'Medical education requires strict adherence to attendance!': No HC relief to MBBS Student

Jodhpur: The Jodhpur bench of the Rajasthan High Court recently denied granting relief to an MBBS student, who was not allowed to appear in the MBBS examination as he failed to fulfil the attendance criteria.

Stressing the importance of attendance in the MBBS examination, the HC bench comprising Justice Vinit Kumar Mathur observed, "In the considered opinion of this Court, attendance in the MBBS examination is crucial. If a student has not acquired the requisite attendance in both theory and practicals, it would be detrimental to allow them to proceed with the course, particularly for the second-year examination. The MBBS degree is intended for those who will eventually treat human beings, making it of significant importance."

The petitioner qualified for the NEET examination and was allotted an MBBS seat at Government Medical College, Barmer for the year 2023. However, while attending the classes for the 1st year of the MBBS course, the petitioner was diagnosed with Dengue, and due to this, he could not attend his classes. 

After recovering from the illness, he regularly attended college. However, he was not allowed to undertake the MBBS 1st year examination. Despite this, he continued attending his classes and when he was not allowed to appear in the supplementary examination, he approached the High Court for relief.

The petitioner's counsel submitted that the petitioner's attendance was short on account of his illness and for other plausible reasons and therefore, he should have been allowed to appear in the supplementary examination.

Further, the counsel submitted that the policy, which was in existence before the petitioner's admission envisaged holding of remedial classes to complete shortfall of the attendance. However, the policy was discontinued after the petitioner's admission, and the new policy framed by the authorities did not provide for such an arrangement of holding remedial classes. The counsel argued that the petitioner was required to be allowed to appear in the supplementary examination.

He submitted that for no fault of the petitioner, he had to suffer the loss of one year. Further, the counsel pointed out that the 2023 policy was later withdrawn and the new policy, which was introduced in 2024, also envisaged for holding of the remedial classes. 

It was argued by the petitioner's counsel that only on the account of bad luck, the petitioner was not allowed to undergo the remedial classes and therefore, he was not in a position to complete his short-fall of attendance for reasons beyond his control and resultantly, he suffered the loss of one year.

Reliance was placed on a plea filed by a similarly situated candidate, who was allowed to undertake examination of MBBS first year along with the Second year MBBS course examination. Accordingly, the counsel urged the Court to allow the petitioner to undergo second-year MBBS course along with first-year MBBS examination.

On the other hand, the counsel for the National Medical Commission (NMC) and Rajasthan University of Health University (RUHS) argued that since the petitioner did not appear in the main examination on account of shortage of attendance, he could not be allowed to sit in the supplementary examination.

The counsel further submitted that since the police which was in vogue at the relevant time did not envisage holding of the remedial classes and therefore, no fault could be found with the authorities in not holding the remedial classes. It was further argued that the condition precedent for MBBS students to complete 75% attendance in theory and 80% in practical and clinical sessions for being eligible to appear in the University examination.

Since the petitioner had not fulfilled this requirement, he had been rightly debarred from appearing in the First Year Examination of MBBS, argued the counsel, further adding that the petitioner's counsel is distinguishable from the case of the other candidate, whose attendance was short only in one subject and therefore, the Coordinate bench allowed the concerned candidate to undergo his first year examination along with the second year examination.

In this respect, the counsel for the authorities argued that the petitioner's attendance is less than 75% in theory and 80% in practical/clinical sessions in all the subjects and therefore, no benefit could be extended to the petitioner in this case. Further, the counsel pointed out that the stay petition filed by the petitioner has also been dismissed by a coordinate bench by an order dated 22.10.2024 and therefore, at this stage, the petitioner could not be allowed to appear in the first year (Supplementary) Examination, 2024 while pursuing second year examination of MBBS course.

After considering the submissions made at the bar and going through the relevant record of the case, the HC bench noted that the petitioner was admitted to the MBBS Course in the year 2023 after passing the qualifying examination.

While undergoing the MBBS course, the petitioner was prevented from attending his classes as he was suffering from dengue. The similarly situated persons were also prevented from attending their classes for reasons beyond their control.

"For appearing in the MBBS First Year examination, a student is required to have 75% attendance in theory and 80% in practical/clinical sessions. Admittedly, in the present case, the petitioner could not attend requisite number of classes in the practical and theory, therefore, he was not allowed to sit in the first year Examination of MBBS. As there was no provision for holding remedial classes at that relevant time, therefore, in the present case, remedial classes were not held," noted the HC bench.

Opining that attendance in the MBBS examination is crucial, the HC bench observed,

"If a student has not acquired the requisite attendance in both theory and practicals, it would be detrimental to allow them to proceed with the course, particularly for the second-year examination. The MBBS degree is intended for those who will eventually treat human beings, making it of significant importance."

"While passing the order, this Court has kept in mind that the petitioner is pursuing a professional course and, upon obtaining the degree, will be obligated to serve as a doctor. The importance of maintaining the highest standards in medical education cannot be overstated, as it directly affects the quality of healthcare provided to the public at large. Medical education requires strict adherence to attendance to ensure that students are sufficiently equipped with the knowledge and practical skills to become competent practitioners. In this regard, the Court recognizes the petitioner’s role as a future healthcare provider and acknowledges the responsibility they will have in influencing the well-being of the community. The Court emphasizes that every nation must strive for academic excellence, especially in fields like medicine, which have a direct impact on public health. A society that allows widespread incompetency cannot thrive, and therefore, educational standards must not be allowed to be degraded to substandard levels," it added.

Accordingly, denying to grant any relief to the petitioner, the Court observed, "Since, the petitioner has not completed the requisite number of attendance for theory and practical and stay application of the petitioner has also been dismissed by a coordinate bench of this court vide its order dated 22.10.2024, therefore, no relief can be granted to the petitioners at this stage."

"In view of the discussion made above, the writ petitions filed by the petitioners are dismissed being bereft of merit," ordered the Court.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/rajasthan-hc-order-275826.pdf

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