Ms.Sultana Y., v. Pondicherry Institute Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 21.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.11642 of 2015 and M.P.Nos.1 & 2 of 2015 Ms.Sultana Y.

.. Petitioner

Versus

1 Pondicherry Institute of Medical Sciences Rep by its Director - Principal Ganapathichettikulam Kalapet Puducherry 605 014 2 Controller of Examinations Pondicherry University Kalapet Puducherry 605 014 3 The Medical Council of India MCI Building Pocket 14 Sector 8 Dwarka Phase 1 New Delhi 110 077 India.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of Certiorarified mandamus, to call for the order passed by the 2nd respondent in proceedings No. PU / CE / E5 / MBBS / 2015 dated 6.4.2015 and quash the same and consequently direct the 2nd respondent to award 1 (one) mark as grace marks towards the petitioners Practical Examination of Paediatrics in the III Professional Part II M.B.B.S November 2014 Examinations as per Chapter IV of the Medical Council of India Regulations on Graduate medical Education 1997. For Petitioner : Mr.A.Govindasamy For Respondents : Mr.V.Balamurugane (for R1 & R2) Additional Government Pleader (Pondy) Mr.V.P.Raman (for R3)

O R D E R

By consent, the main writ petition is taken up for final disposal.

2. The petitioner on an earlier occasion filed W.P.No.9078 of 2015, praying for issuance of a writ of mandamus, directing the 2nd respondent to grant one mark as grace marks towards the petitioner's practical examination to Paediatrics in the III Professional Part II MBBS November 2014 Examination as per Chapter-

IV of the Medical Council of India Regulations on Graduate Medical Education 1997 and this Court has disposed of the writ petition vide order dated 31.03.2015, directing the 2nd respondent to pass appropriate orders on the representation dated 05.01.2015, submitted by the petitioner on merits and in accordance with law, on or before 08.04.2015. The petitioner was also granted liberty to submit one more representation to the 2nd respondent on or before 06.04.2015. The petitioner's representation dated 05.01.2015 was disposed of on 06.04.2015 by the 2nd respondent stating that as per the old MBBS Regulations of the University, the petitioner was not eligible for award of one mark as grace marks in pediatrics subject and challenging the legality of the same, the present writ petition is filed.

3. The learned counsel appearing for the petitioner has drawn the attention of this Court to the extract of Medical Council of India Regulations on Graduate Medical Education, 1997 and would submit that as per sub clause 10 to clause 13, of the said Regulations, the grace marks up to a maximum of five marks may be awarded at the discretion of the University to a student who has failed only in one subject but has passed in all other subjects and prays for appropriate orders.

4. This Court heard the submissions of Mr.V.Balamurugane, learned Additional Government Pleader (Pondy), who accepts notice for respondents 1 and 2 and Mr.V.P.Raman, learned standing counsel, who accepts notice for the 3rd respondent. The learned counsel appearing for the respondents 1 and 2, would submit that the petitioner has failed in internal assessment and therefore, she is not entitled to any grace marks in terms of the old regulations also.

5. In response to the said submission, the learned counsel for the petitioner would submit that since the impugned order does not disclose any reasons, the 2nd respondent may be directed to pass fresh orders.

6. In the result, the writ petition is partly allowed and the impugned order dated 06.04.2015, is set aside and the 2nd respondent is directed to provide an opportunity of personal hearing to the petitioner and thereafter shall pass a reasoned order in accordance with Rules/Regulations, within a period of one week from the date of receipt of a copy of this order. No Costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars

To 1 The Director Pondicherry Institute of Medical Sciences Principal Ganapathichettikulam Kalapet Puducherry 605 014 2 Controller of Examinations Pondicherry University Kalapet Puducherry 605 014 3 The Medical Council of India MCI Building Pocket 14 Sector 8 Dwarka Phase 1 New Delhi 110 077 India.

+ 1 cc to Mr.A.Govindasamy, Advocate SR.21735 W.P.No.11642 of 2015 KSJ(CO) Eu 05.05.15