Harini v. Dr.K.Tharanikarasu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 11/04/2018 Delivered on 14/09/2018

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM Contempt Petition No.1772 of 2017 Harini .. Petitioner Vs.

Dr.K.Tharanikkarasu, Controller of Examinations, Pondicherry University, R.V.Nagar, Chinnakalapet, Puducherry - 14, Puducherry State.

.. Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for Contempt of Court order for disobedience of the order dated 11.05.2017 made in W.P.No.2885 of 2017, on the file of this Court.

For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.Stalin Abimanyu Standing Counsel

O R D E R

Heard Mr.R.Sankarasubbu, learned counsel for the petitioner; Mr.Stalin Abimanyu, learned Standing Counsel for the respondent and perused the materials available on record.

2. This Contempt Petition has been filed alleging willful disobedience of the order passed in W.P.No.2885 of 2017, dated 11.05.2017.

3. The Writ Petition was filed seeking 7 grace marks to the subject General Medicine practical based on the direction issued in W.A.Nos.325 to 333 of 2017, dated 11.04.2017.

4. The counter affidavit filed on behalf of the first respondent reveals that the University as per Regulation 13(10) of the Regulations on Graduate Medical Regulations, 1997, could award maximum of 5 grace marks, provided the student of M.B.B.S. Course, who has failed only in one subject, but passed in all other subjects.

5. The Division Bench in the above Writ Appeals issued direction to consider the case of the appellants in those cases, by observing that the Circular dated 29.06.2016 cannot be implemented with retrospective effect. In the Review Applications in Rev.Appl.Nos.67 to 75 of 2018, the Division Bench of this Court, had issued the following clarification:- "6. As the University has come up with the above applications for want of clarification with regard to the awarding of maximum grace marks, we make it clear that the University shall award

grace marks to the students only for theory and not for practicals. We also make it clear that such awarding of grace marks shall be to the maximum of five marks and not 5% of the marks obtained. If the University had already awarded excess marks, the same shall not be revised"

6. Indisputably, in the case on hand, the petitioner seeks 7 grace marks that too for praticals. In the light of the order passed in the Review Petitions, the writ petitioner has no case. I find no willful violation said to have been committed by the respondent. In that view, the Contempt Petition fails and the same is dismissed. There is no order as to costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) rns //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/05/10/2018 To The Controller of Examinations, Pondicherry University, R.V.Nagar, Chinnakalapet, Puducherry - 14, Puducherry State.

One cc to Mr.R.Sankarasubbu, Sr.NO.13393