Alok Sharma, J. - (1.) THE petitioner is aggrieved of her assessment in the Practical/Clinical Examination and Viva -Voce of D.M. (Cardiology) wherein she has been declared to have failed for the third time on 12.8.2014 in a test held with the intervention of this Court in S.B. Civil Review (Writ) Petition No. 31/2012 at the R.N.T. Medical College at Udaipur albeit the petitioner is a student of M.D. Cardiology at the J.L.N. Medical College & Hospital, Ajmer.
(2.) IT is not in dispute that the petitioner was admitted into the Three year M.D. (Cardiology) Course at the J.L.N. Medical College & Hospital, Ajmer only on the direction, first interim, then final of this Court in the course of S.B. Civil Writ Petition No. 11274/2010. In the first instance while disposing of S.B. Civil Writ Petition No. 11274/2010 vide Judgment dated 20.7.2011 this Court held that the petitioner as an in -service candidate ought to have been entitled to the 13th seat in the Course in issue for the academic year 2010 -11 by virtue 30% quota for in -service candidates. It was however, directed that the J.L.N. Medical College & Hospital, Ajmer, write to the Medical Council of India for increase of intake of one seat in D.M. (Cardiology) for the year 2010 -11 in view of the fact that during the pendency of the petition, admissions to all the 13 seats had been made including on the one which had been given to an open category candidate when it ought to have gone to an in -service candidate. The petitioner, aggrieved of what she perceived to be incomplete relief putting her fate in the hands of M.C.I, first laid D.B. Special Appeal (Writ) No. 1665/2011 against the Judgment & Order dated 20.7.2011 but then withdrew on 1.3.2012 with liberty to file a review petition. Review Petition No. 31/2012 followed. Therein this Court vide order dated 20.3.2015 held that the petitioner was in -fact entitled to admission to the M.D. (Cardiology) Course on the 13th seat by virtue of her being an in -service candidate entitled to 30% quota and if at all there was an issue of admission of an excess student, it was to the detriment of the last candidate admitted from the open category. M.C.I. has since however refused to enhance the intake in new view of Section 10 -A of the Medical Council of India Act. This Court is informed that it is how things thus presently stand. In the meantime, the petitioner completed the Three Years Course, she was admitted to under orders of this Court and wrote the written examination in M.D. (Cardiology) in August 2013. In terms of the obtaining Rajasthan University of Health Science Ordinances and the Medical Council of India Regulations, 2010, a candidate to pass the D.M. Course has to obtain minimum 50% marks in the written examination and then 50% minimum marks in the practical/clinical examination and viva -voce. Albeit the petitioner passed the written examination with 50% marks, yet in the practical/clinical examination held in August 2013, she was declared to have been "disallowed" i.e. failed. It would be relevant to note that two other students of D.M. (Cardiology) along -with the petitioner admitted in 2010 -11; Smt. Archana Gokhru and Dr. Deepak Padmnabhan also failed.
(3.) THE petitioner in the circumstances along -with the failed candidates re -wrote the remand examination for the D.M. (Cardiology) in January 2014. She again passed the written examination having obtained more than 50% marks. She however, was again "disallowed" in the Practical/Clinical examination and Viva -voce i.e., having failed to secure 50% marks.;