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2025 DAILYLAW 16078 (UTT)

SURENDRA PRATAP SINGH v. STATE OF UTTARAKHAND

WPMS/3110/2025 · 2025-11-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9884 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 1 1 0 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Rakshit Joshi, Advocate for the petitioner. 2. Mr. Ganesh Dutt Kandpal, Deputy Advocate General for the State of Uttarakhand / respondent no. 1. 3. Mr. Bhuwan Bhatt, Advocate for respondent no. 3. 4. Mr. Parikshit Saini, Advocate for respondent no. 4. 5. Petitioner was admitted in MBBS Course in Government Doon Medical College, Dehradun, during Academic Session 2020-21. According to him, he could not pass the First Professional Examination and now the College is not permitting him to appear in the First Professional Supplementary Examination. 6. By means of this writ petition, petitioner has sought the following reliefs: “i. Issue a writ, rule or direction in the nature of mandamus commanding the Respondents to permit the Petitioner to appear in the forthcoming University Supplementary 1st professional MBBS examination Batch 2024 (Anatomy) scheduled for 10.11.2025 and 11.11.2025, or in the next available supplementary examination. ii. Issue a writ, rule or direction in the nature of of mandamus, directing the Respondents to give effect to the NMC Notification dated 11.12.2023 granting one additional (mercy) attempt to MBBS students 2025:UHC:9884 admitted during the academic year 2020-21, and to extend the same benefit to the petitioner. iii. Issue a writ, rule and direction in the nature of mandamus directing the Respondent No. 4 to decide the petitioner's representation dated 24.07.2025 expeditiously, preferably before the scheduled date of examination.” 7. Mr. Parikshit Saini, learned counsel appearing for National Medical Commission submits that as petitioner is not on the rolls of National Medical Commission, therefore, representation, if made by him, directly to National Medical Commission would not be entertained. He submits that if petitioner is seeking permission of National Medical Commission for appearing in the supplementary examination, as he has failed to qualify the First Professional Examination even after five years, then the application made by him has to be routed through the Principal of the concerned college, with his recommendation and other details of the petitioner. 8. Learned counsel for the petitioner submits that due to tragic events which struck family of the petitioner, while he was a toddler, he became orphan and during last five years also, there were certain unfortunate incidents, due to which petitioner could not appear in the examination. He submits that if authorities are not directed to consider petitioner’s claim for appearing in the Supplementary Examination, petitioner would lose the last hope of his life 9. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to 2025:UHC:9884 petitioner to make application to the Principal of the concerned college for permission to appear in the First Professional Supplementary Examination, likely to be held in near future. If petitioner makes such application within one week, Principal shall forward the application to National Medical Commission along with all necessary information/ particulars of the petitioner with his recommendation within next ten days. The National Medical Commission (Under Graduate Medication Education Board) shall look into the prayer made by the petitioner, as recommended by the Principal of the concerned college and pass necessary orders, as per law, as expeditiously as possible. ( Man oj Ku m ar Tiw ar i, J.) 10.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb 9046f487df006da82a131bb4e4403d3c0a15 , postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A1 03819DA875643AF56D653D095C6ED9A86 DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.12 09:46:34 +05'30'