Read Order: Navdeep Malik v. Medical Council of India and Other

Monika Rahar

Chandigarh, April 22, 2022:While dealing with a writ petition by a postgraduate student who was expelled for a period of more than five for having indlged in misconduct, the Punjab and Haryana High Court has held that lost time cannot be made up and the university does not have the powers to dilute the Postgraduate Medical Education Regulations, 2000 as no provision exists therein in that regard. 

The bench of Justice Sudhir Mittal held, 

“Admittedly, the petitioner was expelled vide order dated 13.12.2019… 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 The order of expulsion was withdrawn only on 20.05.2020 by taking a sympathetic view as the complainants had submitted that they have reached an amicable settlement with the petitioner.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.”

In this case, the petitioner was expelled vide an order dated December 13, 2019, for having indulged in misconduct. The order of expulsion was withdrawn only on May 20, 2020, by taking a sympathetic view after the complainant reached an amicable settlement with the petitioner. 

The counsel representing the second and the third respondents submitted that Postgraduate Medical 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. It was further his case that since the petitioner was unable to attend classes from December 13, 2019, to May 20, 2020, he did not fulfil the aforementioned requirements and thus, he could not be helped.

After considering the circumstances of the case, the Court opined that lost time cannot be made up and the university does not have the powers to dilute the regulations aforementioned as no provision exists therein in that regard. 

In view of the above, the writ petition was dismissed. 

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