jiafm, 2010-32(2) april-june. - forensic medicine

ISSN 0971-0973 J Indian Acad Forensic Med, 32(2)semester. Now question is, when those re-appearstudents will complete their 3 rd semester? And, whatwill they gain in 2 nd professional, when almost 1/3 rdof syllabus has already been covered, that‟s too thebasic concepts. Moreover, this problem will be therethroughout their remaining career, as they will joinevery professional late by six months.Now if we say that reappear students willjoin 3 rd semester, it will virtually mean that there willbe a separate batch, say “re-appear batch”. Then whatwill happen, when next regular batch will come? Thatmeans, for six months a year, all 2 nd professionaldepartments will have three batches at their disposalfrom July to December of every year i.e. one batch in5 th semester, another in 3 rd semester and onesupplementary batch and two batches for other sixmonths (from January to June of every year), and torun so many batches simultaneously is impossible forall the departments, given the prevailing situation.Another point of concern is regarding theunutilized six months. Reappear students are notallowed to attend classes of 2 nd professional; and theyare not supposed to attend classes of 1 st professionalbecause they had already covered syllabus andrequisite attendance of 1 st professional M.B.B.S.Then, what will they do for those six months?Moreover, the re-appear students will loose sixprecious months of their career, as they join mainbatch after passing supplementary examination, asstated by MCI regulations, but are examined in 2 ndprofessional six month later than main batch, as theyhave to complete one and half year course of 2 ndprofessional M.B.B.S., before they can appear for 2 ndprofessional examination, according to MCIregulations which states, “after passing pre-clinicalsubjects, 1 ½ year (3 semesters) shall be devoted topara-clinical subjects”.Due to this clause of MCI, universities have tofollow-in the footsteps and frame rules accordingly.Ordinance 7 of Baba Farid University of HealthSciences, Faridkot (Punjab) [BFUHS, Faridkot] says,“the 2 ndProfessional examination shall be heldduring the fifth semester in the month ofNovember/December or on such other dates as maybe fixed by the Vice Chancellor, and shall be open toa person who after having passed the 1 st Professionalexamination, remained on the rolls of an affiliatedcollege for one and a half academic year precedingexamination, and has his name submitted to theRegistrar through the head of the College/Institutealong with the certificates as required by Clause (2)of Ord.6 Supra”. [4]Research of Court Cases:These clauses has been constantlychallenged in the courts, and many a times courtshave allowed re-appear students to attend classeswith regular batch and even allowed these re-appearstudents to appear in 2 nd professional exams alongwith regular batch. Recently, Hon‟ble Punjab &Haryana High Court gave verdict in favor of studentsin five identical cases, which were disposed offcollectively. Students were first allowed to attendclasses with main batch and subsequently they wereallowed to appear with regular batch in 2 ndprofessional examination. [2, 3, 5, 6, 7] The learnedjudges of High Court observed that,………“In the present case, notice of motionwas issued by a Coordinate Bench on 25.1.2008 andan interim order was passed in favor of thepetitioners whereby they were permitted to attendclasses of Phase II of MBBS course subject topassing of their re-appear papers. It has been statedthat except for Omrao Singh Bawa petitioner No.1 inCivil Writ Petition No.1368 of 2008, all otherpetitioners in the five writ petitions before us havepassed their re-appear examination and have alsoattended classes of 2 nd professional examination. Weare of the view that the petitioners because of theinterim orders have proceeded ahead in their studies,in case we put the clock back, it would cause extremehardship to the students. During the pendency of thewrit petitions, much water has flown. Petitionersexcept Omrao Singh Bawa petitioner in Civil WritPetition No.1368 of 2008 have not only passed there-appear examination but have attended the classesand have been imparted education. Therefore, it willnot be just to take away the benefit which has flownto them due to grant of interim orders in their favor.Therefore, without taking the present cases to beprecedent binding, we permit the petitioners exceptOmrao Singh Bawa, to proceed ahead in their studiesand undertake final examination of the 2 ndprofessional examination.” [2]In an earlier order, same views wereexpressed by the learned judges of the Punjab andHaryana High Court and the petition of the studentsto allow them to appear in 2 nd professional M.B.B.S.exam with the main batch was allowed. Hon‟ble Highcourt ruled that,…….”We are of the view that once thestudents passing supplementary examination areallowed to join the main batch and complete requisiteperiod of study, they could not be debarred fromappearing in the main examination for secondprofessional along with the main batch. Even theUniversity is not taking the period of 18 months asrigid, as the examinations for the main batch arebeing held before 18 months of commencement ofstudy. From, August 2006 to November 2007, periodis 15months. Only difference in the students who jointhe main batch after supplementary examination andthe students who join the main batch from thebeginning is a period of 2-3 months and if thestudents joining the main batch later have been180