- (1.) Instant petition has been filed jointly by petitioners (1) Rishiraj Sharma, (2) Achal Sharma & (3) Jitendra Meena, assailing order dt. 03/03/08 (Ann.3) whereby in absence of completing training period of one & half year of II MBBS course, their request to appear in II MBBS examination, was rejected.
(2.) Initially three petitioners approached this Court. However, Counsel on instructions submits that petitioner No. 2 (Achal Sharma)has failed and petitioner No. 3 (Jitendra Meena) has filed application to withdraw the petition on his behalf. Thus, Counsel is prosecuting the petition only for petitioner No. 1-Rishiraj. Degree of MBBS (professional) is of four & half years duration under semester system; and to clear semester, two attempts are provided for each semester of MBBS course. Petitioner joined MBBS course (Part-I) in August-2005 and appeared in 1st Year examination held in July, 2006 but could not pass out in 1st attempt; as such took 2nd attempt in January, 2007 but this time also, could not clear papers of I professional MBBS examination.
(3.) Sole grievance of petitioner by instant petition is that respondent-University earlier has granted one more (third) chance in the form of re-remand to save year-back; as a Special chance was provided to MBBS Part-II examination held in April, 2006.and at the same time, similarly situated students approached this Court by way of CWP-3087/2007 (Harlal Singh & (21) Ors.) seeking special chance and parity with those students in whose case the authority exercised discretion to save year-back of students, which was granted for appearing in IMBBS examination - July, 2007 vide order dt. 25/06/07 (Ann.2); and on the same analogy, petitioners also approached this Court by way of CWP-405/07 (Achal Sharma and Ors. v. Rajasthan University of Health Sciences) which was decided by this Court vide order dt.17/01/08 directing them to make their representation to the Vice Chancellor who shall consider & decide the same within one month - pursuant to which, petitioners submitted representation but their request was rejected vide order dt.03/03/08 (Ann.3). However, petitioner appeared in I-MBBS examination - July, 2007 and cleared all the paper in Third attempt.;