S.Subbulakshmi v. Indira Gandhi Medical College
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.Nos.7361, 7364 & 7365 of 2015 S.Subbulakshmi ... Petitioner in WP.No.7361/2015 R.Subhashini ... Petitioner in WP.No.7364/2015 Aarthi Nivedida ... Petitioner in WP.No.7365/2015
Versus
1. Indira Gandhi Medical College and Research Institute, Kadirgamam, Puducherry.
2. The Controller of Examinations Pondicherry University Kalapet, Pondicherry 605 014.
3. The Secretary, The Medical Council of India MCI Building Pocket-14, Sector-8, Dwarka Phase-1, New Delhi 110 077.
... Respondents in all the writ petitions Writ petitions filed under Article 226 of the Constitution of India praying for a writ of MANDAMUS directing the 2nd respondent to award "2","1","2" marks to the petitioners as grace marks, in their Practical Test of General Surgery in the III Professional Part II MBBS November 2014 examinations per the Medical Council Regulation. For Petitioners in : V.Lakshmi Narayanan for all the writ petitions Mr. V.Raghavachari
For RR 1 & 2 in : Mr.V.Balamurugan all the writ petitions For R3 in all the writ petitions : Mr.V.P.Raman COMMON ORDER Heard Mr. V.Raghavachari, learned counsel for the petitioner ; Mr.V.Balamurugan, learned counsel accepting notice on behalf of the respondents 1 and 2 and Mr.V.P.Raman, learned counsel accepting notice for the 3rd respondent and with their consent, the writ petition is disposed of at the admission stage itself. Since the issue involved in all the writ petitions is one and the same, the above writ petitions are disposed of by the following common order. 2.The petitioners seek for issuance of a writ of mandamus to direct the 2nd respondent to award "2" marks to the petitioners as grace marks in their Practical Test of General Surgery in the III Professional Part II MBBS November 2014 examinations per the Medical Council Regulation.
3.It is not in dispute that the issue involved in these writ petitions is squarely covered by the earlier decision of this Court made in WP.Nos.3272 to 3277/2014 dated 16.02.2015. The prayers in the said writ petitions were also identical to that of the prayers in the present writ petitions excepting for the subject in which the grace marks is to be awarded to them. The operative portion of the order dated 16.02.2015 reads thus:- "14.In the instant cases, admittedly, there is no challenge to the regulation of the respondent which provides grant of grace marks in practicals being 5%. In such circumstances, the decision relied on by the learned counsel for the 2nd respondent University is of little avail to support the stand taken by the University.
15.In the light of the above, the petitioners are entitled to succeed and accordingly, the writ petitions are allowed and there will be a direction to the 2nd respondent University to award the grace mark to each of the petitioners and consequently, declare the results of the petitioners within a period of ten days from the date of receipt of a copy
of this order. No costs. Consequently, all the connected M.Ps., if any, in all the writ petitions are closed."
4.Following the earlier order passed by this Court, the writ petitions are allowed and there will be a direction to the 2nd respondent/University to award the grace marks to each of the petitioners as sought for by them and consequently, declare their results within a period of ten days from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To
1. Indira Gandhi Medical College and Research Institute, Kadirgamam, Puducherry.
2. The Controller of Examinations Pondicherry University Kalapet, Pondicherry 605 014.
3. The Secretary, The Medical Council of India MCI Building Pocket-14, Sector-8, Dwarka Phase-1, New Delhi 110 077.
+3cc's to Mr.V.Raghavachari, Advocate, S.R.No.14830 & 14833 WP.Nos.7361, 7364 & 7365 of 2015 KK(CO) CA(19/03/2015)