Maharashtra: No Bombay HC stay on final year, post-grad medical and dental exams

MUMBAI: Bombay high court on Friday declined to stay exams of final year and post-graduate medical and dental courses beginning from August 17 and August 25.
A bench of chief justice Dipankar Datta and justice Surendra Tavade heard a public interest litigation by 25 students of Bachelor of Dental Surgery and Master of Dental Surgery from various districts of Maharashtra to set aside the Maharashtra University of Health Sciences's decision to conduct the exams which include theory and practicals during the alarming Covid-19 pandemic circumstances prevailing in state.They stated that there is no guarantee that even if all precautions are taken, students will not get infected during travel to exam halls.
MUHS's advocate Rajshekhar Govilkar said the exams must be held as these students will be available as doctors in the fight against Covid-19. He informed that all deemed universities and many states have already held exams. Also, if exams are not held in Maharashtra, students will be deprived from competing for superspeciality courses. Govilkar assured that MUHS will take all precautions while conducting the exams.
The petitioners' advocate said that they are prepared to give online exams but are opposed to physical exams. He said two students had posted online that they tested positive for the coronavirus. The judges questioned if Supreme Court, which is hearing pleas against and for holding exams of professional and non-professional courses, has stayed any exams. "We'll not stop the exams," said the CJ, adding that MUHS can be directed to hold an exam later. The CJ also asked, "You don't want to appear for physical exam, how will you treat patients in the hospital?"
In the order, the judges said they do not consider it proper to grant interim relief by staying the exams. They said there could be students who might be willing and prepared to give the exams and a stay of the exams behind their back would be detrimental to them.
Declining the petitioners' prayer for a stay, the judges said the MUHS will be at liberty to conduct the exams. They, however, clarified that if any or all petitioners do not wish to write the physical exams such students may make out a case at the final hearing to direct MUHS to hold a separate exams.