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Judgment
The High court was called upon to interpret Ordinance 13 relating to MBBS examination of the Punjabi University, Patiala. The Ordinance was amended on 17/5/1982. The amended Ordinance and the earlier unamended Ordinance are reproduced hereunder : EXISTING PROVISIONS AMENDMENT PROPOSED
No candidate shall be promoted No candidate shall be promoted
to the next higher class unless he to the second professional
has passed the first professional course unless he has passed the
examination. However, candidates first professional examination in
failing in January full in all the subjects.
examination for the first time
may be allowed to attend the
next higher class till May next.
The concession will not be given
to the candidates failing in May
or any other examination.
The High court came to the conclusion that the students who failed to pass all the subjects in the first professional examination, were not entitled to join the second professional course. The High court further examined the earlier decisions of the Punjab High court on the interpretation of Ordinance 13. The reasoning of the High court in the impugned order is as under :
"SUCH being the situation, there can be no manner of doubt that the petitioners are not entitled to the relief claimed, namely, provisional permission to attend the 2nd professional course without having cleared in full all subjects of the first professional course
FACED with this situation, counsel for the petitioner sought to press in aid the judgment of this court in Harvinder Singh v. Principal, Guru Gobind Singh Medical College, Faridkot where a similar prayer had been made and allowed on the reasoning that, no doubt according to the Ordinance 13, ''a candidate carect the respondent University to permit the petitioners to continue attending these classes until the declaration of their result in the reappear papers. If they are successful in clearing these papers, they shall be deemed to be regular students of the 2nd professional MBBS course. If, on the other hand, they do not clear the reappear papers, they shall not be allowed to continue to attend the classes of this course any further. This writ petition is disposed of in these terms''.
IT will be seen that the judgment of the division bench in Amrik Singh case is founded upon and follows the earlier judgment of the Single Judge in Harvinder Singh case.
IN the context of the factual background as narrated earlier, we are with respect constrained to hold that Harvinder Singh case does not lay down correct law and has thus to be overruled, as also Amrik Singh case which was decided on the basis thereof. It is apparent that the recommendations of the Medical council of India leading to the amendment in Ordinance 13 as also the judgment in Anita Virdi case were not brought to the notice of the Hon''ble Judges. Had this been done, a different ruling would, undoubtedly, have been followed.
WE, consequently, hold that unless and until all the subjects of the 1st professional MBBS examination have been cleared, no student is entitled to be promoted or to attend the 2nd professional course even provisionally."
WE see no ground to interfere with the reasoning and the conclusions reached by the High court. Special leave petitions are dismissed. court Masters