Dr. S.R. Keerthanaa v. The Dean
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.No.8230 of 2020 & W.M.P.No.9827 of 2020 Dr.S.R.Keerthanaa, D/o.M.Swaminathan, No.57, Second Cross Street, First Avenue, Veetuvankeni, Chennai - 600 115.
... Petitioner Vs.
1. The Dean, Sri Venkateshwaraa Medical College Hospital and Research Centre No.13-A, Pondicherry-Villupuram Main Road, Ariyur, Puducherry - 605 102.
2. The Chairman, Sri Venkateshwaraa Medical College Hospital and Research Centre No.13-A, Pondicherry-Villupuram Main Road, Ariyur, Puducherry - 605 102.
3. The Registrar, The Pondicherry University, R.V.Nagar, Kalapet, Puducherry - 605 014.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus praying to direct the Respondents herein to permit the petitioner to undertake the examination to be conducted by the 3rd respondent University for the final year Post Graduate Medical Examination M.S.(Obstetrics and Gynaecology) to be conducted for the academic year 2019-2020 by the 1st and 2nd respondents herein which is affiliated to the 3rd respondent herein and publish the results for the same.
For Petitioner : Mr.T.T.Ravichandran For R1 & R2 : Mr.Abishek Jinasenan For R3 : Mrs.A.V.Bharathi
O R D E R
This matter is taken up for hearing through VideoConferencing.
2. The petitioner seeks for issuance of a Writ of Mandamus directing the respondents to permit her to undertake the examination to be conducted by the third respondent University for final year M.S.(Obstetrics and Gynaecology) for the academic year 2019-2020.
3. Mr.Abishek Jinasenan, learned Standing counsel appearing for the College, viz., the respondents 1 and 2 would submit that the petitioner does not have the required attendance of 80% and she has got only 71%.
4. Mrs.A.V.Bharathi, learned Standing Counsel for the third respondent. on instructions, would submit that the University has got the power to condone the deficit attendance to an extent of 10% on a proposal being made by the College. 5.In the light of the above submissions made by the learned counsels, this Writ Petition is disposed of with the following directions:
i) the first respondent shall send the proposal for condonation of the deficit attendance along with requisite reasons and fees to the University by 23.06.2020. Upon receipt of the same, the third respondent shall take steps to condone the deficit attendance, which is within the permissible limit even according to the third respondent, and permit the petitioner to write the examination for the academic year 2019-20.
ii) without waiting for the condonation of the attendance, the College shall allow the petitioner to pay the examination fee. Since it is stated that the last date for payment of examination fee was yesterday, i.e., 16.06.2020., I extend the time for payment of the examination fee till 24.06.2020. The petitioner shall also pay the fee for condonation of deficit attendance.
iii) the College shall allow the petitioner to pay the examination fee by providing necessary access to her for online payment. iv) the parties are directed to act upon, on production of Web copy.
No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
pvs To
1. The Dean, Sri Venkateshwaraa Medical College Hospital and Research Centre No.13-A, Pondicherry-Villupuram Main Road, Ariyur, Puducherry - 605 102.
2. The Chairman, Sri Venkateshwaraa Medical College Hospital and Research Centre No.13-A, Pondicherry-Villupuram Main Road, Ariyur, Puducherry - 605 102.
3.The Registrar, The Pondicherry University, R.V.Nagar, Kalapet, Puducherry - 605 014.
W.P.No.8230 of 2020 & W.M.P.No.9827 of 2020 CA(CO) EU 6.7.2020