DILIP GUPTA,J. - (1.) THE petitioner, who passed the Second Professional MBBS in the Supplementary Examination in August 2008 from the G.S.V.M. Medical College, Kanpur (hereinafter referred to as the 'College'), has filed this petition for a direction upon the respondents to permit him to appear at the Third Professional (Part-I) Examination alongwith the students of his Batch who cleared the Second Professional (Main) Examination five months earlier in February, 2008.
(2.) THE College is affiliated to the Chhatrapati Shahu Ji Maharaj University, Kanpur (hereinafter referred to as the 'University'). The petitioner was admitted to the MBBS Course in the said College in July 2005 and he appeared at the First Professional (Main) Examination held in July 2006. He was declared failed in the result published on 11th September, 2006 as he could not pass the First Paper of Anatomy. He, therefore, appeared at the Supplementary Examination in March, 2007 and was declared passed on 29th March, 2007. He was then permitted to attend the Second Professional Classes alongwith the students who had cleared the First Professional (Main) Examination in September, 2006. The 2005 Batch students who had passed the First Professional Examination in September, 2006 completed the studies of the Second Professional Examination and were eligible to appear at the Second Professional (Main) Examination. The petitioner, on the other hand, pursued the studies of the Second Professional Examination with the 2005 Main Batch students only from April 2007 after he was declared passed in the First Professional Supplementary Examination. He appeared at the Second Professional Supplementary Examination held in July, 2008 after completing the Second Professional Course and was declared passed on 26th August, 2008. He, however, filed this petition with a prayer that he may be permitted to appear at the Third Professional (Part-I) Examination alongwith the Main Batch Students irrespective of the fact that he had passed the Second Professional in the Supplementary Examination five months later than the Main Batch students. On 6th February, 2009, the Court, by way of an interim measure, permitted the petitioner to appear at the Third Professional (Part-I) Examination commencing from 10th February, 2009 alongwith the students who had cleared the Second Professional in the Main Examination in view of the interim order dated 23rd January, 2009 passed in Writ Petition No.62477 of 2008 (Surednra Kumar Kanwat and Ors. Vs. State of U.P. and Ors.).
(3.) I have heard Sri M.D. Singh Shekhar, learned Senior Counsel appearing for the petitioner and Sri P.K. Tripathi, learned counsel appearing for the respondents.;