The Allahabad High Court has asked the Vice-Chancellor of Banaras Hindu University, Varanasi to make a decision within three weeks considering sympathetically the punishment given to MBBS students doing NEET pass internship for admission in PG courses.
The Division Bench of Justice Suneet Kumar and Justice Syed Qamar Hasan Rizvi passed this order while hearing a petition filed by Soumik Dey and others.
The Petitions are being decided by a common judgment and order as they arise from the same facts and incident on the consent of the parties.
Petitioners before the Court are the M.B.B.S students presently performing internship at the Institute of Medical Sciences of the Banaras Hindu University (Institute).
By the order dated 23/24 March 2024, issued by the Director of the Institute, internship undertaken by the petitioners came to be cancelled on the ground of dereliction of duty and were directed to take fresh internship. In other words the internship already undertaken has been cancelled.
The Court noted that,
It appears that the petitioners filed a review application as the punishment imposed was too harsh and would ruin the future career of the petitioners. It is informed that the petitioners have also qualified the NEET PG exam and due to punishment order, they would not be able to take admission in the PG Course.
Accordingly, the Vice Chancellor taking a liberal view on the review application has reduced the punishment, noting therein that ‘cancellation of period of internship shall be for a period of four months, only, from 01.10.2022 to 31.01.2023 (and not for the entire duration)’.
In this backdrop, it is submitted that the punishment order would end on 31 August 2023. In that event, petitioners would not be able to take admission to the PG course of various Universities/Colleges, including, AIIMS. In the circumstances, it is prayed that the punishment order dated 29 April 2023 be reduced for a period of three months.
Senior Counsel appearing for the respondent-University submitted that petitioners may approach the Vice Chancellor through the Director of the Institute. In the event, such an application is filed, their case shall be considered sympathetically and as per the Rules having regard to the carrier of the students.
“In view thereof, writ petition on consent, is disposed of with liberty to the petitioners to make an application/representation against the order dated 29 April 2023, for further reduction of the punishment imposed. In the event, such an application is filed, the same shall be considered sympathetically, preferably within a period of three weeks from the date of filing of certified copy of this order along with copy of the writ petition. The order dated 29 April 2023 shall abide by the order to be passed on the representation”, the order reads.