- (1.) This petition seeks a direction to allow the petitioners to take MBBS Second Professional examination scheduled to be held on 20.11.2007, if necessary, by quashing Ordinance 7 of the Baba Farid University Ordinances.
(2.) Case of the petitioners is that they were admitted to the MBBS Course in the year 2005. They took First Professional examination in June 2006 for which result "as declared on 10.8.2006. Thereafter, they took supplementary examination conducted on 14.10.2006 of which result was declared on 30.10.2006. On passing the supplementary examination, they were promoted to the Third Semester, then to fourth semester and then to 5th semester. All the said semesters were part of Second Professional year. Vide letter dated 24.10.2007, Annexure P. 2, the University informed the colleges that candidates who had passed supplementary examination will not be eligible to appear in Second Professional in November/December 2007, as they had not completed 18 months of study period.
(3.) Contention of the petitioners is that requirement of 18 months after passing the Ist Professional examination could not be applied only to the candidates who passed supplementary examination (in December 2006) when the same was not being applied to the students who had passed the main examination (in August, 2006). It has been further argued that the said requirement was contrary to the scheme of Regulations framed under the provisions of the Indian Medical Council Act, 1956 being "Regulations on Graduate Medical Education, 1997" (hereinafter referred to as the Regulations). The requirement therein is for 120 teaching days of 8 hours each approximately which the petitioners had completed. Further averment is that under clause 7 of Regulation 7, supplementary examination is to be conducted within six months so that the students who pass can join the main batch and the fail students can appear in the subsequent year.;