Shweta Hari v. The Medical Council Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.NO.8028 OF 2020 Shweta Hari, D/o.S.Hari, FR3, Fourth Floor, Balasri Anbalaya Apartments, 17th Cross Krishna Nagar, Pondicherry - 605 008.
... Petitioner Vs.
1. The Medical Council of India, MCI Building Pocket-14, Sector - 8, Dwarka Phase I, New Delhi - 110 077.
2. The Controller of Examination, Pondicherry University, Kalapet, Puducherry - 605 104.
3. Pondicherry Institute of Medical Sciences Kalathumettupathai, Ganapathichettikulam, Village No.20, Kalapet, Puducherry - 605 104.
... Respondents PRAYER:
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus praying to direct the 2nd respondent to grant seven (7) marks as grace marks towards the petitioner's practical examination of General Medicine in the III Professional Part II MBBS Nov-Dec 2019 examinations as per Medical Council of India Regulations Chapter IV 13(10)& Pondicherry University Examination Regulations 2009-2010 as claimed in the petitioner's representation dated 02.03.2020 received by the 2nd respondent on 03.03.2020. For Petitioner : Mr.K.Mohanamurali For R1 : Mr.V.P.Raman For R2 : Mrs.A.V.Bharathi
ORDER
This matter is taken up for hearing through VideoConferencing.
2. Mr.V.P.Raman, Learned Counsel, takes notice for the 1st respondent, Ms.A.V.Bharathi, Learned Counsel, takes notice for the 2nd respondent. Notice to the 3rd respondent is dispensed with in the light of the limited prayer sought for by the petitioner.
3. Though the petitioner has asked for a mandamus directing the respondents to grant a grace marks in the practical examination, Mr.K.Mohanamurali, Learned Counsel for the petitioner would restrict his prayer, for a direction to dispose of the representation of the petitioner dated 02.03.2020 made to the 2nd respondent.
4. Ms.A.V.Bharathi, Learned Counsel appearing for the 2nd respondent would submit that the 2nd respondent would dispose of the representation in the light of the relevant rules within a period of six weeks, from today.
5. In light of the submissions made by the Learned Counsel on either side, the Writ Petition is disposed of directing the 2nd respondent/University to dispose of the representation of the petitioner dated 02.03.2020, in the light of the relevant statutory provisions and rules, within a period of six weeks, from today. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bsm To
1. The Medical Council of India, MCI Building Pocket-14, Sector - 8, Dwarka Phase I, New Delhi - 110 077.
2. The Controller of Examination, Pondicherry University, Kalapet, Puducherry - 605 104.
3.
Pondicherry Institute of Medical Sciences, Kalathumettupathai, Ganapathichettikulam Village, No.20, Kalapet, Puducherry-605014.
W.P.No.8028 of 2020 RJI(CO) CS/21/07/2020