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Madras High CourtWMP/17230/2023modified

G.R.Harsha v. The Tamil Nadu Dr.Mgr Medical University,

2023-06-19Honourable Mr Justice M.Dhandapani4 pages

W.M.P.No.17230 of 2023 in W.P.No.16571 of 2023 M.DHANDAPANI., J.

This petition has been filed seeking to modify the operative portion at paragraph 7 of the common final order dated 06.06.2023 passed in W.P.Nos.16571 and 14616 of 2023.

2. When the matter is taken up for hearing, the learned counsel appearing for the petitioner in W.P.No.16571 of 2023 submitted that though the petitioner in W.P.Nos.16571 of 2023 had sought for a direction to participate in the II year supplementary examinations scheduled to commence on 03.07.2023 and the petitioner in W.P.No.14616 of 2023 to participate in the III year supplementary examinations scheduled to commence on 07.06.2023, however this Court had directed the petitioners to participate in the supplementary examinations without specifying the year and date of the supplementary examinations. Accordingly, he prayed for passing appropriate orders.

3. In view of the aforesaid submission made by the learned counsel appearing for the petitioners paragraph 7 of the order dated 06.06.2023 shall stand replaced with the following :- "7. In view of the issue having been settled already and the present case falls squarely within the four corners of the 1/4

said decision, this Court is inclined to extend the same benefit to these petitioners also with the following directions: (i) The petitioner in W.P.No.16571 of 2023 is directed to participate in the II year supplementary examinations scheduled to commence on 03.07.2023 and the petitioner in W.P.No.14616 of 2023 is directed to participate in the III year supplementary examinations scheduled to commence on 07.06.2023. However, the appearance of the petitioners in the examinations on 03.07.2023 and 07.06.2023 in the respective writ petitions will not give any enforceable right to them and is subject to the result of the Writ Petitions in W.P.Nos.28148 and 31524 of 2022 filed by the petitioners.

(ii) It is made clear that the petitioners cannot claim any equity for participation in the subsequent examinations and this order is confined only to the examination which is to commence on 07.06.2023 and 03.07.2023.

(iii) Sri Muthukumaran Medical College Hospital and Research Institute / third respondent in W.P.No.16571 of 2023 and second respondent in W.P.No.14616 of 2023 is directed to collect the examination fee from the petitioners and remit the same to the first respondent University.

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(iv) The first respondent is directed to issue Hall Ticket to the petitioners enabling them to participate in the examination scheduled to commence on 07.06.2023 and 03.07.2023 respectively."

4. This Miscellaneous petition is ordered in the above terms. 19.06.2023 (rap) 3/4

M.DHANDAPANI., J.

(rap) W.M.P.No.17230 of 2023 in W.P.No.16571 of 2023 19.06.2023 4/4