Case Note & Summary
The petitioners were students prosecuting their M.B.B.S. course in colleges affiliated to the Maharashtra University of Health Sciences. They had passed their first and second M.B.B.S. examinations and also passed third M.B.B.S. (Part-I) examination. They appeared for third M.B.B.S. (Part II) examinations conducted by the University in December 2005, the results of which were declared on 18.2.2006. In the result declared, some petitioners were declared to have failed in the subject 'General Surgery' and some petitioners were declared to have failed in other subjects. The petitioners sought permission to appear for supplementary examinations in the subjects they failed. The Medical Council of India (MCI) opposed this, relying on its regulations which required a student to pass all subjects in one attempt. The University, however, had regulations permitting supplementary examinations for failed subjects. The court examined the conflict between MCI regulations and University regulations. The court held that the MCI regulations are directory and not mandatory, and therefore University regulations permitting supplementary examinations prevail. The court further held that the right to appear for supplementary examination is a substantive right and cannot be taken away by MCI regulations. The court allowed the petitions and directed the respondents to permit the petitioners to appear for the supplementary examinations in the subjects they failed.
Headnote
A) Medical Education - Examination Regulations - Supplementary Examination - MCI Regulations vs. University Regulations - The issue was whether MCI regulations requiring a student to pass all subjects in one attempt could override University regulations permitting supplementary examinations for failed subjects - Court held that University regulations prevail as MCI regulations are directory and not mandatory, and students who failed in one subject are entitled to appear for supplementary examination (Paras 1-10). B) Medical Education - Right to Appear for Examination - Substantive Right - Supplementary Examination - The court considered whether the right to appear for supplementary examination is a substantive right - Held that the right to appear for supplementary examination is a substantive right and cannot be taken away by MCI regulations which are directory in nature (Paras 5-8).
Issue of Consideration
Whether the Medical Council of India regulations requiring a student to pass all subjects in one attempt can override University regulations permitting supplementary examinations for failed subjects, and whether students who failed in one subject are entitled to appear for supplementary examination.
Final Decision
The court allowed the petitions and directed the respondents to permit the petitioners to appear for the supplementary examinations in the subjects they failed.
Law Points
- University regulations prevail over MCI regulations in matters of examination
- Supplementary examination permissible for failed subjects
- MCI regulations directory not mandatory
- Right to appear for supplementary examination is a substantive right
