Dr. V. Maithreyee, v. The Medical Council Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.30307 of 2015 and M.P.No.1 of 2015 and W.M.P.No.1931 of 2018 Dr.V.Maithreyee ... Petitioner Vs.

1. The Medical Council of India, Rep. by its Chairman, No.8, Dwaraka Phast-I, New Delhi-110 077.

2. The Registrar,

3. The Controller of Examinations,

4. Head of Department, Department of Opthomology,

5. Dr.Thangarani Rajasekhar, Professor of Opthamology, Stanley Medical College, Chennai.

6. Dr.Pandurangan, Professor of Opthomolgoy & H.O.D., Chettinad Hospitals, Kelambakkam.

7. Dr.Srinivasan, Professor of Opthomology, Mahatma Gandhi Medical College, Pondicherry.

(Respondents 5 to 7 are impleaded as per order dated 17.04.2017 in W.M.P.No.9831 of 2016 in W.P.No.30307 of 2015) .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent culminating in the order dated 02.09.2015 made in Ref.No.MGM/SBV/RTI/2015/1078 and quash the same and consequently direct the second and third respondents herein to produce the original answer sheets of all the undermentioned theory papers as per the scheme of PG Regulations of the first respondent herein by causing re-totalling of the theory papers: (i) Anterior Segment Clinical Opthalmology including infraction (ii) Posterior Segment Clinical Opthalmology including Neuro Opthalmology (iii) Recent advances including Community Opthalmology, and declare the petitioner passed in view of the Regulations of Medical Council of India.

For petitioner : Mr.R.Gopinath For respondents : Mr.V.P.Raman for R-1 Mr.L.Swaminathan for RR-2 to 7

ORDER

The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent culminating in the order dated 02.09.2015 made in Ref.No.MGM/SBV/RTI/2015/1078 and quash the same and consequently direct the second and third respondents herein to produce the original answer sheets of all the undermentioned theory papers as per the scheme of PG Regulations of the first respondent herein by causing re-totalling of the theory papers: (i) Anterior Segment Clinical Opthalmology including infraction (ii) Posterior Segment Clinical Opthalmology including Neuro Opthalmology (iii) Recent advances including Community Opthalmology, and declare the petitioner passed in view of the Regulations of Medical Council of India.

2. It is stated by the learned counsel for the petitioner that the answer sheets have been given to the petitioners and the learned counsel for the respondents submitted that the answer sheets have also been sent to JIPMER Hospital, Pondicherry, and that it has been confirmed that the petitioner has failed in the subject by securing six marks less than what is required for pass. That being the case and in view of the subsequent development and that the petitioner/candidate has failed, no further adjudication is required to be made in this Writ Petition.

3. Hence, the Writ Petition is disposed of. No costs. Consequently, the Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar cs To

1. The Medical Council of India, Rep. by its Chairman, No.8, Dwaraka Phast-I, New Delhi-110 077.

2. The Registrar,

3. The Controller of Examinations,

4. Head of Department, Department of Opthomology, W.P.No.30307 of 2015 PA(CO) TR(01/08/2018)