Notification cannot have retrospective effect: HC
MADURAI, DECEMBER 26, 2018 00:00 IST
Dismisses plea filed by 16 medical students
The Madurai Bench of the Madras High Court ruled that relaxation in the break system introduced from 2016 for medical students could not be given a retrospective effect, while dismissing the plea of 16 students who sought a direction to extend relaxation to them.
The medical students governed by a 2012 notification moved the High Court Bench seeking relaxation of the 2016 notification on break rules to benefit them. Under the 2012 notification, students who failed in their first year MBBS would be given a break from classes and only after clearing re-examination they would be allowed to attend the second year classes. However, under the new notification, the break rule applied from the second year, they said.
Justice V. Parthiban observed that the students governed under the old notification could not be allowed to benefit under the new regulation. When the government had taken a policy decision by bringing amendment with prospective effect, the court could not tinker the policy and give effect to the policy retrospectively.
If any relief was granted to the petitioners, it would lead to miscarriage of justice to identically placed students. The petitioners could not be expected to be treated differently in such a situation, the court said.
MADURAI, DECEMBER 26, 2018 00:00 IST
Dismisses plea filed by 16 medical students
The Madurai Bench of the Madras High Court ruled that relaxation in the break system introduced from 2016 for medical students could not be given a retrospective effect, while dismissing the plea of 16 students who sought a direction to extend relaxation to them.
The medical students governed by a 2012 notification moved the High Court Bench seeking relaxation of the 2016 notification on break rules to benefit them. Under the 2012 notification, students who failed in their first year MBBS would be given a break from classes and only after clearing re-examination they would be allowed to attend the second year classes. However, under the new notification, the break rule applied from the second year, they said.
Justice V. Parthiban observed that the students governed under the old notification could not be allowed to benefit under the new regulation. When the government had taken a policy decision by bringing amendment with prospective effect, the court could not tinker the policy and give effect to the policy retrospectively.
If any relief was granted to the petitioners, it would lead to miscarriage of justice to identically placed students. The petitioners could not be expected to be treated differently in such a situation, the court said.
No comments:
Post a Comment