Advisable That Students Produce Negative RT-PCR Results For Maharashtra University Of Health Sciences (MUHS) Exams : Bombay High Court

The Bombay High Court (Nagpur Bench) has directed the Maharashtra University of Health Science (MUHS) to issue advisories asking medical students to produce a negative RTPCR covid-19 report along with their hall ticket at the examination centre on June 10, or before their following paper.

"In case an examinee, is not having such a RT-PCR certificate, he can have report of a Rapid Antigen test and be permitted to appear in the examination on its basis,but may also be asked to get an RT-PCR test conducted upon himself/herself and produce a report in that regard on th enext date of the examination and preferably by 15/06/2021", ordered the bench of Justice Avinash Gharote.

Needless to say, if the report is found positive, the examinee would not be in a position to take the examination, the court said while dictating the order.

The bench passed the order on a PIL by NGO HERD Foundation while refusing interim relief and stay MUHS's 'Winter 2020 (offline) Examination' for undergraduate students.

The PIL sought online examinations or vaccination for nearly 40,000 undergraduates before giving the semester exams spread across 20 days and 173 centres.

After the court refused interim reliefs, the petitioner's advocate Rahul Bhangde submitted that the students should be tested before the examination.

MUHS's counsel opposed the prayer, submitting that due to paucity of time, they wouldn't be able to carry out the exercise of informing students. As a mid-way, he suggested an upper limit for students to get the test done independently.

On Saturday, dictating the order, the bench said that generally speaking, it would be for examinees to take such tests.

"However, as a safety measure, it would be advisable for each examinee to have conducted an RT-PCR test upon himself and only in case he finds such test is negative he may sit for the examination."

The order passed by the bench stated :

"However, as a safety measure, it would be advisable for each examinee, to have conducted the RT-PCR test upon himself and only in case where such examinee finds that the test is negative, that he may attend the examination.

The MUHS is therefore 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 should produce a negative report along with his hall ticket on June 10,2021.

In case an examinee, is not having such a RT-PCR certificate, he can have report of a Rapid Antigen test and be permitted to appear in the examination on its basis,but may also be asked to get an RT-PCR test conducted upon himself/herself and produce a report in that regard on th enext date of the examination and preferably by 15/06/2021.

Needless to say if the report is found positive, the examinee would not be in a position to take the examination."

A division bench will now hear the main PIL on June 14.

Click here to read/download the order