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Madras High CourtWP/29116/2024closed

Davidson Paul Manuvel v. The National Medical Commission

2024-10-21Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.31787 of 2024 Davidson Paul Manuvel S/o.Suresh Kumar ... Petitioner Vs.

1. The National Medical Commission, Represented by its Secretary, Pocket -14, Sector 8, Dwarka Phase - I, New Delhi - 110 077.

2. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.

3. The Director of Medical Education and Research, Kilpauk, Chennai - 600 010.

4. The Registrar, Sri Balaji Vidyapeeth, Puducherry (Deemed to be University), Pillayarkuppam, Puducherry - 607 402.

5. The Controller of Examinations, Sri Balaji Vidyapeeth, Puducherry (Deemed to be University), Pillayarkuppam, Puducherry - 607 402.

6. The Dean, Shri Sathya Sai Medical College and Research Institute, A Unit of Sri Balaji Vidyapeeth, Puducherry (Deemed to be University), Thiruporur to Guduvancherry Road, Ammapettai Village, Nellikuppam Post, Chengalpattu District - 603 108.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 4 and 6 to permit the petitioner to appear in the second year main examination along with his regular batch pursuant to the petitioner's representation dated 18.09.2024.

For Petitioner :

Mr.N.R.P.Pon Ayyanar For Respondents :

Mrs.Shubaranjani Ananth Standing Counsel for R1 Mr.E.Sundaram Government Advocate for R2 & R3

O R D E R

This petition has been filed seeking a direction to the respondents 4 and 6 to pass orders to permit the petitioner to appear in the second year main examination along with his regular batch pursuant to the petitioner's representation dated 18.09.2024.

2. The case of the petitioner is that the petitioner has been admitted to MBBS Course in the sixth respondent College in the academic year 2022-23. He met with an accident in February, 2023 through which there were lack of required attendance, thereby he was debarred from appearing for first year regular examination. Subsequently, he cleared all the papers in supplementary examination conducted in August 2024, but he was not permitted to attend the second year classes along with his regular batch. He made a representation dated 18.09.2024 to the sixth respondent, but no action was taken till date. Aggrieved by the same, the present writ petition has been filed.

3. Pursuant to the interim order passed by the Hon'ble First Bench of this Court in W.A.No.333 of 2024, this Court, on 24.09.2024 directed the respondents to allow the petitioner / student to attend the second year classes.

4. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the issue that arises for consideration has been dealt with by this Court in W.A.No.333 of 2024 and hence, this Court may dispose of the present writ petition.

5. The learned counsel appearing for the respondents also did not dispute the said fact.

6. In view of the same, this Writ Petition is closed and the petitioner is entitled to attend the regular classes / special classes and also is entitled to write the supplementary examinations and other special examinations along with the other similarly placed students, however, its

result thereof would be subject to the result of W.A.No.333 of 2024 etc., batch pending before the Division Bench of this Court. No costs. Consequently, connected miscellaneous petition is closed. 21.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Secretary, The National Medical Commission, Pocket -14, Sector 8, Dwarka Phase - I, New Delhi - 110 077.

2. The Principal Secretary to Government, The State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.

3. The Director of Medical Education and Research, Kilpauk, Chennai - 600 010.

4. The Registrar, Sri Balaji Vidyapeeth, Puducherry (Deemed to be University), Pillayarkuppam, Puducherry - 607 402.

5. The Controller of Examinations, Sri Balaji Vidyapeeth, Puducherry (Deemed to be University), Pillayarkuppam, Puducherry - 607 402.

6. The Dean, Shri Sathya Sai Medical College and Research Institute, A Unit of Sri Balaji Vidyapeeth, Puducherry (Deemed to be University), Thiruporur to Guduvancherry Road, Ammapettai Village, Nellikuppam Post, Chengalpattu District - 603 108.

M.DHANDAPANI,J.

vji and W.M.P.No.31787 of 2024 21.10.2024