Harvinder Singh vs The Principal, Guru Gobind Singh Medical College and Another

R.S. Mongia, J.—The petitioner had appeared in the First Professional Examination of M.B.B.S. held by Punjabi University, Patiala in February/March, 1991 and failed to clear one subject i.e. Bio-Chemistry, in which he got re-appear. He appeared in the Bio-Chemistry paper of the First Professional in the Supplementary Examination held in July 1991. The result of the said examination is still awaited. The prayer made in the writ petition is that till the result of the re-appear paper is declared, he may be allowed provisionally to join Second Professional Course and attend lectures so that he may not fall short of lectures.

The regulation on the point is Ordinance No. 13 which reads as under:-

"No candidate shall be promoted to second professional course unless he has passed the first professional in full in all the subjects."

No doubt according to above said Ordinance, a candidate cannot be promoted to the second professional course unless he has chared all the subjects of first professional, however this does not debar a candidate to be provisionally admitted to the second professional course subject to his clearing all the papers of the first professional course and in case a candidate fails to clear the re-appear , papers in the supplementary examination then he may not be allowed to continue studies in the second professional course.

Keeping in view the facts and circumstances of the case and equity, which is in favour of the petitioner, it is hereby directed that the respondents will allow the petitioner to join second Professional Course provisionally at his own risk and would be allowed to attend lectures. It is made clear that in case, he fails to clear the re-appear paper of the first professional course which he has already taken in July 19, 1991, then he would not be allowed to continue his studies in the second professional course and in ease he passes in the said paper then his provisional admission would be regularised and the lectures attended by him will be counted With these observations and directions, writ, petition stands disposed of. There will be no order as to costs.