Evariste Albert Firmin v. The National Medical Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2025
CORAM
THE HONOURABLE MR. JUSTICE C. KUMARAPPAN Writ Petition No.30245 of 2025 and Writ Miscellaneous Petition Nos.33928 & 33929 of 2025 Evariste Albert Firmin ... Petitioner ..Vs..
1.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, R Venkat Raman Nagar, Kalapet, Pondicherry - 605 014.
3.Pondicherry Institute of Medical Sciences, Represented by Director-Principal, Kalathumettupathai, Ganapathichettikulam Village, No.20, Kalapet, Puducherry - 605014.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to direct the respondents to allow the petitioner to write the 2nd year MBBS examinations, i.e., Pathology, Pharmacology and Microbiology, which going to commence on 18.08.2025 by considering the petitioner representation dated 25.07.2025. 1/10
For Petitioner : Mr.P.Suresh Babu For Respondents : M/s.V.Sudha, Senior Standing Counsel For Central Government for R1 M/s.A.V.Bharathi, Standing Counsel for R2 MrAbishek Jenesevan for R3
ORDER
The present writ petition has been filed with a prayer for mandamus to direct the respondents to allow the petitioner to write the second-year MBBS examinations, i.e., Pathology, Pharmacology and Microbiology, which going to be commenced on 18.08.2025 by considering the petitioner's representation dated 25.07.2025.
2. The learned counsel for the petitioner submits that the petitioner was joined to the MBBS course at the third respondent's institution in 2021, for the academic year 2020-2025. The learned counsel further submitted that the petitioner was unable to secure the minimum required marks in the subjects namely, Anatomy, Physiology and Biochemistry within the first three attempts. It is further submitted that though the petitioner obtained 2/10
requisite marks in the examination conducted between 07.07.2023 to 08.08.2023, the respondent subsequently altered the qualifying pass percentage, resulting in the petitioner being declared as failed. It is also submitted that the petitioner has been attending second-year MBBS classes for almost 18 months, even then, the respondents have not permitted the petitioner to appear for the second-year examinations. Hence, the learned counsel prays for the issuance of a writ of mandamus directing the respondents to permit the petitioner to write the second-year MBBS examination.
3. Per contra, the learned Standing Counsel appearing on behalf of the second respondent vehemently contended that the duration of the second professional MBBS course is twelve months, and there is a mandatory requirement of 75% attendance in theory and 80% in practical sessions for each subject during the instructional phase. It is further submitted that the students are required to secure minimum of 50 marks out of the total marks allotted for clinical assessments (which include both theory and practical/clinical components), with not less than 40 marks separately in theory and practical, as part of the internal assessment for the respective 3/10
subject. It is also further submitted that passing the first professional MBBS course is compulsory before proceeding to phase-II training. Hence, the learned counsel prays to dismiss the present writ petition.
4. I have given my anxious consideration to either side submissions and also perused the materials available on record.
5. Annexure-II of the Pondicherry University Curriculum 2019 has been submitted by the third respondent in accordance with the written instructions received from the Director and Principal of the Pondicherry Institute of Medical Sciences, Pondicherry.
6. According to Annexure-II of the Pondicherry University Curriculum 2019, for a student to be eligible to appear for the II year examination, they must have completed a twelve month course. During this period, the student must have attained a minimum of 75% attendance in theory classes and 80% attendance in practical sessions. In addition to the attendance requirement, there is also a prescribed minimum marks criterion. In this regard, it is also appropriate to extract the specific provisions relating 4/10
to attendance:
7. Apart from the above qualifications, the petitioner must have also successfully completed the First Professional Examination. In the case on hand, admittedly, the petitioner did not clear in the first-year examination. Furthermore, his attendance and internal assessment do not meet the requirements prescribed under the Pondicherry University Curriculum 2019. For ready reference this Court deems it appropriate to extract the relevant provisions:
5/10
6/10
7/10
8. In view of the above, it is apparent that the petitioner does not possess the required qualifications to appear for the second-year examination, having secured only 30% attendance in pharmacology, 28% attendance in Pathology, and 40% attendance in Microbiology, and his marks in those subjects are also less than 50% namely 24, 16 and 16 respectively. Therefore, this Court is of the firm view that the petitioner is not eligible to sit for the second-year examination. Accordingly, this Court does not find any merits in the present writ petition.
9. In the result, the present writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions stand closed. 13.08.2025 ssi Index : Yes Speaking Order : Yes /No 8/10
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, R Venkat Raman Nagar, Kalapet, Pondicherry - 605 014.
3.The Director-Principal, Pondicherry Institute of Medical Sciences, Kalathumettupathai, Ganapathichettikulam Village, No.20, Kalapet, Puducherry - 605014.
C. KUMARAPPAN, J.
9/10
ssi W.P.No.30245 of 2025 13.08.2025 10/10