- (1.) These intra court Special Appeals arise out of the judgment of learned Single Judge dated 23.1.2015, by which he has dismissed the writ petitions, for permitting the petitioners to participate in the 3rd Professional Part-I Examination, 2015, which is scheduled to begin from tomorrow i.e. 28.1.2015. Learned Single Judge has relied upon a judgment delivered at the Principal Seat of the Court at Jodhpur on the same date on 23.1.2015 in S.B. Civil Writ Petition No. 9540/2014 (Ankit Yadav and Ors. v. Rajasthan University of Health and Sciences and Ors.), wherein this Court held that passing of the second professional examination is compulsory before entering for 6th and 7th semester training. The governing ordinances of the Rajasthan University of Medical Sciences and MCI Regulations were taken into consideration in holding that the petitioners could have entered in 6th semester only after they had passed their second professional examination. Admittedly, the petitioners passed the second professional examination in the month of October 2014, and thus, they had to complete six months for having attended the requisite classes and undertake clinical assignments mandated by the Regulations. The petitioners had only three months of the requisite classes to their credit, and thus, they were not entitled to write the MBBS III Professional Part-I Examination.
(2.) In para 10 of the reply given by the Rajasthan University of Health Sciences to the writ petition before learned Single Judge, it was stated as follows:-- "10. That the contents of para No. 10 to 19 of the writ petition as stated by the petitioners are replied in terms that the petitioners have been found ineligible to write 3rd Professional Part-I (Main) Examination because they have failed to complete the requisite course. The candidates entered in 3rd Semester on 12.4.2013 and appeared in 2nd M.B.B.S. Examination in July, 2014 i.e. after completing 1 year 3 months study and including the duration of examination, the candidates completed 1 year 6 months duration for 2nd M.B.B.S. The result of the 2nd M.B.B.S. was declared on 7.10.2014 arid the Marksheet was received from the Rajasthan University of Health Sciences on 5.11.2014. As per Ordinance- 272 of the Rajasthan University of Health Sciences Ordinance and under the Graduate Rules and Regulations of the Medical Council of India the clinical subjects, Medicine and Allied, and Surgery and Allied, are taught i.e. clinical postings, from 3rd Semester of 2nd M.B.B.S. onwards for the following duration in each semester:-- For the petitioners clinical postings started from 12.4.2013 when they entered 3rd, 4th, 5th Semester after passing 1st M.B.B.S. up to 18.7.2014. The petitioners 6th Semester clinical posting started from 23.7.2014 which could not be completed before 23.12.2014. However, the petitioners filed this writ petition before even completed clinical posting of 6th Semester. As far as 7th Semester is concerned the same will begin only after when the petitioners complete their 6th Semester. The duration of 7th Semester is 18 weeks. Therefore, unless the petitioners undergo the training and study as required under the provisions of the Medical Council of India Rules for 7th Semester they cannot be allowed to write IIIrd Professional M.B.B.S. Part-I (Main) Examination, in January 2015. That in view of the facts mentioned in above paras the petitioners does not have any grounds to maintain their case for declaration that they are eligible and entitled to participate in the 3rd Professional M.B.B.S. Part-I (Main) Examination, 2015 as they have not undertaken the requisite course."
(3.) We have gone through the judgment and do not find any weight in the arguments of learned counsel appearing for the petitioners, to disagree with the findings of learned Single Judge.;