Medical student moves HC to clear himself of taint

Dr Manoj Bansal was declared failed in the first attempt of prestigious post-MD course, but moved the court which asked GU council to rectify abnormality in assessment

By Yogesh Avasthi

Posted On Monday, October 12, 2009 at 02:08:54 AM (Ahmedabad Mirror : http://www.ahmedabadmirror.com/index.aspx?Page=article§name=News%20-%20City§id=3&contentid=20091012200910120208545788b361de6)

A meritorious post-graduate medical student declared failed in the first attempt of a super-speciality course is on way to getting the injustice corrected with court intervention. The student cleared the exam in the second attempt since. The Gujarat High Court on April 28 directed Gujarat University executive council to look into the matter and rectify the abnormality in assessment. The GU council took up the matter for consideration on Sunday.
Dr Manoj Bansal had applied for post-MD course —(DM) Cardiology. The three-year super-speciality course is conducted at only one institute in the state — the UN Mehta Institute of Cardiology and Research Centre, Ahmedabad. The institute has just one seat for the course for which as many as 400 post-graduate medical professionals apply. Bansal was the only one to clear it in 2005.
Strangely, the course that confer the highest of qualifications was not recognised by Medical Council of India. Peeved by this, Bansal moved the High Court to as MCI to recognise DM course. The HC subsequently directed MCI to recognise it, which it did. UN Mehta Institute, however, did not take kindly to being dragged to court in the matter, claimed Bansal. A few professors there wanted to get back at Bansal.
Bansal’s three years in the course were a cakewalk till the final exam and the practicals in 2008. While he cleared the theory exams, he was failed in the practicals. Bansal alleged that the decision to fail him was biased, and that two of the four people who evaluated his performance in practicals were not adequately qualified. Bansal argued before the university that the two doctors, Dr R K Gokharoo and Dr Leelam Shah, are nor not recognised PG teachers. They have neither done DM nor have taught the course.
“The marks they gave differed by just one in each of the four categories of practicals. Where Gokharoo awarded 31 marks, Leelam awarded 30, and so on,” Bansal claimed. His marks in theory where hanky-panky is difficult were top-notch. Perforce, the student had to appear for the DM final exam a second time. This he cleared with ease in January 2009. But Bansal wasn’t one who’d take second-best.
He wanted the taint of the first attempt failure probed and rectified. The university executive council did not entertain his request, after which he moved the HC. On the directive of Chief Justice K S Radhakrishnan and Justice Akil Kureshi, GU referred Bansal’s case to an expert panel. The matter will be taken up in the council’s next meeting when the Bansal hopes to be vindicated.

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