MGR Varsity guidelines not constitutional

CHENNAI: The new guidelines prescribed by the TN Dr MGR Medical University with regard to clinical/viva voce test for final year MBBS (Non-Semester) Part-II Exams concerning the subject ‘General Surgery’ have been declared as unconstitutional and violative of Article 14 of the Constitution by the Madras High Court.Justice P Jyothimani made the declaration while allowing a batch of writ pleas from P Anand and 16 others. Advocate S Thanka Sivan said, the University had been following the regulations of the Medical Council of India (MCI) till 2008-09. Thereafter, the university, in respect of the final year part-II general surgery of MBBS course, introduced the impugned guidelines by dividing the practical/clinical into two separate branches, one as clinical surgery and the other as ortho clinical. The total marks for practical were fixed as 150 and divided into -- clinical surgery (practical) 100 marks with minimum requirement of 50 and ortho clinical (practical) 50 marks with minimum requirement of 25 marks for a pass. Selvan contended that when the MCI rules contemplated obtaining 50 per cent of the total marks, the university had divided them into two subjects stating that in each of the subject, 50 per cent marks had to be obtained individually, which was unconstitutional. The university submitted that the new guidelines were to improve education standards.  Rejecting the submission, Justice Jyothimani observed that the univesity had every right to introduce better standards, but it did not mean that a totally contradictory stand, when the issue was covered under Entry 25 in List III to the Seventh Schedule. So, it was certainly not open to the university to contradict the clause, framed by the MCI as per Sec 33 of the Indian Medical Council Act as a statutory regulation after the Centre’s consent. It could not be permitted to impose a different yardstick in respect of the students. The guidelines were unconstitutional, discriminatory and violative of Article 14 of the Constitution, the judge said, and directed the university to permit the petitioners to go for internship, in 10 days.