IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.39752/2019 (EDN – EX) BETWEEN :
Dr. TARUN CHOWDARY GOGINENI S/O Dr. PRADEEP KUMAR, AGED ABOUT 30 YEARS DEPARTMENT OF SURGICAL ONCOLOGY, VYDEHI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, BANGALORE-560041 ...PETITIONER (BY SMT.NALINA MAYEGOWDA, ADV.) AND :
1 . THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T-BLOCK, JAYANAGAR, BANGALORE-560041, KARNATAKA REP BY ITS REGISTRAR 2 . THE VYDEHI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, 82, NEAR BMTC 18TH DEPOT, NALLURHALLI, WHITEFIELD, BANGALORE-560066, KARNATAKA, REP BY ITS PRINCIPAL …RESPONDENTS (BY SRI N.K.RAMESH, ADV. FOR R-1; SRI V.N.KUMAR, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-K RESULT DATED 09.08.2019 AS FAR AS THE PRACTICAL EXAMINATION (CLINICAL AND VIVA – VOCE EXAMINATION) CONDUCTED BY THE R-2 INSTITUTION.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The results declared by the respondent No.1 University as far as the practical examination (clinical and viva-voce examination) taken by the petitioner has been challenged mainly on the ground that four students were examined in practical/clinical examination in M.Ch course (Surgical Oncology) in a day contrary to the Regulations and curricula for Post graduate Degree and Diploma courses in Medical Sciences, 2000 of the Rajiv Gandhi University of Health Sciences [‘Regulations’ for short].
2. On instructions, learned counsel for the respondent No.1 submits that by inadvertence four candidates were examined for practical/clinical examination and viva voce of M.Ch course in Surgical Oncology on 26.7.2019 at the respondent No.2 Institution including the petitioner herein who has been declared fail in practicals. Hence, he fairly submits that the prayer of the petitioner to reschedule the practical examinations of the petitioner in M.Ch course (Surgical Oncology) in the manner envisaged in Regulation No.11.2 of the requires consideration.
3. It is not in dispute that Regulation No.14(2) of the Medical Council of India Post Graduate Medical Education Regulations, 2000 (Annex-M) is in para materia with the Regulation No.12 of the Regulations of the Rajiv Gandhi University of Health Sciences, Karnataka.
4. Regulation No.14(2) of the Medical Council of India Post Graduate Medical Education Regulations, 2000, reads as under:
“ Number of Candidates The maximum number of candidates to be examined in Clinical/practical and Oral on any day shall not exceed eight for M.D./M.S. degree, eight for diploma and three for D.M./M/Ch examinations.”
5. Regulation No.12 of the Regulations and Curricula for Post Graduate Degree and Diploma Courses in Medical Sciences, 2000, reads as under:
“ 12. Number of candidates per day. The maximum number of candidates for practical/clinical and viva-voce examination shall be as under:
MD/MS Course: Maximum of 6 per day Diploma Course: Maximum of 8 per day DM/M.Ch Course: Maximum of 3 per day”
6. It is not in dispute that four candidates were examined in clinical/practical and viva-voce on 26.7.2019 at the respondent No.2 Institution for Surgical Oncology practical examination which is contrary to the MCA Regulations as well as the University Regulations. Hence, the University shall reschedule the practical examinations (clinical and viva-voce) of the petitioner in M.Ch course (Surgical Oncology) in the manner envisaged in the Regulations referred to above. Compliance shall be made by the University in an expedite manner preferably within a period of two weeks from the date of receipt of certified copy of the order.
7. Accordingly, the results of the petitioner declared insofar as the practical and viva-voce in M.Ch course (Surgical Oncology) is set aside with a direction to the University to reschedule the practical examination, as prayed.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE Dvr: