IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 17131 of 2008(M) -------------------------- PETITIONER(S): ---------------------- BINUMOL ABRAHAM, S/O. T.J. ABRAHAM, AGED 21 THADATHIL HOUSE, AYARKUNNAM P.O., KOTTAYAM. BY ADVS. SRI.SANTHOSH MATHEW SRI. SATHISH NINAN RESPONDENTS: ----------------------- 1. THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI, UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 4. THE PRINCIPAL, MALANKARA ORTHODOX SYRIAN CHURCH, MEDICAL COLLEGE, KOLENCHERY, ERNAKULAM DISTRICT. 5. ADDL. R5 - THE MEDICAL COUNCIL OF INDIA, POCKET - 14, SECTOR - 8, DWARAKA PHASE - I, NEW DELHI - 110077 - IS IMPLEADED AS PER ORDER DATED 30.7.2008 IN I.A.9943/08 BY SRI. M.C.E. ALEXANDER THOMAS, SC. SRI. T.A. SHAJI, SC FOR MG UNIVERSITY, ADV. SRI.TONY GEORGE KANNANTHANAM FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17131 of 2008(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - PHOTOCOPY OF THE ORDER DATED 16.2.2007 SANCTIONING MEDICAL LEAVE TO THE PETITIONER. EXT.P2 - PHOTOCOPY OF THE LETTER NO. MOSC/MC/A4/2008 DATED 19.3.2008 SENT BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P3 - PHOTOCOPY OF THE LETTER NO. MOSC/MC/A4-18/2008 DATED 20.3.2008 SENT BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT. EXT.P4 - PHOTOCOPY OF THE JUDGMENT DTED 3.4.2008 IN W.P.(C) NO. 11360/2008 OF THIS HONOURABLE COURT. EXT.P5 - THE RELEVANT EXTRACT OF THE REGULATION SCHEME AND SYLLABUS OF MBBS COURSE IN MAHATMA GANDHI UNIVERSITY. EXT.P6 - PHOTOCOPY OF THE APPLICATION DATED 7.5.2008 SUBMITTED BY THE PETITIONER. EXT.P7 - PHOTOCOPY OF THE LETTER NO. A.C. AIV/2/404/2008 DATED 22.5.2008 ISSUED BY THE FIRST RESPONDENT TO THE 4TH RESPONDENT. EXT.P8 - TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL OF THE 4TH RESPONDENT. // TRUE COPY // PA TO JUDGE rhs ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 17131 of 2008 ------------------------------------ Dated this the 21st day of January, 2009 JUDGMENT Heard counsel for petitioner and the respondents. 2. The petitioner seeks a declaration that she is entitled to appear for the first year M.B.B.S examination scheduled to be held in August 2008, along with 2007-2008 batch of students. In the first year of her studies, petitioner had only 58% attendance and hence, was ineligible to appear for the University Examination. According to the petitioner and as certified by the College, she had also attended 1st year classes in the succeeding academic year and made up the shortage. It is in that basis, she seeks the reliefs in this writ petition. By an order dated 18/08/2008, this court directed the respondents to allow the petitioner to write the examination, provisionally and subject to further orders. 3. Medical Council of India, has now by its letter dated 1/10/2009 clarified that the petitioner can be considered to appear for the first year of M.B.B.S examination along with 2007-2008 batch of students, provided she fulfills 75% attendance requirement laid down W.P.(C) No. 17131/ 2008 2 in Chapter IV, Regulation 12(1) of the Graduate Medical Education, 1997 as amended in 2003, which is extracted below for reference; “ 12(1) ATTENDANCE: 75% attendance in a subject for appearing in the examination is compulsory inclusive of attendance in non- lecture teaching i.e. seminars, group discussions, tutorials, demonstrations, practicals, hospital (Teritary, Secondary, Primary) posting and bed side clinics etc.” The 4th respondent, Principal of the College has issued a certificate to the following effect. “ This is to certify that Miss. Binumol Abraham is a bonafide student of this Medical College, she having been admitted to the MBBS Course on 26/7/2006. Since she was not permitted to register for the University Exams with the 2006-2007 batch students, she was asked to attend classes with the 2007-08 batch. Her total percentage of attendance in the three subjects is as follows: W.P.(C) No. 17131/ 2008 3 Sl.No. subject Total attendance percentage Theory Practical 1 Anatomy 86.29 84.44 2 Physiology 86.39 83.72 3 Biochemistry 81.18 90.48 4. From the certificate issued by the 4th respondent, it is evident that the petitioner satisfies the requirement of the Regulation 12 (1) extracted above. 5. On the materials available, I have no reason to doubt the genuineness of the certificate issued by the 4th respondent. From the certificate, it is evident that the petitioner has attended the 1st year class along with 2007-2008 batch and thus made up the shortage of attendance, which occurred in the previous year due to the ailment that she suffered. 6. On the other hand, if the interpretation that is now canvassed by the University is accepted, the student will have to now seek readmission and undergo the course in the 1st year afresh from 2008-2009 and thereafter attend the remaining course also. This will result in the student loosing 3 to 4 years. Such an interpretation is too harsh and therefore cannot be preferred in the factual background of W.P.(C) No. 17131/ 2008 4 this case. 7. In view of the above, it is directed that results of examination written by the petitioner pursuant to the order dated 18/08/2008 will be declared by the University on the production of copy of this judgment. In view of this stand taken by the Medical Council as above, challenge against Exhibit P7 has to be upheld and the said order is quashed. Writ petition is disposed of with the above direction. ANTONY DOMINIC, JUDGE scm