The Tamilnadu Dr.M.G.R. Medical University v. Priyanka Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2019
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Writ Appeal No.356 of 2019 1.The Tamil Nadu Dr.M.G.R.Medical University Rep.by its Registrar, No.69, Mount Road Anna Salai, Guindy, Chennai - 600 032.
2.The Controller of Examinations The Tamil Nadu Dr.M.G.R.Medical University No.69, Mount Road, Anna Salai Guindy, Chennai - 600 032.
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Appellants -Vs1.Ms.Priyanka Venkatesh 2.The Dean Government Villupuram Medical College Villupuram ... Respondents For Appellant : Mr.D.Ravichandar For Respondent : Mr.AR.L.Sundaresan, Senior Counsel for Ms.AR.L.Gandhimathi - for R1 Mr.V.Kadhirvelu, Special Govt.Pleader - for R2 Prayer : Writ Appeal under Clause 15 of the Letters Patent against the interim order passed in W.P.No.34154 of 2018 dated 29.01.2018 Prayer in W.P.No.34154 of 2018:
Writ Petition filed under Article 226 of the Constitution of India Praying that in the Circumstances stated therein, and in the affidavits filed therewith the High Court will be pleased to issue a Writ of Mandamus Directing the respondents herein to consider the representationdated 05.12.2018 and revalue the petitioners answer papers in Anatomy 1 and 2 and Biochemistry paper 1 and 2 and award appropriate marks as submitted therein and declare the petitioner as pass in Anatomy and Biochemistry in the 1st year MBBS Course in the Examination in the Examination conducted in November 2018.
J U D G M E N T
(Judgment of the Court was delivered by DR.VINEET KOTHARI, J.) The present intra court appeal is filed by the appellant viz., The Tamil Nadu Dr.M.G.R.Medical University against the interlocutory order made in W.P.No.34154 of 2018, filed by the first respondent student Priyanka Venkatesh, questioning the award of marks in her first year M.B.B.S. Examinations. The learned Single Judge, by the impugned interim order, had only directed the third respondent viz., The Dean, Government Medical College, Villupuram to get the answer sheets evaluated by an expert faculty member once again.
2. It is stated by the learned counsel for both sides that such evaluation by the expert has already been obtained and that the opinion of expert faculty member in a sealed cover has been produced before the learned Single Judge. However, in view of the pendency of the present writ appeal, the learned Single Judge has not proceeded further.
3. Therefore, we dispose of the present writ appeal, with a request to the learned Single Judge to look into the opinion of the expert faculty member and then proceed to pass appropriate orders on merits in accordance with law. The contentions raised before us by both the learned counsel for both sides are left open.
4. With the above observations, the writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar KST To The Dean Government Villupuram Medical College Villupuram 2.The Registrar, Tamil Nadu Dr.M.G.R.Medical University No.69, Mount Road Anna Salai, Guindy, Chennai - 600 032.
3.The Controller of Examinations The Tamil Nadu Dr.M.G.R.Medical University No.69, Mount Road, Anna Salai Guindy, Chennai - 600 032.
+1cc to Mr.D.Ravichandar , Advocate SR.No. 50453 +1cc to Mr.Ms.AR.L.Gandhimathi , Advocate SR.No. 50380 W.A.Nos. 356 of 2019 A.SK(30/07/2019)