CHENNAI: The Madras high court's Madurai Bench has quashed the petitions of two post graduate medical students who had moved court seeking permission to write the final year exam despite lacking requisite attendance.
Assistant surgeons Dr V Rajasekar and Dr Y Lydia got study leave from the state government for pursuing their post graduate studies in the academic year 2012-2013. Rajasekar got admission in MD community medicine and Lydia in MD biochemistry at Sree Mookambika Institute of Medical studies, Kanyakumari district. While Rajasekar was relieved from duty on October 3, 2012, Lydia got leave from November 30, 2011. As the academic course had started in April 2012, both were late in joining the course. So the institution did not allow them to write the exams.
Counsel for the students argued that the decision of the institute was illegal and arbitrary. The college had collected the entire fee for three years and not disclosed the rules pertaining to attendance, he argued. Also, the college had allowed one Dr V S Deepa—who did not have sufficient attendance—to write the same exam, he claimed. The MCI regulations also said that only 80% attendance was required for being eligible to write the exam.
In its counter, Mookambika Institute said that according to the regulations of the Tamil Nadu Dr MGR Medical University, 85% attendance was required for writing the exam. Also, Dr V S Deepa was allowed to write the exam only because she had requisite attendance.
In his verdict, Justice S Vaidyanathan said, "once a regulation has been set down...it is incumbent upon students to follow the same. According to the rules, 85% attendance was mandatory. Also, the stipulations "did not condone leave for any reason including pregnancy, child birth and medical conditions." As Dr MGR University did not want human life to be compromised because of incomplete training, it had established strict rules.
Both students were "trying to fish in troubled waters" by giving the example of Dr Deepa. She was not before the court, and according to records, she had the required attendance. If there was any discrepancy, it was for the state government to inspect the records. The students were not within the ambit of MCI regulations as the rules were specifically for those who had undergone a two-year recognized diploma course in the same subject.
If the court allowed them to write the exam, it would "amount to injustice and discrimination, thereby setting a wrong precedent," said the court adding. The insistence on 85% attendance was needed to help students become experts in the medical profession, the judge ruled.
Assistant surgeons Dr V Rajasekar and Dr Y Lydia got study leave from the state government for pursuing their post graduate studies in the academic year 2012-2013. Rajasekar got admission in MD community medicine and Lydia in MD biochemistry at Sree Mookambika Institute of Medical studies, Kanyakumari district. While Rajasekar was relieved from duty on October 3, 2012, Lydia got leave from November 30, 2011. As the academic course had started in April 2012, both were late in joining the course. So the institution did not allow them to write the exams.
Counsel for the students argued that the decision of the institute was illegal and arbitrary. The college had collected the entire fee for three years and not disclosed the rules pertaining to attendance, he argued. Also, the college had allowed one Dr V S Deepa—who did not have sufficient attendance—to write the same exam, he claimed. The MCI regulations also said that only 80% attendance was required for being eligible to write the exam.
In its counter, Mookambika Institute said that according to the regulations of the Tamil Nadu Dr MGR Medical University, 85% attendance was required for writing the exam. Also, Dr V S Deepa was allowed to write the exam only because she had requisite attendance.
In his verdict, Justice S Vaidyanathan said, "once a regulation has been set down...it is incumbent upon students to follow the same. According to the rules, 85% attendance was mandatory. Also, the stipulations "did not condone leave for any reason including pregnancy, child birth and medical conditions." As Dr MGR University did not want human life to be compromised because of incomplete training, it had established strict rules.
Both students were "trying to fish in troubled waters" by giving the example of Dr Deepa. She was not before the court, and according to records, she had the required attendance. If there was any discrepancy, it was for the state government to inspect the records. The students were not within the ambit of MCI regulations as the rules were specifically for those who had undergone a two-year recognized diploma course in the same subject.
If the court allowed them to write the exam, it would "amount to injustice and discrimination, thereby setting a wrong precedent," said the court adding. The insistence on 85% attendance was needed to help students become experts in the medical profession, the judge ruled.
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