NIKHIL V VACHARAJANI DR Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
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B.J.DIVAN, R.C.MANKAD -
(1.) The petitioner who is at present prosecuting his studies in M. S. (Orthopedics)at the M. P. Shah Medical College Jamanagar has filed this petition praying for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ order or direction quashing and setting aside Government Resolution dated December 30 1977 Annexure H to the petition issued by the State of Gujarat respondent No. 1 and Director of Medical Education & Research respondent No. 2 and restraining respondents Nos. 1 to 3 from implementing the said resolution
(2.) The petitioner was a student at the M. P. Shah Medical College while he has studying for MBBS degree and he passed his final MBBS examination with 6th rank in October 1976. M. P. Shah Medical College at Jamnagar is one of the four medical Colleges run by the Government of Gujarat the other three medical colleges are at Ahmedabad Baroda and Surat. M.P. Shah Medical College is affiliated to the Saurashtra University and the examinations held by it are governed and regulated by the rules framed by the Saurashtra University. In the present petition the petitioner has challenged the validity of the Government Resolution Annexure H in its application to the candidates who have passed the final MBBS Examination from M. P. Shah Medical College Jamnagar under the rules framed by the Saurashtra University and who are competing for appointment to the posts of Housemen and Registrars in the said college and the attached teaching hospital. Therefore for the purpose of deciding the question which is raised by the petitioner in this petition we have made reference only to the systems of examination prevailing in Saurashtra University at the relevant time. We do not think it is necessary for us to refer to the systems of examination adopted by other Universities to which the other three Government Medical Colleges are affiliated. So far as the Saurashtra University is concerned prior to April 1976 the candidates at the final MBBS Examination were examined under the system known and which will hereinafter be referred to as the system of external and internal examination. From April 1976 the Saurashtra University discontinued or scrapped the internal assessment. In other words from April 1976 the merits of the candidates at the final MBBS Examination were judged only on the basis of their performance at the external examination. When the petitioner was admitted to the third MBBS class system of examination which was in force was the external and internal examination. In fact before he appeared at the final examination in April 1976 he had appeared at two tests held by his college for the purpose of internal assessment. However since the Saurashtra University decided to discontinue the system of internal examination or assessment the result of two college tests at which the petitioner appeared was not taken into account when he passed the third MBBS Examination The petitioners merit or performance at the third or final MBBS Examination was judged solely on the basis of his performance at the external examination held by the Saurashtra University.
(3.) Rule 177 of the rules relating to the courses of study for first second and third MBBS Examination framed by the Saurashtra University prescribes subjects in which the candidate at the final MBBS Examination is to be examined. As pointed out above before the change introduced from examination held in April 1976 the system of examination which was in force was the system of external and internal examination and this was under Rule 177. Rule 177 before its amendment read as under:
RULE No. 177 (For final MBBS) The subjects in which candidate will be examined are as under: MEDICINE: Theory: External: Two papers each of 3 hours duration carrying 70 marks each. Descriptive essay type of questions may be avoided as far as possible. Short note types of questions gradually leading to objective type of question paper should be aimed at. Internal: 6) marks given by the Head of the Department as under: 40 marks based on the result of at least two test examination and 20 marks for attendance and general proficiency throughout the course.
Practical: External: A clinical examination in Medicine of 70 marks consisting of the following: (1) An examination of a patient and a written report thereon.
(2) A short examination of not less than two cases and practical and oral examination carrying 70 marks. Internal: 60 marks distributed as above. SURGERY: Same as above. OBSTETRICS AND GYNAECOLOGY: Theory: External: 3 hours paper of 70 marks. Internal: 30 marks: 20 marks based on result of tests & 10 marks for attendance and General Proficiency. External: 70 marks Clinical eases and practical Viva and 30 marks same as theory.
RULES FOR INTERNAL EVALUATION "In Theory & Practical of each subject shall be 30% of its total marks. The distribution of 30% will be 2/3rd for not less than prescribed number of tests and 1/3rd for the class work attendance and general performance".
This rule was amended by the Saurashtra University and system of external and internal examination was replaced by the system of only external examination (which will hereinatter be referred to as the system of external examination). Rule 177 after his amendment reads as under :- R.Med. 11 (OLD 177) of 3rd MBBS Applicable from March/April 1976. Medicine: Theory: II Written Papers (total 200 marks). Paper I: 100 marks 3 hrs. duration. Paper II: 100 marks 3 hrs. duration. Practical: Total 200 marks (a) A clinical ease of 100 marks of following (1) Long ease 50 marks (2) Two short case of 50 marks (b) Practical & Oral of 100 marks. SURGERY: Theory: II Written papers (total 200 marks). Paper I: 100 marks 3 hrs. duration. Paper II: 100 marks 3 hrs. duration. Practical: Total 200 marks
(a) A clinical case of 100 marks of following: (1) Long case 50 marks (2) Two short case of 50 marks
(b) Practical & Oral of 100 marks. OBSTETRICS AND GYNAECOLOGY. Theory: One paper of 3 hours duration 100 marks. Practical: Total 100 marks. ;
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