The Dean (Academic) v. Avisha Bazroy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE K. KUMARESH BABU W.A.No.531 of 2022 and CMP No.3886 of 2022

1. The Dean (Academic), Jawaharlal Institute of Postgraduate Medical Education & Research (JIPMER), Pondicherry 605 006.

2. The Director, JIPMER, Pondicherry 605 006.

3. The Professor (Examinations), Examination Wing, Jawaharlal Institute of Postgraduate Medical Education & Research (JIPMER), Pondicherry 605 006.

... Appellants Vs.

Ms.Avisha Bazroy.

... Respondent PRAYER : Writ Appeal filed under Clause 15 of Letters Patent Act to call for the records relating to allow this writ appeal by setting aside the order dated 11.01.2022 in W.P.No.22113 of 2021.

For Appellants : Ms. Sunita Kumari For Respondent : M.S.V.Pavithra for Mrs. V.Srimathi

JUDGMENT

(Order of the Court was delivered by D.KRISHNAKUMAR, J.) Today, when the matter is listed for hearing, the learned counsel appearing for the respondent submitted that, during the pendency of the writ petition itself, the respondent was permitted to write the examination and subsequently, as per the direction of the learned single judge in the final order, result was also published. In such circumstances, the prayer sought for in the writ appeal has become infructuous and nothing survives for further adjudication.

2. The learned counsel for the appellant admitted that the result of the respondent was published by the Institute, as per the oder of the Writ Court. However, she submitted that, the regulations for examinations, relied upon by the learned counsel for the writ petitioner, before the learned Single

Judge would apply only to the year 2017 and not to the year 2020. She further submitted that, for the year 2020, the JIPMER had issued the Regulations for the professional examination for MBBS course, however, inview of the wrong mentioning of the Examination Regulations, the learned Single Judge has passed the impugned order and hence this writ appeal has been filed.

3. To that extent, it is left to the appellant/Department to decide the above issue by filing appropriate case.

4. With the above liberty, this writ appeal is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. (D.K.K.J.) (K.B.J.) 06.06.2024 Internet: Yes/No Index : Yes/No mst

D.KRISHNAKUMAR, J.

and K. KUMARESH BABU , J.

mst 06.06.2024