- (1.) THIS is second round of litigation of the present petitioner. Earlier the petitioner has approached this Court with the grievance that she may be permitted to appear in the second professional examination of MBBS 2011.
(2.) THE petitioner took admission in MBBS in August 2006 and appeared in the first Professional MBBS Examination in July 2007, but failed to qualify the same. She again appeared in the remanded exam held in November 2008, but still could not qualify one subject but admittedly, the petitioner finally qualify all the papers of first Professional MBBS on 18.10.2010. At the first stage, the petitioner approached this Court by filing CWP-1661/2010 when her result of Anatomy was not taken note of by the respondents and this Court finally in its order dt.11.11.2010 held that the result earlier declared of subject Anatomy on 10.7.2009 shall be maintained for the purposes of declaring her result of the first Professional MBBS Examination and admittedly, after taking note of the result of Anatomy, the petitioner qualified the first professional examination of MBBS Course. As per O.272 of the University Handbook, the student will become eligible for the second MBBS examination after completion of 18 months of certified study. But in the instant case because of her result of Anatomy was not taken note of by the respondents and she had to approach this Court by filing the writ petition as referred (supra) and that came to be decided on 11.11.2010 and sufficient time was consumed in litigation while qualifying in the first MBBS examination and because of such latches beyond her control, she could not fulfil 18 months of certified study, which could make her eligible to appear in the second professional examination of MBBS. In such circumstances, when she was not permitted to appear in the second professional examination, instant petition came to be filed and by ex-parte interim order of the Court, petitioner was permitted to appear in Microbiology subject of second MBBS examination and secured 89 marks result of which was declared on 26.7.2011 but since she could not appear in rest of the papers she was declared failed. It is not disputed that the petitioner had completed 18 months of certified study and has become eligible to appear in the second MBBS examination. Counsel for the petitioner submits that apart from the subject of 2nd MBBS in which she appeared under the interim order of the Court, she may be permitted to appear in rest of the papers of 2nd MBBS and her result of 2nd MBBS thereafter may be declared.
(3.) COUNSEL for the respondents, on the other hand, submits that whatever the reason may be, the student has to complete 18 months certified study to become eligible to appear in 2nd MBBS and the petitioner appeared under the interim order of this Court in one of the paper of 2nd MBBS when she was not eligible. However, it is not being disputed that she has now completed 18 months of certified study and become eligible to appear in the 2nd MBBS examination. Taking note of the fact that the petitioner had approached this Court by filing earlier writ petition and only after intervention of the Court, the marks which she secured in the paper of Anatomy of the Ist MBBS examination, her final result was declared and latches as such could not be attributed to the petitioner alone. In these peculiar facts and circumstances of the case since the petitioner has now completed 18 months of certified study which is pre-requisite to appear in the second MBBS examination, this Court considers it appropriate to observe that the petitioner may now be permitted to appear in the second professional MBBS examination as and when it is being held and taking note of the marks which she obtained in the subject of Microbiology of second MBBS examination, her result may be declared taking note of, as indicated above. ;