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A petition has been filed in the Supreme Court seeking waiver of the final year examination of final year post graduate medical resident doctors.

The petition filed by resident doctors pursuing post graduate courses (MD/MS//Diploma) in various disciplines of medical science through Advocate Rohit Pandey challenges the notifications dated April 27, 2021 and April 22, 2021 issued by National Medical Commission. 

The plea states that, “on one hand it had advised the medical colleges to further continue taking the services of post graduate Final year medical students/residents to keep up the fight against this pandemic and on the other it had advised the universities to decide the time and method of postgraduate practical final examination taking into consideration the pandemic situation in their area”. 

The petitioners have submitted that the said notifications are not only harsh but are manifestly arbitrary for the following reasons:

1. They fail to consider that the post graduate final year medical students have been extremely occupied due to COVID duty and have hardly had anytime for the preparation for their final examination. It is important to note that ideally the final year PG students used to get a study leave of about 2 months for preparing for their final examination but owing to pandemic duty they have not been given even 1 day for preparation. The notifications fails to recognize the catastrophic impact of absence of the Final year PG residents in our nation’s fight against Coivd-19 pandemic, if the final exams were to happen. In such circumstances the respondents ought to do away with the passing marks i.e. 50 %. 
2.  Their duty towards covid-19 patient be considered while evaluating their practical experience as irrespective of their 9 stream, the Postgraduate students are being used for covid19 duties. 
3.  The respondents are extending the academic period of the petitioner beyond the prescribed schedule of 3 years due ongoing pandemic for their services but they are not given any credit for the same. 
4.  May it be noted that the final examination of the PG resident doctors is a extremely important cornerstone for them as it decides their specialty which is very significant for any doctor

The petitioners have thus sought to declare the impugned notifications unconstitutional and ultra vires.

The petitioners have also sought directions for promoting them as senior residents and post-doctoral students as soon as the scheduled tenure completion of three or two years (whichever applicable) along with pay scale and other allowances. 

It has further been urged that the Court may issue directions for constitution of a joint expert committee for examining and recommending on the prayers of the petition and its recommendations, shall be binding on all the respondents.  

Case Title: Indian Council of Early Childhood Educators and Institutions v Union of india and Ors