Navdeep Malik v. Medical Council Of India And Others

Navdeep Malik v. Medical Council Of India And Others

(High Court Of Punjab And Haryana)

Civil Writ Petition No.7912 of 2022 | 21-04-2022

SUDHIR MITTAL, J.

1. Learned counsel appearing for respondents No.2 & 3 submits that Postgraduate Education is governed by the Postgraduate Medical Education Regulations, 2000 and according to Clauses 10 & 13 thereof, it is essential for a student to attend three completed years of training as well as to clear the requirement of 80% attendance in each academic term of six months. Since the petitioner has been unable to attend classes from 13.12.2019 to 20.05.2020, he does not fulfill the aforementioned requirements and thus, he cannot be helped.

2. Admittedly, the petitioner was expelled vide order dated 13.12.2019 (Anexure P-1) for having indulged in misconduct. The order of expulsion was withdrawn only on 20.05.2020 by taking a sympathetic view as the complainants had submitted that they have reached an amicable settlement with the petitioner. Thus, lost time cannot be made up. The university does not have the powers to dilute the regulations aforementioned as no provision exists therein in that regard.

3. In view of the above, the writ petition has no merit and is dismissed.

Advocate List
Bench
  • HON'BLE MR. JUSTICE SUDHIR MITTAL
Eq Citations
  • NON REPORTABLE
  • LQ/PunjHC/2022/6979
Head Note

Education and Universities — Medical Education — Postgraduate Education — Attendance — Lost time cannot be made up — Petitioner expelled vide order dt. 13-12-2019 for having indulged in misconduct and order of expulsion withdrawn only on 20-05-2020 by taking a sympathetic view as complainants had submitted that they had reached an amicable settlement with petitioner — Thus lost time cannot be made up — Postgraduate Medical Education Regulations 2000, Cll. 10 and 13