- (1.) The petitioner joined the M.B.B.S. course at Guru Gobind Singh Government Medical College, Faridkot in August, 1989. She appeared in the 1st Professional Examination held in June, 1991 but could not clear the same. She had to re-appear in two subjects namely Biochemistry and Physiology. As she did not clear the Ist Professional Examination, the respondent-University in terms of Ordinance 13 governing the said course did not allow her to join the 2nd Professional course. It was at this stage that the present petition was filed challenging the action of the University. By an order dated October 22,1991, the Motion Bench permitted the petitioner to attend the classes of the 2nd Professional Course and also allowed her to re-appear in the supplementary examination to clear the two subjects in which she had earlier failed. The interim order was, however, subject to the final decision in the petition.
(2.) Learned counsel for the university has brought to my notice a Division Bench judgment of this Court in Samita Dhingra vs. The Principal Government College, Patiala, C.W.P. 4844 of 1993 decided on May 13,1993 wherein the learned Judges interpreted the same ordinances which govern the petitioner herein and held that unless and until all the subjects of the 1st Professional M.B.B.S. Examination had been cleared, no student is entitled to be promoted or to attend the 2nd Professional course even provisionally. In view of this decision which squarely covers the case of the petitioner, the writ petition has to be dismissed.
(3.) I am informed that on a representation filed by the petitioner, the Vice- Chancellor of the respondent-University has, as a matter of concession, permitted her to continue with the M.B.B.S. Course subject to certain conditions which she is stated to be complying with. If that be so, it is made clear that the dismissal of this petition will not adversely affect the continuance of her studies.;