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Judgment
V. Ramasubramanian, J.—The petitioner has come up with the above writ petition, seeking a direction to the respondents 2 to 4 to permit the petitioner to write examination in the subject of Community Medicine that was scheduled to be held on 7th and 10th March 2014.
I have heard Mr. AR.L. Sundaresan, learned Senior Counsel for the petitioner and Mr. S. Saravanan, learned counsel appearing for the respondents 2 to 4.
The petitioner joined MBBS Course in the Saveetha Medical College, which is a constituent college of the third Respondent University, in the academic year 2008-09. In the year 2009, he could not move over to the second year, since he was absent in all papers in the examination conducted for the first year. In other words, he had a break-up study.
The petitioner cleared the papers of the first year in September 2009. Thereafter, he moved on to the second year in October 2009. This is due to the Regulations of the University to the effect that a candidate cannot go over to the second year till he clears all the three papers of the first year.
The second year MBBS Course is of the duration of 18 months. The students in the second year, are exposed to Part-I and Part-II subjects of the third year, since these subjects are voluminous and could not be studied by students, within the stipulated period.
In March 2011, the petitioner was detained from appearing for the second year MBBS examination, as he had lack of attendance. But in September 2011, the petitioner appeared in the examination for Microbiology. However, he was absent in the exam for Forensic Medicine. He was detained in Pathology and Pharmacology for want of internal assessment marks. He failed in Microbiology. Since the Regulations of the University stipulate that a person cannot carry over more than two subjects to the third year of the MBBS, he was not permitted to join the third year.
The petitioner appeared for all four subjects in March 2012, but failed in three. Consequently, he was not permitted to move over to the third year Part-I. But he passed all the three subjects in September 2012 and became eligible to go to the third year in October 2012.
In the third year, the petitioner could not appear in Ophthalmology and Community Medicine for want of attendance and internal assessment. In March 2014, he appeared in ENT and Ophthalmology. But, he was detained in Community Medicine for lack of attendance. Consequently, he was not permitted to attend Part-II of the third year, forcing the petitioner to come up with the above writ petition.
At the time when the writ petition came up for orders as to admission on 05.03.2014, this Court permitted the petitioner to write examination in the subject Community Medicine, however, subject to the ultimate result of the writ petition. It was also made clear that the petitioner cannot claim any equity later on.
Subsequently, on 08.08.2014, I permitted the petitioner to appear for the examinations in ENT and Ophthalmology, as he had failed earlier. In so far as the Community Medicine was concerned, I reserve the issue for consideration.
The respondents 2 to 4 now filed a counter affidavit. Regulation 13 quoted in the counter affidavit of the respondent University reads as follows:-
"Regulation 13 of the University reads as follows:-
"a) No candidate shall be permitted to write any subject of MBBS examination unless he/she has attended the course in the subject for the prescribed period and produces the necessary certificate of study, attendance and satisfactory conduct from the Head of the Institution.
b) A candidate is required to put in minimum of 80% of attendance in both theory and practical/clinical separately in each subject before admission to the examination.
c) If the candidate is lacking in attendance in any one of the subject(s), he/she will be detained from writing the examination in the subject(s) in which the candidate lacks attendance, but will be permitted to appear for the rest of the subjects in which the candidate is having minimum required percentage of attendance. However the candidate cannot progress to the next academic year and will be detained in the same year until he/she fulfils the required attendance percentage by attending classes in the extension/detention period in the said subject(s) and passes the examination.
The subject(s) in which he/she is detained from writing the examination for lack of attendance shall not be treated as a failed subject(s) and will not be permitted to carry over the said subject(s) to the next year of study".
Admittedly, the petitioner could not secure 80% attendance in all the subjects. Therefore, as per the Regulations, the petitioner could not even be permitted to write the exams.
The contention of the petitioner is that the lack of attendance was due to an accident, in which, the petitioner was involved. But, while I can sympathies for the petitioner, since the lack of attendance is due to unfortunate circumstances, I cannot pass an order directing the University to violate the Regulations. A degree in Medicine, is not like any other subject. Attendance in classes is very crucial. Therefore, no relief can be granted to the petitioner.
Hence, the writ petition is dismissed. No costs. Consequently, M.P. Nos. 1 and 2 are also dismissed.