Manish Kumar Ranjan v. National Medical Commission And ORS

Item No.1 In The High Court At Calcutta Circuit Bench At Andaman & Nicobar Islands.

(Appellate Side) 29.07.2021 Ct-24 WPA 188 of 2021 (via video conference) Manish Kumar Ranjan v.

National Medical Commission & Ors.

Mr. Atarup Banerjee Mr. Sunny Nandy Mr. Subha Pathak Mr. Tamal Singha Mr. Vivek Tripathi ... for the petitioner.

Mr. Krishna Rao ... for the Andaman & Nicobar Administration.

Ms. Tasneen ... for NMC.

The petitioner is a student of MBBS Course. He appeared in the Part-II MBBS March 2021 Examination conducted by the Pondicherry University.

The petitioner was unsuccessful in the said examination. The petitioner has annexed the marksheet, which was issued by the Pondicherry University after declaration of the result on July 12, 2021. According to the petitioner less mark was awarded to him in the practical and the Viva Voce Examination. He apprehends that if he loses a year, he will not be able

to complete the MBBS Course within the stipulated time schedule.

The petitioner though submits that an appeal has been preferred before the National Medical Commission but there is nothing on record to show that the appeal has been formally lodged before either the Commission or the University.

In view of the above, it will be open for the petitioner to approach the Pondicherry University within two days hereof in case he has genuinely aggrieved with the marks awarded to him in the practical and Viva Voce Examination.

In the event, an appeal is preferred by the petitioner before the University, the University shall take necessary steps to consider the same strictly in accordance with law, at the earliest, but positively within a period of thirty days thereafter.

The University shall communicate the fate of the appeal to the petitioner immediately thereafter. If the petitioner is successful in the appeal, then necessary steps shall be taken by the University to permit the petitioner to participate in the next course. The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)