The Madras High Court has allowed a first-year MBBS student to appear for her examinations, after she was denied a hall ticket due to lack of attendance caused by her persistent asthma.

A single judge bench of Justice V.Parthiban noted, “no prejudice would be caused to the respondents; on the other hand, irreparable injury would be caused to the petitioner’s interest, as she being a first year student, her ambition to complete the course in time ought not to suffer from reasons beyond her control,”

The bench directed the respondents i.e., the dean (Academic), the director and the professor (Examinations), Examination Wing, Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER), Pondicherry were asked to permit the petitioner to appear for the first year October 2021 examinations slated on 12.10.2021 (tomorrow) or subsequent dates, pending disposal of the Writ Petition.

The Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the first respondent in proceedings, dated 05.10.2021, and to quash the same as illegal, incompetent and without jurisdiction and to further direct the third respondent to enable the petitioner to apply and appear for the First Year MBBS October, 2021 Examinations forthwith

The case of the petitioner is that she is a medical student pursuing MBBS Course in the respondents-institution. She is a first year student and completed her First Year on 11.09.2021. The examinations were notified and scheduled to take place on 12.10.2021 (tomorrow). However, she was informed by communication dated 05.10.2021 stating that she would not be eligible to participate in the examination(s), in view of shortage of required attendance.

The petitioner has given elaborate reasons as to why she had to remain absent for some days due to persistent and chronic affliction of Asthma. The required attendance in both theory and practical examinations is 75% and in terms of the details given in the affidavit, she is marginally short of the required attendance.

The Court remarked , “without delving into the various aspects of the issue that may arise for consideration, vis-a-vis the petitioner and the respondents-University, is of the prima-facie view that interim order sought is to be considered favourably, pending disposal of the Writ Petition.”

Notice issued to the respondents and counsels for the petitioner was directed to take private notice to the respondents returnable by 20.10.2021.

The Calcutta High Court yesterday (July 13) said no to a plea by ten medical students who wanted the second and third professional examinations for MBBS courses in the state deferred, because of the pandemic. The exams started today.

The appeal was for an interim stay, which the court declined to give. Justice Subrata Talukdar said that while the reason for seeking postponement was “legitimate”, a majority of the students were willing to write the examinations. Hence, he said, the court should not stay the conduct of the examinations.

Justice Talukdar gave the students liberty to apply before the comptroller of examinations by giving proper reasons and request him to give a chance to them to write the exams in the future.

The MBBS course runs for five and-a-half years. In that students have to write four terminal exams and do a one-year internship. The second professional exam is held after two and-a-half years and the third, which has two parts, is held after three and-a-half years and four and-a-half years in college.

Arguing for the students Senior Advocate Bikash Ranjan Bhattacharyya cited the example of the stay issued by the court on July 10, on the on the ayurveda examinations. He had asked for a similar order in this.

However, in opposition, West Bengal Advocate General Kishore Datta explained that out of 650 examinees, only 45 (including the 10 petitioners), were unwilling to sit for the examinations.

– India Legal Bureau