R.Keerthana v. The National Medical Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2024

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.Nos.1319, 1322, 1323, 1327, 3311, 3312, 4390 & 4391 of 2024 W.P.No.1262 of 2024 R.Keerthana ... Petitioner -vs1. The National Medical Commission, Rep. by its Chairman, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-110 077.

2. The Controller of Examinations, Pondicherry University, Pondicherry.

3. The Indira Gandhi Medical College and Research Institute, Rep. by its Chairman, Kathirkamam, Puducherry-605 009.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to declare the petitioner as 'pass' in the 3rd year "Otorhinolaryngology" subject, bearing Registration No.19770685, by applying new Competency Based Medical Education (CBME) guidelines No.U.14021/8/2023UGMED, released by the 1st respondent dated 01.08.2023 in the light of the order passed 1/6

by this Court in W.P.No.28674 of 2023 dated 24.11.2023 and thereby, direct the respondents to permit the petitioner to writ the 4th year MBBS examination, commencing from February, 2024 or subsequent dates thereafter, in the 3rd respondent college.

For Petitioner :

Mr.N.Murali Kumaran, Senior Counsel For Mr.S.N.Ravichandran For R1 :

Ms.Shubaranjani Ananth For R2 :

Ms.A.V.Bharathi For R3 :

Mr.S.Raveekumar, Govt. Pleader (Puducherry) ***** C O M M O N O R D E R (By D.Krishnakumar,J.,) This Writ Petition has been filed for a direction to the respondents to declare the petitioner as 'pass' in the 3rd year "Otorhinolaryngology" subject, bearing Registration No.19770685, by applying new Competency Based Medical Education (CBME) guidelines No.U.14021/8/2023-UGMED, released by the 1st respondent dated 01.08.2023 in the light of the order passed by this Court in W.P.No.28674 of 2023 dated 24.11.2023 and thereby, direct the respondents to permit the petitioner to writ the 4th year MBBS examination, commencing from February, 2024 or subsequent dates thereafter, in the 3rd respondent college.

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2. Since the issue involved in all these Writ Petitions is one and the same, they are taken up together for combined disposal. The details of petitioners in other connected Writ Petitions, viz., W.P.Nos.1267, 1270, 1273, 3035 and 4067 of 2024 are tabulated below:

W.P.No.

Name of the Petitioner/s Regn. No.

Year & subjects to declare pass 1267/2024 V.L.Alan Riat 19770608 3rd Year Otorhinolaryngology 1270/2024 A.Sheik Shafeek Ali 19770749 2nd Year Pathology, Microbiology and Pharmacology 1273/2024 Subaash Saravanan 19770763 2nd Year Pathology, Microbiology and Pharmacology Sharon Valsaraj 19770748 3rd Year Community Medicine Aparna Charoth 19770614 3rd Year Otorhinolaryngology E.Janeshwara 19770668 3rd Year Otorhinolaryngology and Forensic Medicine 3035/2024 M.Mohamed Ashif 19770706 3rd Year Otorhinolaryngology and Ophthalmology V.Amina Zara 19770609 3rd Year Otorhinolaryngology and Ophthalmology 4067/2024 B.Ramkumar 20770502 2nd Year Pharmacology and Pathology S.Gokul 20770437 2nd Year Pathology

3. Learned Senior Counsel for the petitioners submitted that The National Medical Commission (NMC) issued guidelines bearing No.U.14021/8/2023-UGMED dated 01.08.2023, as per which, the minimum criteria for getting qualified is 50% of marks in aggregate, i.e., both theory and practical and all these petitioners appeared for examination subsequent to the aforesaid guidelines issued by the NMC and therefore, 3/6

the same are applicable to the petitioners. He further submitted that the University, by taking into consideration the aforesaid guidelines, has to issue mark sheets to the petitioners.

4. Learned Standing Counsel appearing for The National Medical Commission (NMC), on instructions from the Officials of NMC, fairly stated before this Court that all these Writ Petitioners are entitled to be declared as pass as per the guidelines issued by the NMC dated 01.08.2023. She also placed on record the judgment of the Kerala High Court rendered in respect of candidates, who had appeared for the examination subsequent to the New Guidelines framed by the NMC and stated that the same has been applied by the respondent University.

5. In view of the fair submission made by the learned Standing Counsel appearing for NMC, we have no hesitation to hold that all the petitioners are entitled to get the benefit of New Guidelines dated 01.08.2023 issued by the NMC. Accordingly, all these Writ Petitions are disposed of, with a direction to the Pondicherry University / R2 herein to release the mark sheets in respect of the Writ Petitioners herein by applying New Competency Based Medical Education guidelines dated 01.08.2023, within a period of two weeks from today. No costs. Consequently, connected Miscellaneous Petitions are closed.

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[D.K.K., J.,] [P.B.B.,J.,] 15.10.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar To:

1. The Chairman, National Medical Commission, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-110 077.

2. The Controller of Examinations, Pondicherry University, Pondicherry.

3. The Chairman, Indira Gandhi Medical College and Research Institute, Kathirkamam, Puducherry-605 009.

D.KRISHNAKUMAR,J., AND P.B.BALAJI,J., 5/6

ar W.P.Nos.1262, 1267, 1270, 1273, 3035 and 4067 of 2024 of 2024 15.10.2024 6/6