2006 PLP 1453 (CLC)

The petitioners appeared in the M.B.,B.S. First Professional Part-I Examination but remained unsuccessful in the practical of Physiology subject. They again appeared in the M.B.,B.S. First Professional Part-I, Annual Examination, 2005 held in September/ October, 2005 and were declared pass on 30th November, 2005. It is contended by the learned counsel that the petitioners are not being allowed Jo take the First Professional M.B.,B.S. Part-II Examination under the "carryon" policy. The petitioners had filed a representation, which has not been decided in spite of a direction by this Court. The respondent-University has filed the parawise comments. Learned counsel for the University submitted that the petitioners stand promoted to second year of M.B.,B.S. They shall be eligible to take the First Professional M.B.,B.S. Part-II Annual Examination, 2006 at the end of academic Sessions 2006. The University is administering the First Professional M.B.,B.S. Part-II Supplementary Examination, 2005 on 10-3-2006 for which the petitioners are not eligible as they do not have the requisite attendance of 75% lectures nor the University has the marks of Internal Assessment sent to it. He has referred to the regulations of the University.

2. We have considered the arguments of the learned counsel for the parties and examined the relevant regulations which read as under:-- "This examination shall be open to any student who: (a) has been enrolled during the academic years preceding the examination in a College affiliated to the University in the Faculty of Medicine. (b) has passed not less than one academic year previously First Professional Part-I, M.B.,B.S Examination from University of .Health Sciences or an examination from any other recognized University considered equivalent for the purpose by the Academic Council on the recommendations of Board of Studies in Medicine. (c) has his name submitted to the Controller of Examination by the Principal of the College in which he/she is enrolled. (d) has his marks of internal assessment in all the subjects sent to the University with submission of his/her name to the Controller of Examination. (e) produces the following certificates duly verified by the Principal of his/her college: (i) of good character; (ii) of having attended not less than seventy-five per cent (75%) of the full course of lectures delivered and practical conducted in each of the subjects of the First Professional Part-II Examination. The Chairman of the College Academic Council Principal of the affiliated College may condone for valid reasons deficiency up to 5% of lectures in written papers and 5% in practical. Candidates falling short of lectures or practical above this percentage shall not be admitted to the examination but may be permitted to appear at the next examination if they attend 75% of the lectures delivered and practicals conducted up to the commencement of the next examination by remaining on the rolls of a College as regular student." Learned counsel for the petitioners has not been able to show from the record that the petitioners have the requisite 75% attendance of the lectures delivered nor do they have been able to controvert the submissions of the learned counsel for the respondent-University that their internal assessment marks have not been sent to the University. In view of the above the petitioners are not eligible to take the said examination. The petition has no merit and is dismissed. M.H./S-103/L Petition dismissed.