buildings Hyderabad 2 Dr.NTR University of Health Sciences Vijayawada Rep.by its Vice- Chancellor 3 Dr.NTR University of Health Sciences Vijayawada Rep.by its Registrar 4 Kurnool Medical College Kurnool Rep.by its Principal .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any writ,order or direction preferably a writ in the nature of Mandamus declaring the action of the NTR University of Health Sciences Vijayawada in issuing the Academic Calender 2008 in so far as it relates to conduction of the final examination of the 1st year MBBS from 22-07-2008 as being arbitrary violative of Article 14 of the constitution of India and also being violative of the regulations viz the Revised Regulations for the MBBS course of the NTR University of Health Sciences Vijayawada and consequently direct the respondents to adhere to the regulations by postponing the examination of the 1st year MBBS course scheduled to be held from 22-07-2008 pending disposal of the wp and to pass Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : O R D E R: 1. This Writ Petition has been filed by S.Sreenivasulu, a student of 1st year M.B.B.S course with a prayer seeking issuance of a Writ of Mandamus declaring the action of 2nd respondent-Dr.NTR University of Health Sciences, Vijayawada represented by its Vice-Chancellor in issuing academic calendar 2008 so far as it relates to conduct of final examinations of 1st year M.B.B.S course from 22.7.2008 as being arbitrary and violative of Article 14 of the Constitution of India. 2. The averments in the affidavit filed in support of the writ petition, in brief, are: The petitioner passed Intermediate examination conducted by the Board of Intermediate, Andhra Pradesh and appeared for EAMCET for the year 2007. He secured 1610 rank and got admission in Kurnool Medical College, Kurnool-4th respondent. He is studying 1st year MBBS course in the 4th respondent-college. In the State of Andhra Pradesh there are 30 medical colleges in all. Out of which, 11 are Government medical colleges and 19 are private medical colleges. The academic year of the students who secured admission in the 1st year MBBS course during the academic years 2005-06 and 2006-07 started from the month of August in their respective years. They appeared for the 1st year MBBS examinations conducted by 2nd respondent-University in the month of September, 2006 and 2007 respectively. The academic year of the student joined in the year 2008 will commence from 1st of August, 2008. Regulations framed for the MBBS course are called as “The Revised Regulations for the MBBS Course of the NTR University of Health Sciences, Vijayawada”. These regulations are applicable from the academic year 1998-99 onwards. Two significant regulations are; (i) duration of the course; and (ii) attendance. The duration for the study of Bachelor of Medicine and Bachelor of Surgery (MBBS) is 4 ½ years followed by 1 year compulsory rotation internship. The course should commence on 1st of July of the academic year, but for the past several years this has not been happening and the courses are being commenced in the month of August of the respective academic year. Under the Regulations a student should have a minimum attendance and there should be four internal assessments and the gap between the last internal assessment and the final examination of 1st year MBBS course should be three months. When the petitioner appeared for common entrance examination there was no academic calendar prescribed. It is only after he joined the 4th respondent-college in the month of August, 2007, the 3rd respondent-University issued academic calendar for the year 2008 in the month of April, 2008. As per the Academic calendar, the University intends to conduct 1st year MBBS examinations from 22.7.2008. The academic calendar is in utter breach of University regulations in so far as the completion of internal assessment. Four internal assessments have not been completed. There is no three months gap between the final internal assessment and final year examination of 1st year MBBS course as per the guidelines issued by the University. Because of not having three months gap between the final internal assessment and final examination, several students including the petitioner could be the sufferer of the regulation of attendance for no fault of them. The University having framed the regulations and made it categorically clear that the revised regulations are applicable from 1998- 99 has no option but to follow the same strictly. The 4th respondent- College could only complete two internal assessments by virtue of the academic guidelines given for the first time in the month of April, 2008. The 4th respondent-College hurriedly rushing with the syllabi and has no option except to do so because of the directions of the University. The examinations are scheduled to be held from 22.7.2008. It will be difficult for the students to write the examination without completion of the course of study and thee would not be three months gap as prescribed by the last internal assessment and final examination of 1st year MBBS course. Therefore, the action of the University in conducting 1st year MBBS course examination from 22.7.2008 is in utter breach of their own regulations. The petitioner along with the persons similarly situated submitted representation to the 2nd respondent. There being no action on their representation, the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India with the prayer as stated supra. 3. When the writ petition came up for admission Sri.D.V.Nagarjuna Babu, learned Standing Counsel appearing for respondent Nos.2 and 3 took notice. Despite notice to 4th respondent, he entered appearance neither in person nor through a counsel. 4. 2nd and 3rd respondents filed counter affidavit. Dr.T.Venugopala Rao, Registrar of Dr.NTR University of Health Sciences, Vijayawada has sworn to the affidavit. It is stated in the counter affidavit that the release of the academic regulations by the University is age old practice. The petitioner knew about the examination schedule well in advance and he approached this Court with a plea of postponement of examination at a belated stage. According to the Medical Council of India Regulations, the 1st year examination is to be conducted during the second semester i.e. within one year from the start of 1st year classes and in compliance of the Medical Council of India regulations, exams are scheduled from 22.7.2008, which is well within the time prescribed by the Medical Council of India Regulations. The maximum number of internal assessment examinations shall be four in each subject within which atleast one will be in practical. The last internal exam should be completed before three months of the examination. After the schedule of examination has been released, no Principal has raised any objection on any count. The classes for 1st year MBBS course commenced from 1.8.2007. As per the MCI Regulations, the duration of the certified study of the MBBS course shall be 4 ½ years followed by one year compulsory rotating internship. The period of 4 ½ years is divided into nine semesters, each semester is of 6 months duration consisting of three phases. The theory examination during 1st professional examination shall be held during second semester. Hence, the examination for 1st year MBBS course for the students is fixed to start from 22.7.2008. No requests are received from any of the Principals for postponement of examinations scheduled from 22.7.2008. 5. When the writ petition came up for admission hearing, with the consent of the parties, the writ petition itself is taken up for final disposal. 6. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for 2nd and 3rd respondents. 7. Learned counsel appearing for the petitioner submits that there is no gap of three months between the completion of last internal assessment and the 1st year MBBS examination and therefore the University examination proposed to be held from 22.7.2008 is required to be postponed. A further submission has been made that the course study is being pushed through without giving scope for proper understanding to the students so as to make it appear on completion of the course before the scheduled date of final examination. In a way he submits that the instructions on the subjects stipulated in the 1st year MBBS course are insufficient and ultimately the petitioners and similarly placed persons are put to disadvantage. He would also contend that three months period stipulated between the completion of last internal assessment and commencement of 1st year final examination of MBBS course enables the students to understand the subject properly and prepare well for the final examination. Since three months period has not been kept up, the final examination scheduled to be held from 22.7.2008 is required to be postponed. He laid much emphasis on Regulation 10 of Regulations for MBBS Degree Course applicable to students who are admitted to the course from the academic year 1998-99 onwards. Regulation 10(A) reads as under: “ A) General including 1st MBBS: A student must secure atleast 50 % marks of the maximum marks fixed for internal assessment in a particular subject to be eligible to appear for the final University exam of that subject. Regular, periodical notified examinations with, notified syllabus shall be conducted. Minimum number of internal assessment exams shall be four in each subject out of which atleast one will be in Practical / Clinicals. After ignoring the marks of the examination in which the candidate got the least marks, the average marks of the remaining examinations will be counted and computed for the overall internal assessment marks in the subject. If only one practical examination is conducted, those marks are mandatory for considering the internal assessment marks. If the candidate is absent for any of the exams, the marks in that exam shall be taken as zero. The internal assessment marks shall be displayed in the notice board and shall be dispatched to the University soon after each internal assessment examination. The last internal assessment exam should be completed three months before the University examinations and the computed internal assessment marks should be sent the University one and half months before. While forwarding the examination application forms of the students, the Principals should check the attendance and internal assessment marks and should send the application forms of only eligible students. The internal assessment marks will be used by the University for calculating aggregate marks only. The internal assessment examination for the referred/ failed students may be conducted twice before he/she appears to the examination and the better one of the two will be taken as internal assessment marks. Internal assessment marks of the student at the time of first appearance will be compared with the marks obtained as a referred at present appearance and the higher of the two will be taken as his/her internal assessment marks. Each of Anatomy of Physiology and Biochemistry is allotted 40 marks towards internal assessment.” 8. Learned Standing Counsel appearing on behalf of 2nd and 3rd respondents submits that none of the Principals of the colleges raised any objection with regard to commencement of 1st year MBBS examinations scheduled from 22.7.2008 and therefore it is impermissible to the petitioner to contend that the last final internal assessment has not been completed well before the period as provided in the Regulations. He further submits that the internal assessment is based on day today assessment, evaluation of the students assignment, preparation for seminar, clinical case presentation etc. He refers to Graduate Medical Education, 1997 issued by Medical Council of India. The relevant regulation which deals with internal assessment reads as hereunder: “ 12. Examination Regulations: (1)………. (2) INTERNAL ASSESSMENT: (i) it shall be based on day to day assessment (see note), evaluation of student assignment, preparation for seminar, clinical case presentation etc; (ii) regular periodical examinations shall be conducted throughout the course. The question of number of examinations is left to the institution; (iii) day to day records should be given importance during internal assessment; (iv) weightage for the internal assessment shall be 20 % of the total marks in each subject; (v) student must secure at least 50 % marks of the total marks fixed for internal assessment in a particular subject in order to be eligible to appear in final University examination of that subject. 9. It is explicit from the above referred to regulation that the internal assessment is based on the performance of the candidate during the course of study. Even as per the regulation on which much reliance has been placed by learned counsel appearing for the petitioner, the Principal should check the attendance and internal assessment marks and send the application forms of only eligible students. It is not the grievance of the petitioner that his application for examination has not been forwarded nor the University refused to give him hall ticket. The petitioner knew about the academic calendar well in advance. There is no complaint from any of the Principals of the colleges that the academic calendar is not in tune with the regulations nor any representation has been made that course study is not completed as provided in the regulations. Therefore, the contention of the petitioner that conducting 1st year final examinations of MBBS course from 22.7.2008 is contrary to the regulations has no merit. 10. In view of the above, this writ petition fails and the same is dismissed at the admission stage. No costs. 18th July, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}