Dr. Amar Prakash v. The Principal, Patna Medical College And Hospital And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6333 of 2015 ====================================================== Dr. Amar Prakash S/o Jai Prakash Prasad Singh, Hostel No. 1, Room No. 64, Patna Medical College & Hospital, Patna .... .... Petitioner/s

Versus

1. The Principal, Patna Medical College & Hospital, Patna

2. The Vice Chancellor, Aryabhatta Knowledge University, Patna

3. The Registrar, Aryabhatta Knowledge University, Patna

4. The Examination Controller, Aryabhatta Knowledge University, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Rajani Kant Pathak For respondent nos.

2,3 and 4 : Mr. Arif Raza For the respondent No.5 : Mr. Gyan Prakash Ojha,G.P.22 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 22-06-2015 The stand of the Principal, Patna Medical College Hospital, is that the petitioner took admission in Post Graduate Diploma Course in DTED course for the session 2013-15 on 08.10.2013. The Post Graduate Medical Education Regulations, 2000, specially, Rule 10(3) issued by the Medical Council of Indian mandate training of two years before the examination is held. Since the petitioner had completed only 01 year,07 months and 22 days of training by 30th May, 2015, therefore, his form and fee were not forwarded to the University for conduct of examination. The last date for filing of form and requisite fee was 10th of April, 2015. The right of the petitioner will be regulated by the regulation and the period of training, which is mandated has to be under gone.

In view of the above as also the fact that the examination is already over for the eligible candidates , this Court directs the Principal, Patna

Patna High Court CWJC No.6333 of 2015 (2) dt.22-06-2015 2/2 Medical College Hospital that on completion of two years of mandatory period of training , the form and fee of the petitioner will be forwarded to the University and the University would be obliged to conduct the examination no sooner the form and fee are received.

The writ petition is disposed of in terms of the above direction. (Ajay Kumar Tripathi, J) singh/- U