2025:HHC:17004 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8186 of 2025 Decided on: 02.06.2025 Mohd. Sohail Naqvi & others … Petitioners Versus All India Institute of Medical Sciences, Bilaspur & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Servedaman Rathore, Advocate. For the respondents : Mr. Anshul Attri, Central Government Counsel. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have, inter alia, prayed for the following reliefs:- “i) This Hon’ble Court may kindly be pleased to issue a writ in the nature of Mandamus directing respondents to permit the petitioner to appear in the examination in pediatrics Scheduled for 22/05/2025, AND/OR. ii) This Hon’ble Court may kindly be pleased to issue a writ in the nature of Mandamus for directing the Respondent 10 consider the representations submitted by the Petitioner praying for mercy attempt for Supplementary Examination in Pediatrics scheduled for 22/05/2025 iii) In the alternative, this Hon'ble Court may kindly be pleased to issue a writ in the nature of Mandamus for directing the Respondent to allow the petitioner to appear in the for Supplementary Examination in Pediatrics scheduled for 22/05/2025 and the petitioner undertakes to complete his attendance in the remedial classes as and 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:17004 when scheduled by the Respondent Institution.” 2. When this case was listed on 20.05.2025, the following order was passed:- “By way of this writ petition, the petitioners, four in number, have prayed for the following reliefs- "i) his Hon'ble Court may kindly be pleased to issue a writ in the nature of Mandamus directing respondents to permit the petitioner to appear in the examination in pediatrics Scheduled for 22/05/2025, AND/OR ii) This Hon'ble Court may kindly be pleased to issue a writ in the nature of Mandamus for directing the Respondent to consider the representations submitted by the Petitioner praying for mercy attempt for Supplementary Examination in Pediatrics scheduled for 22/05/2025. ii) In the alternative, this Hon'ble Court may kindly be pleased to issue a writ in the nature of Mandamus for directing the Respondent to allow the petitioner to appear in the for Supplementary Examination in Pediatrics scheduled for 22/05/2025 and the petitioner undertakes to complete his attendance in the remedial classes as and when scheduled by the Respondent Institution." The petitioners are seeking a direction to the respondents to allow them to appear in the examination in the subject of Pediatrics scheduled for 22.05.2025. The petitioners are the students of MBBS Batch of the year 2020. They have been denied permission to undertake the examination on the ground that they do not fulfill the attendance criteria of 75% of the total lectures. The Court has been informed that the petitioners alongwith other students, qua whom, there was a shortfall of lectures, were allowed to attend the remedial classes, both of 3 2025:HHC:17004 the Theory as well as Practical, however, even after attending the remedial classes, there is a shortfall in their lectures so as to cross the benchmark of 75%. Learned Counsel for the petitioners has submitted that in case the petitioners are not allowed to participate in the examination, which is scheduled for 22.05.2025, they will be loosing 1½ year of their career because next examination in pediatrics subject shall be held after 1½ year. Learned Counsel appearing for respondent No. I has informed that the next examination of Pediatrics shall take place only in the month of July, 2026. Taking into consideration the fact that on one hand there is a shortfall of attendance as far as Theory and Practical classes are concerned and on the other hand, if the Court does not permit them to sit in the examination, they shall be loosing 1½ year of their career, this Court is of the considered view that taking into consideration the peculiar facts of the case, it would be in the interest of justice, in case, the Betitioners are allowed to participate in the examination concerned but subject to the condition that they will again undergo remedial classes, which shall be specially convened for them by respondent No. 1, at their expense to make good the attendance. At this stage, learned Counsel for the petitioners submitted that because the petitioners after passing MBBS shall have to undergo internship also, they are willing to forgo 30% of the stipend that they shall be receiving during the period of their internship. This Court is of the considered view that in case the petitioners are successful in final semester examination and they get selected for internship, then in lieu of their being permitted to participate in the examination, they shall have to forgo 50% of their internship stipend each month and if they 4 2025:HHC:17004 are not successful, then the failed candidate shall also have to compensate the college by paying an amount equal to what other students shall forgo out of their stipend for the internship period. Learned Counsel for the petitioner states that the petitioners are agreeable to this. Learned Counsel for respondent No. 1 submitted that let an affidavit to this effect be filed by each of the petitioner so that non-compliance thereof shall be construed to be the contempt of the Court order. Learned Counsel fie the petitioners submits that petitioners shall do the needful but as the petitioners currently are busy in their examination, the care be listed after 29.05.2025. Ordered accordingly. The case in ordered to be listed on 02.06 2025, by which date, each of the petitioner shall file an affidavit to the effect that in lieu of his being allowed to participate in the examination, he shall forgo 50% of his stipend while undergoing the internship or the entire period of internship and in case, he is not successful, he shall pay in lieu of his being permitted to undertake the examination, an amount which is equivalent to the amount of stipend of the internship period which other petitioners forgo Respondent No. 1 is directed to allow the petitioners to appear in the examination in the subject of Pediatrics, scheduled for 22.05.2025, however, result thereof shall not be declared without the leave of the court.” 3. Learned counsel for the petitioners informs the Court that the affidavits have been filed with the Registry of this Court. Mr. Anshul Attri, learned Central Government Counsel, appearing for the respondent-Institute submits that he has gone through the contents of the affidavit and they do satisfy with the conditions 5 2025:HHC:17004 imposed by the Court. 4. At this stage, learned counsel for the petitioners submits that the petitioners are praying for one modification in order dated 20.05.2025. They pray that in case any of the petitioners are unsuccessful in the MBBS examination in this attempt, then as and when they pass their MBBS, they shall forego 50% of their stipend in terms of order dated 20.05.2025, when they are unrolled for Internship. 5. As prayed for, order dated 20.05.2025 is modified to the extent that those candidates who are not able to pass MBBS in the present attempt, shall not be forced to deposit the money in terms of the order passed by this Court on 20.05.2025, but they will forgo their stipend after they do pass their MBBS and are enrolled for Internship. Their affidavits shall be read accordingly. 6. At this stage, learned counsel for the petitioners submits that there were two other candidates similarly situated as the petitioners and as per the instructions imparted to him, they also have been allowed to participate in the examination, but without imposition of any condition. Mr. Anshul Attri, learned counsel appearing for the respondent-Institution submits though the other two students were allowed to participate in the examination, but in the legal opinion which was sought from him, he has clearly stated that this will be subject to the said candidates abiding by all the conditions which shall be imposed by this Court on the petitioners 6 2025:HHC:17004 and they are agreed to the same. His statement is taken on record. 7. The petition stands disposed of. The respondents are directed to declare the results of the examination. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge June 02, 2025 (Rishi)