Dr.Terance S.J (Reg No. 112775) v. The Director Of Health And Family Welfare Services
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.33482 of 2022 and W.M.P.No.32928 of 2022 Terance S.J ... Petitioner Vs.
1.The Director of Health and Family Welfare Services WRMM+46P, Main Block of the Old Maternity Hospital Complex, Victor Simonel Street, Puducherry.
2.Pondicherry University, Rep. by its Registrar, R.V.Nagar, kalapet, Puducherry - 605 014.
3.The Controller of Examinations, Pondicherry University, R.V.Nagar, Kalapet, Puducherry - 605 014.
4.The Dean, Sri Manakula Vinayagar Medical College & Hospital, Kalitheerthalkuppam, Puducherry - 605 107.
5.National Medical Commission, Rep. by its Secretary, Page No.1 of 7
Pocket-14, Sector-8, Dwaraka Phase-1, New Delhi - 110 077. ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 2 to 4 to permit the petitioner to take the ensuing supplementary examinations that commences on 12.12.2022 or any other date for master of Surgery (Orthopaedic course) in relation to the Theoreticals (4 papers) and practical (2 papers) and to publish the results thereof. For Petitioner : M/s.H.Mary Sowmi Rexi for Isaac Chambers For Respondent 1 : Mr.Vasantha Kumar, Additional Government Pleader For Respondents 2 & 3 :
Mr.A.V.Bharathi For Respondent 5 : M/s.Shubharanjani Ananth
O R D E R
This writ petition has been filed by the petitioners to direct the respondents 2 to 4 to permit the petitioner to take the ensuing supplementary examinations that commences on 12.12.2022 or any other date for master of Surgery (Orthopaedic course) in relation to the Theoreticals (4 papers) and practical (2 papers) and to publish the results thereof. Page No.2 of 7
2. The case of the petitioner is that the petitioner joined Post Graduate Surgery in Orthopaedic Course with the fourth respondent Institution in the year 2016. Since he did not have requisite attendance during the academic year 2018-19 i.e., the third and final year of the course, he was required to redo the course, which he did during the academic year 2021. Upon completion, he was allowed to take up the examination, which was held on April-May 2022. However, he failed to clear the examination. Hence, he applied for writing the supplementary examination, which was held on 12.12.2022. The petitioner was not issued the hall-ticket.
His enquiry with the Pondicherry University revealed that the University relying upon the UGC guidelines, informed him that he must have completed the course within three years after the actual duration of the Course i.e., within academic year 2021-22. Thereafter, this Court vide its order dated 09.12.2022, issued an interim direction to respondents to permit the petitioner to appear for the supplementary examination and withheld the result. While so, this Court by its order dated 24.09.2024, directed the respondents to produce the results obtained by the petitioner, in a sealed cover before this Court on the next hearing of hearing i.e., on 03.10.2024.
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3. Today, When the matter was taken up for hearing, learned counsel appearing for the respondents filed a sealed cover before this Court and on perusal of the same, it came to the knowledge of the Court that the petitioner had failed in the aforesaid examination.
4. In view of the above, no further order is necessary in this writ petition. Accordingly, this writ petition stands closed. However, liberty is granted to the petitioner to work out the remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. 03.10.2024 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No Page No.4 of 7
To:
1.The Director of Health and Family Welfare Services WRMM+46P, Main Block of the Old Maternity Hospital Complex, Victor Simonel Street, Puducherry.
2.Pondicherry University, Rep. by its Registrar, R.V.Nagar, kalapet, Puducherry - 605 014.
3.The Controller of Examinations, Pondicherry University, R.V.Nagar, Kalapet, Puducherry - 605 014.
4.The Dean, Sri Manakula Vinayagar Medical College & Hospital, Page No.5 of 7
Kalitheerthalkuppam, Puducherry - 605 107.
5.National Medical Commission, Rep. by its Secretary, Pocket-14, Sector-8, Dwaraka Phase-1, New Delhi - 110 077.
M.DHANDAPANI,J.
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