Jasline M v. The Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.04.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.3723 of 2023 M.Jasline ... Petitioner Vs
1. The Registrar, Tamil Nadu Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai 32.
2. The Controller of Examinations (Nursing), Tamil Nadu Dr.Mgr Medical University, No.69, Anna Salai, Guindy, Chennai 32.
3. The Professor Cum Principal/Research Coordinator, The C.S.I. Jeyaraj Annapackiam College of Nursing, Pasumalai, Madurai 04.
4. The Research Guide, CSI Jeyaraj Anna Packiam College of Nursing, Pasumalai, Madurai 04.
... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to issue the Provisional Degree Certificate and original Ph.D., 1/5
Certificate to the petitioner for completion of her Ph.D., Programme within a reasonable time as fixed by this Court.
For Petitioner :Mr.K.Samidurai For R1, R2 :Mr.S.Ramesh Government Advocate For R3, R4 :Mr.M.Suresh
ORDER
The writ petition had been filed in the nature of a mandamus, seeking a direction against the first and second respondents/Registrar and Controller of Examinations (Nursing) of Tamil Nadu Dr.MGR Medical University, Chennai 32, to issue the Provisional Degree Certificate and original Ph.D., Certificate to the petitioner for completion of her Ph.D., Programme.
2.The petitioner was a student of the third and fourth respondent College of Nursing namely, C.S.I. Jeyaraj Annapackiam College of Nursing, Pasumalai, Madurai. She had completed her Ph.D., synopsis and had forwarded the same. The viva-voce was also completed. All the documents had been furnished. Necessary marks have also been awarded by the 2/5
examiners. The college had also forwarded the report to the first and second respondents. Now, a duty is cast upon the first and second respondents to examine the records and issue Ph.D., decree to the petitioner. 3.This is very important, viewed from the eyes of the petitioner. She had put hard labour to get Ph.D. The certificate must be issued within a reasonable period of time, to get a job at some place. 4.However, it is informed that the first and second respondents do not have the Governing Council. The Governing Council is formed when there is a Vice Chancellor. This situation is beyond the control of the first and second respondents.
5.I would therefore place an obligation on the first and second respondents that immediately after the Governing Council is formed, not only to the petitioner, but also to all the other Ph.D., students in all their affiliated colleges wherever students have studied Ph.D., examine the records and proceed to issue Ph.D., Certificates, so that students may not lose out any opportunity owing to not having Ph.D., certificate. If the appointment of 3/5
Governing Council would take time, the first and second respondents may proceed to issue the Provisional Degree Certificate, if it is possible and within the rules.
4.With the above directions, this writ petition stands disposed. No costs.
24.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM To
1. The Registrar, Tamil Nadu Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai 32.
2. The Controller of Examinations (Nursing), Tamil Nadu Dr.Mgr Medical University, No.69, Anna Salai, Guindy, Chennai 32.
4/5
C.V.KARTHIKEYAN, J.
PNM ORDER IN W.P(MD).No.3723 of 2023 24.04.2023 5/5