Shiranshu Kumar Jayant & ORS v. University Of Delhi & ORS
$~3, 25, 26 & 27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1520/2020 & CM APPL. 5301/2020 SHIRANSHU KUMAR JAYANT & ORS ..... Petitioners Through:
Mr. Ankit Singh with Mr. Inderjeet, Advocates.
versus UNIVERSITY OF DELHI & ORS ..... Respondents Through:
Mr. Kousik Ghosh, Advocate for respondent no. 1 & 2/UOD.
Mr. T. Singhdev with Ms. Arunima Pal, Advocates for respondent no.
3/MCI.
+ W.P.(C) 1618/2020 & CM APPL. 5678/2020 SHRI ATUL DAHIYA ..... Petitioner Through:
Mr. Ankit Singh with Mr. Inderjeet, Advocates.
versus UNIVERSITY OF DELHI & ORS.
..... Respondents Through:
Mr. Kousik Ghosh, Advocate for respondent no. 1 & 2/UOD.
Mr. T. Singhdev with Ms. Arunima Pal, Advocates for respondent no.
3/MCI.
+ W.P.(C) 1706/2020 & CM APPL. 5904/2020 ASHISH KUMAR MEENA ..... Petitioner
Through:
Mr. Rajiv Dewan with Ms. Hema Tuli and Mr. Angad Singh, Advocates.
versus UNIVERSITY OF DELHI CONTROLLOR OF EXAMINATION AND ORS.
..... Respondents Through:
Mr. Kousik Ghosh, Advocate for respondent no. 1 & 2/UOD.
Mr. T. Singhdev with Ms. Arunima Pal, Advocates for respondent no.
3/MCI.
+ W.P.(C) 1715/2020 & CM APPL. 5918/2020 KRISHNA CHANDRA YADAV ..... Petitioner Through:
Mr. Rajiv Dewan with Ms. Hema Tuli and Mr. Angad Singh, Advocates.
versus UNIVERSITY OF DELHI AND ORS.
..... Respondents Through:
Mr. Kousik Ghosh, Advocate for respondent no. 1 & 2/UOD.
Mr. T. Singhdev with Ms. Arunima Pal, Advocates for respondent no.
3/MCI.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
% 17.02.2020 1.
Mr. Kousik Ghosh and Mr. T. Singhdev have returned with instructions.
2.
To be noted, Mr. Kousik Ghosh appears on behalf of respondent no. 1 & 2/University of Delhi (in short "UOD") while Mr. Singhdev appears on behalf of respondent no. 3/The Medical Council of India (in short "MCI").
3.
Both counsels concede that the marks obtained in the concerned subject by the petitioners in the captioned matters will have to be reevaluated in the light of the following judgment: Maharashtra University of Health Sciences Vs. Paryani Mukesh Jawaharlal & Ors. (2007) 10 SCC 201. It is further submitted by counsel that if marks are re-evaluated as per the ratio of the aforementioned judgment, the petitioners would have to be declared passed. 4.
For the purpose of convenience, Mr. Singhdev has placed before me a chart setting out the name of each of the petitioners and the relevant subject in which she/he has been declared failed and the reason as to why he/she has come to such a pass. 5.
The details given by Mr. Singhdev are set up hereafter:- Third Professional M.B.B.S. Examination, 2019 S.
Subject in Particulars Reason No which the concerned petitioner has failed 1.
Medicine Shiranshu -failed by 2 marks in 1st 1520/2020 2 marks in 2nd Internal
2.
Medicine Sanjeev -failed by 3 marks in 1st 1520/2020 Meena 4 marks in 2nd Internal 3.
Medicine Alka Katoria Internal Assessment marks -failed by 2 marks in 2nd 1520/2020 Internal Assessment Paper 4.
Medicine Sartaj Chauhan -failed by 1 mark in 1st 1520/2020 mark in 2nd Internal 5.
Paediatrics Atul Dahiya -failed by 1 mark in 2nd 1618/2020 Internal Assessment Paper 6.
Obstetrics & Ashish Gynecology -failed by 3 marks in 1st 1706/2020 Meena mark in 2nd Internal
7.
Obstetrics & Krishan Gynecology Chandra -failed by 3 marks in 1st 1715/2020 Yadav 3 marks in 2nd Internal 8.
Surgery Vikas -failed by 7 marks in 1st 1564/2020 Internal Assessment Paper Paediatrics Requires 1 grace mark as per Regulation 13(10) of the Graduate Medical Education Regulations, 1997 6.
Accordingly, the captioned petitions are disposed of with a direction to the University of Delhi to declare the aforementioned petitioners passed in the concerned subject in respect of the Third Professional MBBS examination, 2019, in line with the ratio of the aforementioned judgment. 7.
Consequently, the respondent no. 1 & 2/UOD will issue a fresh marksheet to the petitioners within two weeks from the date of receipt of a copy of the order passed today.
8.
Consequently, pending applications shall stand closed.
9.
Dasti under signatures of the Court Master.
RAJIV SHAKDHER, J FEBRUARY 17, 2020 c