While hearing the case of a 50-year-old man seeking re-admission to the MBBS course more than three decades after dropping out, the Gujarat High Court on Wednesday said the petitioner could not be allowed to act on his whims and to play with people’s lives.
Bhargav D Karia court was hearing a plea filed by a certain Kandip Joshi, who appeared for his second year MBBS exams at Baroda Medical College in 1988 and later dropped out for personal reasons.
The petitioner, who is currently engaged in business, wanted to continue his third-year MBBS course and sit for the exam at the same college, more than 30 years later, Mr Joshi’s lawyer told the court.
The court wanted to know why he should continue to take the MBBS course at this stage of life and ‘play with people’s lives’.
“Suppose there are no rules (for such readmissions). Even then, you cannot be allowed to act on your whims, especially when you are going to gamble with people’s lives,” said observed the court hearing his plea.
“Why should he waste…what will he get after that?” Can he do an internship at 50? It is not possible. How many children (has he)? At 50, his children must be of age to take the MBBS course. Is he going to study with his children for the course?” Judge Karia asked.
He further stated that the petitioner was doomed if he sat for the exam, especially since he would be taking the new course after such a long hiatus.
When Mr Joshi’s lawyer argued that the applicant had sought to study the third-year course before taking the exam, the court said such permission could not be granted.
“Why should he be ready at this stage of life, to start from scratch? the court questioned.
He further noted that the program would have changed several times with advances in medical science over the past three decades.
“The course for which you sat for MBBS first and second year exams does not exist, so where is the question of allowing you to pass the third year?” asked Judge Karia.
Mr Joshi had first approached the college in 2013 to ask for readmission to third year, and after being refused, he approached the court, which rejected his plea in 2019, while giving him freedom to approach the Medical Council of India (MCI) with representation.
Claimant’s attorney stated that when Joshi approached the MCI, it denied his request stating that “the permitted period of interruption shall be five years from the period of interruption”.
He said the date of application for reinstatement should not be more than five years from the date of withdrawal. In Mr Joshi’s case, it was 31 years since he first approached the dean of Vadodara Medical School in 2013, his lawyer said.
(Except for the title, this story has not been edited by NDTV staff and is published from a syndicated feed.)