Adhi S.Sanjuthaa v. The Vice Chancellor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.7403 of 2020 & WMP.No.8864 of 2020 Adhi S.Sanjuthaa Petitioner vs.

1. The Vice Chancellor,

2. The Registrar,

3. The Controller of Examinations, Examination Wing,

4. The Medical Council of India, Rep. by its Secretary, Pocket 14, Sector-8, Dwaraka, New Delhi - 110 077.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pass orders for re-conducting Practical Examination in the subject General surgery in respect of Final Year MBBS University Examination conducted in November 2019 on payment of necessary fees and charges on par with other degree courses conducted by Respondent University, by considering the representation submitted by the petitioner dated 29.02.2020 and to declare the results for the same, within a time frame to be fixed by this Court.

For Petitioner : Mr.G.Sankaran For Respondents: Mrs.A.V.Bharathi for R1 to R3

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to re-conduct the practical examination in the subject General surgery in the final year MBBS course by considering the representation made by the petitioner.

2. The case of the petitioner is that she was doing her MBBS course in the Pondicherry Institute of Medical Sciences which is affiliated to the Pondicherry University. The petitioner joined the course in the year 2015-16. When the petitioner was doing her final year MBBS, she took the theory papers and also practical examinations and she failed in the practical examination concerning General surgery. The petitioner had made a representation to the 1st respondent on 29.02.2020 to re-conduct the practical examination in the subject of General surgery and the petitioner had also undertaken to pay the necessary fees.

3.Heard Mr.G.Sankaran, learned counsel appearing on behalf of the petitioner and Mrs.A.V.Bharathi, learned counsel appearing on behalf of the respondents 1 to 3.

4. Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, this writ petition is disposed of with a direction to the petitioner to submit a fresh representation to the Registrar, Pondicherry University, the 2nd respondent herein, and the 2nd respondent, on receipt of the representation given by the petitioner, shall take an appropriate decision strictly in accordance with law, within a period of six weeks thereafter. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar ssr To

1. The Vice Chancellor,

2. The Registrar,

3. The Controller of Examinations, Examination Wing,

4. The Secretary, The Medical Council of India, Pocket 14, Sector-8, Dwaraka, New Delhi - 110 077.

W.P No.7403 of 2020 VG II(CO) GN(26/06/2020)