Shubham Raj v. The Medical Council Of India And ORS.
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT PORT BLAIR ...
WPA/233/2019 IA No.CAN/2/2021, CAN/1/2021 Shubham Raj ... Petitioner Vs.
The Medical Council of India & others ...
Respondents Mrs.Anjili Nag, Advocate ... for the petitioner Mr.Krishna Rao, Advocate ...
for the Administration Mr.Rajinder Singh, Advocate ... for the University September 07, 2021 [GNC] Item No.1.
Undisputedly the Andaman and Nicobar Islands Institute of Medical Sciences is affiliated to the Pondicherry University and the petitioner appeared in the supplementary examination. The result was published on August 22, 2019 declaring the petitioner unsuccessful in the examination. The challenge is made not only to the result declaring the petitioner unsuccessful but also that the Pondicherry University and the rules framed by the said University is contrary to the Regulation 12(4) of the National Medical Council. The aforesaid regulation was framed in exercise of the power conferred under section 33 of the Indian Medical Council Act, 1956 and therefore, the Institute of Medical Science at Andaman and Nicobar has to follow such regulation and not the regulation framed by the Pondicherry University. There is apparently a conflict
between the regulation framed by the Pondicherry University and the regulation of the National Medical Council and having noticed such the interim order was passed on September 26, 2019 directing the respondent authorities to allow the petitioner to participate in the preuniversity examination for phase-III part-I and 3rd professional examination phase-III part-I subject to the fulfillment of the requirement of the attendance. The aforesaid participation and the result was directed to abide by the result of the writ petition and no immunity was granted to the petitioner to claim any equity. Subsequently, an order was passed directing the result to be declared strictly in terms of the regulation framed by the National Medical Council and it is not in dispute that the results have already been published and the petitioner is found successful in terms of the regulation of the National Medical Council.
Learned counsel appearing for the respective parties echoed in one voice that though the Institute of Medical Science at Andaman and Nicobar is affiliated with the Pondicherry University but the examinations and the results are to be published in terms of the regulation of the National Medical Council and not in terms of the regulation of the Pondicherry University. Since the petitioner has been declared successful and I am told that he is pursuing the next phase of curriculum there is nothing left in the instant
writ petition to be adjudicated upon except for the specific observation that the results are to be published strictly in terms of the regulations of the National Medical Council, even though the Institute of Medical Science at Andaman and Nicobar is affiliated with the Pondicherry University. With such observation, this writ petition is disposed of.
( Harish Tandon, J. )