Ms.Sultana Y. v. Pondicherry Institute Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.9078 of 2015 and M.P.No.1 of 2015 Ms.Sultana Y.
... Petitioner Vs 1 Pondicherry Institute of Medical Sciences rep by its Director- Principal Ganapathichettikulam Kalapet Puducherry - 605 014.
2 The Controller of Examinations Pondicherry University Kalapet Puducherry 605 014.
3 The Medical Council of India Rep by its Chairman MCI Building Pocket-14 Sector - 8 Dwarka Phase-1 New Delhi - 110 077 India.
... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the Second Respondent to grant 1(one) mark as grace marks towards the petitioners practical Examination to Paediatrics in the III Professional Part II M.B.B.S November 2014 Examinations as per Chapter-IV of the Medical Council of India regulations on graduate medical Education 1997 For Petitioner : Mr.Bharath Palle For Respondents : Mr.V.P.Raman for R3 Mr.V.Balamurugan,G.A.for R2
ORDER
Heard Mr.Bharath Palle, the learned counsel for the petitioner and Mr.V.Balamurugan, learned Government Advocate appearing for R2 and with the consent of either side, the writ petition itself is taken up for final disposal at the admission stage.
2. The petitioner has filed this writ petition for a writ of mandamus to direct the Second Respondent to grant 1(one) mark as grace mark towards the petitioner's practical Examination to Paediatrics in the III Professional Part II M.B.B.S November 2014 Examinations as per Chapter-IV of the Medical Council of India regulations on graduate medical Education 1997. The petitioner would rely on a decision of this Court in W.P.No.3272 of 2015 etc. batch, dated 16.2.2015.
3.Mr.V.Balamurugan, learned Government Advocate, accepting notice for the second respondent University, on instructions, submitted that the decision in the said writ petitions has absolutely no application to the case of the petitioner and it is clearly distinguishable.
4. In the light of the stand taken by the learned Government Pleader, the second respondent is directed to pass an appropriate order on the representation given by the first respondent institute, dated 5.1.2015, on merits and in accordance with law on or before 8.4.2015. The first respondent institute is directed to forward one more copy of the representation to the second respondent on or before 6.4.2015.
5. The writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed.
msk -s/d- Assistant Registrar(CS-II) Dt:31/3/2015 True Copy Sub-Assistant Registrar To 1 The Director-Principal, Pondicherry Institute of Medical Sciences, Ganapathichettikulam Kalapet Puducherry - 605 014.
2 The Controller of Examinations Pondicherry University Kalapet Puducherry 605 014.
3 The Chairman The Medical Council of India MCI Building Pocket-14 Sector - 8 Dwarka Phase-1 New Delhi - 110 077 India.
+ 1 cc to M/s.Bharati Palle, Advocate SR 18047 + 1 cc to Mr.V.Balamurugane, Advocate SR 18050 br(co) prk31/3 W.P.No.9078 of 2015