HCs nod to off-line medical exams with RT-PCR rider Staff Reporter : Nagpur bench of Bombay High Court on Saturday gave a go-ahead to off-line examination of medical students slated from June 10 in which over 40661 students would write their papers at 173 examination centres. Considering the possible threat of spread of COVID-19 infection the High Court also directed Maharashtra University of Health Sciences (MUHS) to issue advisories asking medical students to produce a negative RT-PCR test report along with their hall ticket at the examination centre on June 10 or before their following paper. Justice Avinash Gharote Vacation Judge also allowed the students appearing for the examination to submit such RT-PCR certificate before the second paper (before June 15) provided report of a Rapid Antigen Test was submitted. The High Court made it clear that if the report was positive the examinee would not be allowed to take the examination. Justice Gharote refused to stay off-line examination on a public interest litigation (PIL) by HERD Foundation through its Managing Director Dr Amol Deshmukh and a physiotherapy student Nilesh Tantarpale seeking on-line examinations or vaccination for nearly 40000 under-graduates before giving the semester exams spread across 20 days and 173 centres. While reading out its order the High Court made it amply clear that it was not in favour of granting any interim relief and stay to MUHS Winter-2020 (off-line) Examination for under-graduate students. The High Court pointed out that only one student out of 40000 had approached it claiming support of only 300-400 students who in any case constituted a tiny majority while others might be ready to take the examination and it was not proper to disturb the schedule at this juncture. Students were well aware about off-line examinations and the same were conducted for post-graduate students in February-March 2021. Besides the students will be spread over 173 centres and as such comparing it with SSC or HSSC examination is not proper the High Court noted while describing medical students as future doctors. “The examinees are undertaking the examinations in various medical courses and upon successfully completing the courses would be working in the field of medicine handling patients with various infections some of which may be communicable. It does not augur well for such medical professionals to harbour such insecurities” the High Court observed. Not disheartened by refusal petitioners counsel Adv Rahul Bhangde once again requested the High Court to consider mandatory testing before anybody could enter the examination centre. Though the High Court was initially reluctant later it asked MUHS and State to consider feasibility of this suggestion since all the examination centres were attached to medical colleges and hospitals where such a test could be easily conducted. Adv Abhijit Deshpande appearing for MUHS opposed the prayer submitting that due to paucity of time they would not be able to carry out the exercise of informing students. As a middle ground he suggested an upper limit for students to get the test done independently. The bench also favoured that students should get their tests done and ordered RT-PCR negative test as condition precedent to appear in June 10 examination. MUHS has been directed to issue an advisory to the Principals of various colleges and also to publish on its website indicating that it would be desirable that each examinee should have himself tested for COVID-19 and produce a negative test report along with his hall ticket on June 10 2021. The matter will now be heard by the regular division bench on June 14. Adv Rahul Bhangde (petitioners) Adv Abhijit Deshpande (MUHS) ASGI Ulhas Aurangabadkar (Union) Adv Radhika Bajaj (National Medical Commission) and In-charge GP Ketaki Joshi (State) appeared in the matter. All that is necessary possible to vaccinate is being done: HC The High Court while reiterating that safety of every citizen is the duty of the Union and the State noted that “all that is necessary and humanly possible to protect and save lives is being done by putting to maximum utilisation the resources which are presently available.” Every life is valuable and needs to be protected Justice Gharote noted while making it clear that even citizens had a duty to strictly adhere to the social distancing norms and the Standard Operating Procedure (SOP) prescribed in this regard. “In a country with a huge population as we have it is well neigh impossible to ensure that each and every citizen would be vaccinated within a given period of time as such a programme would definitely take considerable period of time” the High Court observed. Though frontline workers have been given priority in vaccination which is but natural considering their exposure the vaccination process is slowly and surely expanding to cover as large a populace as possible. For this various measures including permitting private players to procure the vaccine from abroad and to provide the same to the citizens have been permitted the order noted while not favouring immediate vaccination of all examinees as a condition precedent to conducting off-line examination. Though vaccine is the best shield but efficacy of various vaccines varies and is not 100 per cent the High Court stated while observing that vaccination alone could not be a panacea for COVID-19. There is also no guarantee that by sitting home a person may not contract COVID-19 the High Court observed while permitting MUHS to go ahead with off-line test.

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