Chhattisgarh High Court granted relief to MBBS student, with gap, to appear final exams

Chhattisgarh high court has granted interim relief to a MBBS student, with almost five-year gap, to appear for the final year examination in October.

While hearing on an interlocutory application seeking permission to appear in the forthcoming MBBS Final Year Part-I Exams, the bench of Justice P Sam Koshy gave permission to the petitioner Avinash Deshlahra to participate in the examination besides stating that this would be subjected to the petitioner meeting the requisite eligibility criteria for the examination, unless otherwise relaxed or exempted by the respondent authorities.

Petitioner’s counsel Akshara Amit told TOI the petitioner appeared for final year part one exam in the year 2015 but he couldn’t succeed and had backlog. Following this, he couldn’t complete his exams due to unavoidable circumstances. The petitioner is trying to complete his degree and appear for exams in February 2020 for which he started approaching the authorities concerned since October 2019. Amid proceedings of main petition which is regarding grant of degree, an interlocutory application was filed seeking an interim relief .

The time when Deshlahra took admission in MBBS course, the institute CIMS, Bilaspur was under Guru Ghasidas University (GGU), subsequently Ayush University took over the said institute. GGU gave a no objection certificate to him for appearing in the final year exam. Similarly, AYUSH University did the same; however, the university stated that since the enrolment of the petitioner still continues with GGU, the degree should be issued from there only, the order said.The HC stated that the only dispute is which agency or university would issue the degree or certificate, which can be decided at a later stage too. Besides, considering the fact that final year MBBS Course Part-I have to begin from first week of Oct, and the petitioner would lose a year if interim relief is not granted. The HC directed the universities and respondents to permit him to take the examination.