The Registrar v. Dr.D.Muthu Kumaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Appeal No.1019 of 2016 and C.M.P.No.13275 of 2016 ---- The Registrar The Tamil Nadu Dr.MGR Medical University No.69, Anna Salai Guindy Chennai-32 ...Appellant Vs.
1.Dr.D.Muthu Kumaran 2.The Govt.of Tamil Nadu Rep. By Secretary to Government Health and Family Welfare Department Fort St.George Secretariat, Chennai-9 3.The Secretary Selection Committee Directorate of Medical Education Kilpauk Chennai-10 4.The Secretary Medical Council of India, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi
...Respondents
Writ Appeal filed under clause 15 of Letters patent against the interim order dated 26.07.2016 passed in W.P.No.17882 of 2013.
WP.No.17882 of 2013:Writ Petition filed under article 226 of th Constitution of India, praying for issuance of a Writ of Mandamus to directing the 2nd respondent herein to permit the petitioner to sit for the Entrance Examination for admission to Three Year Higher Specialty Courses in Tamilnadu during the academic session 2013-14 to be held on 7.7.2013 under application No. 10119 and select the petitioner for admission
to the said course on the basis of the performance in the said examination.
For Appellant : Mr.S.Gomathinayagam, Senior counsel Assisted by M/s.G.Harihara Arum Somasankar For Respondents : Mr.V.Selvaraj, Addl.Govt.Pleader for R2 and R3.
JUDGMENT
(Judgment of the Court was made by HULUVADI G. RAMESH,J.) Heard Mr.S.Gomathinayagam, learned Senior counsel Assisted by Mr.G.Harihara Arum Somasankar, learned Standing counsel appearing for the appellant/University and Mr.V.Selvaraj, learned Additional Government Pleader for respondents 2 and 3.
2. The learned Senior counsel appearing for the appellant-MGR Medical University submits that the 1st respondent/Writ Petitioner possess qualification of MRCS Degree (General Surgery from the Royal College of Surgeons, Edinburgh (U.K.) and the said degree cannot be considered as equivalent to P.G.Degree and therefore, if he had been allowed to take up the examination for M.Ch.Course, he would claim equity that he is eligible to study 3 year Higher Speciality Course. He further submits that when the 1st respondent/writ petitioner does not qualify himself for admission to the post of M.Ch.Examination, the interim order of the learned Single Judge dated 26.07.2016, permitting the Writ Petitioner/1st respondent herein, to take up exams and also the direction to the 3rd respondent to value the paper and to give result in a sealed cover and submit before this court on the next date of hearing viz., 22.08.2016 would cause hardship to the appellant/MGR Medical University.
3. On a careful reading of the order of the learned Single Judge, we find that no prejudice or favour has been shown either in favour of the MGR Medical University or the student. However, the learned Single Judge would consider the case with regard to qualification held by the petitioner as to whether it is equivalent to MD/MS Courses in India. Further, the learned Single Judge while permitting the student to sit for M.Ch.Examination, which is commencing from 01.08.2016 onwards, made it clear that the result of the examination shall be kept in a sealed cover by the University and to be placed before the Court on the next hearing date. The learned Single Judge also pointed out that the said order is passed without prejudice to
the rights of the Department of Medical Education and also subject to the result of the Writ Petition and further pointed out that the petitioner shall not claim equity by virtue of the interim order at the time of final disposal.
4. Further, since the entire issue regarding equivalence of the course of study or training shall be decided by the Standing Academic Board in the ensuing meeting to be held in future, we are of the considered view that for the valuation of the paper written by the student, the time is extended upto 15.09.2016 and the result of the said examination shall be kept in a sealed cover by the 3rd respondent/University and the same be placed before the learned Single Judge. Thereafter, the learned Single Judge, is requested to consider the entire issue before him and pass orders thereon. We are of the view that the issue could only be decided at the time of final disposal and therefore, we are not inclined to interfere with the matter at this stage.
5. The Writ Appeal is disposed of with the above observation. No costs. Consequently, connected CMP is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar nvsri To 1.The Registrar The Tamil Nadu Dr.MGR Medical University No.69, Anna Salai Guindy, Chennai-32 2.The Secretary to Government Government of Tamil nadu Health and Family Welfare Department Fort St.George Secretariat, Chennai-9 3.The Secretary Selection Committee Directorate of Medical Education Kilpauk Chennai-10
4.The Secretary Medical Council of India, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi +1 cc to Mr.G.Harihara Arun Somasankar Advocate sr 47132 +2 ccs to Government Pleader HighCourt Madras sr nos.47275 & 48045 Writ Appeal No.1019 of 2016 and C.M.P.No.13275 of 2016 aa06/09/2016