Nilanjana Chattopadhyay v. The West Bengal University Of Health Sciences And ORS

WPA 3536 of 2024 Nilanjana Chattopadhyay Vs.

The West Bengal University of Health Sciences & Ors. Mr. Srijib Chakraborty, Mr. Pankaj Agarwal, Mr. Mihir Saha ...for the Petitioner Mr. D. N. Maiti, Mr. A. Singh ...for Respondent Nos. 1 to 3 19-02-2024 AKG Ct. 238 The petitioner is a student of MBBS Course at Calcutta National Medical College.

The petitioner appeared in the 2nd Year Examination in the year 2023, but she could not clear two papers, namely Micro Biology and Pathology. The petitioner, however, cleared Micro Biology Paper by taking a supplementary examination but could not clear Pathology Paper. The petitioner, as per the regulation of the university, is due to take her Pathology supplementary Paper in the year 2024. The Third Professional (Part-I) Examination is scheduled to commence from the 1st week of April, 2024. Unless all papers of the 2nd year are cleared, a candidate is not entitled to take the Third Professional (Part-I) Examination. The university admits that due to some administrative difficulties, it is not possible to publish the result of supplementary examination before the commencement of Third Professional (Part-I) Examination.

In that view of the matter, this writ petition is disposed of with a direction upon the university to allow the petitioner to take her supplementary Pathology examination on the scheduled date.

The petitioner will also be entitled to sit for the Third Professional (Part-I) Examination without the result of her supplementary examination in the Pathology being published.

It is made clear that if the petitioner fails to clear the supplementary examination, the university shall take steps in accordance with law.

Accordingly, WPA 3536 of 2024 is disposed of. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)