HC Sets Aside Court Order Asking YSR University to Prepone MBBS Exams, Declare Results before August 08
Amaravati: The High Court bench of Andhra Pradesh recently set aside a order by a single bench directing the Y S R University of Health Sciences, Vijaywada for holding the supplementary and practical examinations of the 4th year MBBS Part II for the year 2022-2023 and declare the results on or before August 08.
A Division bench of Acting Chief Justice A.V. Sesha Sai and Justice R. Raghunandan passed this order while observing that the guidelines as issued by the erstwhile Medical Council of India made it mandatory for the medical universities across the country to conduct supplementary examinations within 6 months of the publication of results in the primary exam.
Setting aside the single bench order, the division bench of court noted, "However, the regulation states that the supplementary examination is to be held not later than six months after the publication of the results. In the present case, the results were published only in February of 2023. This would mean that the supplementary examinations can be conducted in August, 2023. In the circumstances, the contention that examinations cannot be conducted in August, 2023 would have to be rejected."
Further, the bench pointed out that while fixing the schedule of the examination, the University would have to consider various requirements and observed, "...this Court cannot interfere in the exercise of such administrative discretion unless such a decision is perverse or so unreasonable as to violate Article 14 of the Constitution of India. We do not find any such unreasonableness or arbitrary exercise of discretion."
"In the circumstances, we do not find any reason to interfere with the schedule of examinations fixed by the appellants. Consequently the directions of the learned Single Judge require to be set aside," ordered the division bench.
The matter concerned eight students from the YSRF University of Health Sciences who could not pass the final year MBBS Part-II (Theory and Practicals) examinations held by the University in December-2022/January-2023.
They approached the High Court with the complaint that the practical examinations were not conducted properly and a very large percentage of students had failed. While considering their case, a single judge bench had ordered to re-conduct the practical examinations in three subjects including General Medicine, General Surgery, and Pediatrics.
Due to the re-conduct of practicals in April, the University deferred the supplementary MBBS examinations from the months of May to the months of August/September. However, this was again challenged by the students. Approaching the High Court bench once again, they demanded preponement of the supplementary examinations as they pointed out that conducting the supplementary tests in August, 2022 would violate the MCI guidelines that stipulated that examinations cannot be conducted beyond six months from the primary examinations which was conducted in Decmber-2022/January-2023.
On the basis of the HC order, which asked the University to show sympathy to the students, the University preponed the examinations. It was decided that the examinations would be conducted from 20.07.2023 to 02.08.2023 with practical examinations being held from 09.08.2023 (tentatively).
However, aggrieved by this fresh notification, the students again approached the High Court bench and contended that the fresh notification still violated the MCI guidelines. They pointed out that if the exams were held in July/August, they would not be eligible to appear in NEET PG 2024 examination unless they had passed MBBS 4th year on or before 11.08.2023 and consequently completed their one year internship by 11.08.2024.
Considering their case, a single judge bench of the High Court passed an interim direction on 28.06.2023 asking the University “to complete the subject supplementary examinations and practical examinations without any break as requested by the petitioners and declare the results on or before 08.08.2023 in the interest of justice.”
Aggrieved by this order, the University approached the Division bench of the High Court. Sri G.Vijay Kumar, the counsel for the University submitted that supplementary examinations have to be conducted for all the students who have failed in the primary examination, in about 18 colleges, all over the State. He further submitted that the schedule of the examination was fixed after considering all the issues and logistics.
It was also pointed out by the University's counsel that they also accommodated the request of the students by preponing the exams to the maximum extent possible.
Further, he argued that the decision regarding the schedule of the examinations etc. would be in the domain of the University and any direction to hold the exams on a particular date would cause immense disruption in the work of the University.
Apart from this, the counsel further submitted that the cut off date of 11.08.2024, cited by the students is not based on any official proceedings and is a date that was provided by a private coaching institute.
Meanwhile, Advocate Vivek Chandrasekhar, the counsel appearing for National Medical Commission, contented that the usual cut-off dates for any NEET P.G. Entrance Examination for the past few years has been between March to April of the year and it is only in 2021 that the cutoff date was fixed in June of the year on account of the impact of the Covid pandemic.
He further submitted that the the National Board of Examinations (NBE) conducts the NEET PG examination and NBE has not notified any such cut off date. It was further submitted by him that usually the NEET PG Entrance Examinations are conducted in the months of March/April and candidates appearing for such examinations are permitted to join the PG medical courses only if they are able to obtain permanent registration with the Medical Council of India within one month of such admission. He further submitted that this would require the candidates appearing for the entrance examination after to finish their internship by April or May of the year and the question of fixing a cut off date in August would not arise.
Meanwhile, the counsel for the students contended that the MCI Guidelines mandated that the supplementary examinations are held within six months from the primary exams. She further argued that the University did not have any administrative difficulty in preponing the examinations but the exam was actually postponed only for the purpose of accommodating the unsuccessful students of 3rd year MBBS students.
Taking note of the submissions, the HC bench observed that the contentions of the students that the exam examinations have to be conducted and results also declared before 11.08.2023 is based on an apprehension that the cutoff date by which the candidates should complete their internship would be fixed as 11.08.2024 which would require them to pass 4th year examination by 11.08.2023.
"This apprehension is on the basis of some private websites belonging to coaching organizations and private organizations setting out such a cutoff date," noted the bench.
"The print out produced by the respondents 1 to 8, to demonstrate that the cutoff date is 11.08.2024, is a print out from a private website. This print out cannot be treated as an authentic source of information on the basis of which this Court can accept 11.08.2024 as the cutoff date," it further clarified.
The High Court bench further noted that the students "...failed to demonstrate either of the primary contentions that conduct of supplementary examinations in August, 2024 would be beyond the time stipulated by the Medical Council of India or that the cutoff date for qualifying for the NEET P.G Entrance Examination of 2024 would be 11.08.2024."
Therefore, the bench allowed the appeal by the University and set aside the single bench order and noted, "It is settled law that any person who approaches this Court, under Article 226 of the Constitution of India, would have to demonstrate a violation of his or her rights and an action which is arbitrary or violative of any regulations or provisions of law by the respondent authorities. In the present case, there has been no violation of any regulation by the 1st respondent in fixing the fresh schedule under the notification of 20.06.2023."
"Further, the petitioners do not have any right for fixation of a particular date for conduct of examination. Any such right that could have been claimed on the ground of the cutoff date being 11.08.2024 is also not available, as the respondents 1 to 8 have not produced any material before this Court to show that 11.08.2024 would be the cutoff date," the bench further observed.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/andhra-pradesh-high-court-214249.pdf
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