Madras High CourtWP(MD)/1005/2017dismissed as infructuous

Edwin Jose, S/O.James v. The Registrar,

2017-07-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2017 CORAM :

THE HONOURABLE JUSTICE K.KALYANASUNDARAM W.P.(MD) No.1005 of 2017 Edwin Jose ... Petitioner Vs.

1. The Registrar, Tamil Nadu Dr.M.G.R. Medical University, 69, Anna Salai, Guindy, Chennai - 600 032.

2. Dharmarathnakara Dr.Mahalingam Institute of Paramedical Science and Research, Represented by its Principal, Sakthinagar - 638 315, Bhavani Taluk, Erode District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue of a Writ of Mandamus, to direct the 1st respondent to provide the answer book written by the petitioner pertains to II year M.Sc Nursing Course vide Subject (1) Paper II- Clinical Speciality II, Branch V-Psychiatric (Mental Health) Nursing bearing subject code 2342, question paper code bearing No.302342, conducted during April and October 2016 by considering the representation of the petitioner dated 07.01.2017.

For Petitioner :

Mr.L.Jeen Felix For R1 :

Mr.C.Karthick For R2 :

Mr.Ananth C.Rajesh

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, to direct the 1st respondent to provide the answer book written by the petitioner pertains to II year M.Sc Nursing Course vide Subject (1) Paper II- Clinical Speciality II, Branch VPsychiatric (Mental Health) Nursing bearing code 2342, question paper code bearing No.302342, conducted during April and October 2016 by considering the representation of the petitioner dated 07.01.2017.

https://hcservices.ecourts.gov.in/hcservices/

2. Mr.C.Karthick, learned counsel for the first respondent would submit that the petitioner has sought for answer paper for the examinations written in the month of April 2016. He further submitted that in the examinations conducted in the months of April 2016, the petitioner failed in the practical examination and therefore, he is not entitled for seeking answer papers. He also submitted that they will keep the answer papers for three months only and thereafter, they will destroy the same and therefore, it cannot be given to the petitioner.

3. With regard to the answer paper for the examination conducted in the month of October 2016, it is submitted by the learned Counsel for the first respondent that the petitioner has already been provided with the same and therefore, the wriit petition has become infructuous.

4. In view of the above submissions, the Writ Petition is dismissed as infructuous, however, giving liberty to the petitioner to work out his remedy, if any, in the manner known to law. No Costs.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To The Registrar, Tamil Nadu Dr.M.G.R. Medical University, 69, Anna Salai, Guindy, Chennai - 600 032.

+ 1 CC TO Mr.ANANTH C.RAJESH, ADVOCATE IN SR No. 67374 + 1 CC TO Mr.S.C.HEROLD SINGH, ADVOCATE IN SR No. 67019 + 1 CC TO Mr.C.KARTHIK, ADVOCATE IN SR No. 66918 CMR/RSB TE/KP/SAR-I : 03/08/2017 : 2P/5C W.P.(MD) No.1005 of 2017 21.07.2017 https://hcservices.ecourts.gov.in/hcservices/