B.Parvathi, v. The Controller Of Examinations,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.15570 of 2024 B.Parvathi ... Petitioner Vs.
1. The Controller of Examinations, The Tamil Nadu Dr.M.G.R.University, Guindy, Chennai-600 032.
2.The Dean, Kilpauk Medical College, Kilpauk, Chennai-600 010.
3.National Medical Commission, Rep.by its Secretary, Pocket-14, Sector 8, Dwaraka Phase-1, New Delhi-110 077.
... Respondents (*R3 was suo motu impleaded as per the order of this Court dated 06.06.2024 made in W.P.No.14345 of 2024*) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the first respondent to
permit the petitioner to appear for the theory paper of the final year examination of Obstetrics and Gynaecology in the supplementary examination held on 06.06.2024 and 07.06.2024. For Petitioner :
Mr.P.Sankaranarayanan For Respondents :
Mr.A.Mohammed Ghouse for R1 Ms.N.Sneha for R2 Mrs.Subha Ranjani Ananth for R3
O R D E R
This Writ Petition has been filed to direct the first respondent to permit the petitioner to appear for theory paper of the final year examination of Obstetrics and Gynaecology in the supplementary examination held on 06.06.2024 and 07.06.2024.
2. The learned counsel appearing for the petitioner submits that the petitioner was granted admission for MBBS Course for the year 2019-2024 in the counseling session and she completed all the examination from first year till final year and cleared all the papers except theory and
practical paper relating to obstetrics and gynecology and she was not allowed to write the theory paper pertaining to obstetrics and gynecology in the final year as she did not have sufficient attendance for appearing in the examination held during March 2024 due to her psychiatric treatment and in view of lack of attendance in theory and practical, she was not allowed to participate in the examination which was going to be held on 08.08.2024 and 09.08.2024 and pursuant to the directions issued by this Court on 07.08.2024, the petitioner was allowed to participate in the examination held on 08.08.2024 and 09.08.2024, which was pertaining to Non-Competency Based Medical Education and the said subject is not relating to the petitioner. Therefore, this Court may permit the petitioner to fill up the attendance in the ensuing examination and participate in the examination to be held during March 2025 for Competency Based Medical Education.
3. The learned counsel appearing for the second respondent has submitted that she has no serious objection and if the petitioner possesses
required attendance, she will be permitted to take part in the Competency Based Medical Education Examination to be held during March 2025.
4. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the first respondent, the learned counsel appearing for the second respondent and the learned counsel appearing for the third respondent.
5. In view of the submissions made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, grants liberty to the petitioner to participate in the Competency Based Medical Education Examination which is scheduled to be held during March 2025, if she possesses required attendance and the respondents are directed not to register and record the examination participated by the petitioner on 08.08.2024 and 09.08.2024, pursuant to the directions issued by this Court on 07.08.2024.
6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 13.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb
To 1.The Controller of Examinations, The Tamil Nadu Dr.M.G.R.University, Guindy, Chennai-600 032.
2.The Dean, Kilpauk Medical College, Kilpauk, Chennai-600 010.
3.National Medical Commission, Rep.by its Secretary, Pocket-14, Sector 8, Dwaraka Phase-1, New Delhi-110 077.
M.DHANDAPANI,J.
ssb 13.08.2024