Dr.P.Malarvili, M/O.Monish v. The Tamil Nadu Dr.M.G.R.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2016
CORAM:
THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.6987 of 2016 and W.M.P.(MD).Nos.5967 and 5968 of 2016 Dr.P.Malarvili ... Petitioner Vs.
1. The Tamil Nadu Dr.M.G.R. Medical University, represented by its Registrar, Chennai 600 032.
2. The Controller of Examination, Medical Council of Tamilnadu, Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai.
3. The Dean, Sree Balaji Medical College and Hospital, No.7, Works Road, Chromepet, Chennai 600 044.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the entire records pertaining to the notice issued by the third Respondent vide. Ref.No.2548/SBMC/2012 dated 29.03.2016 and quash the same and consequently direct the third Respondent not to interfere into the studies of petitioner's son M.Monish Rajer (final year student of MBBS) at the Third Respondent College.
For Petitioner : Mr.R.Anand For R1 and R2 : Mr.C.Karthik For R3 : No appearance.
O R D E R
Heard the Learned counsel for the petitioner.
2. According to the petitioner, her son Monish Rajer, when he was in the midst of exam holidays after completing higher secondary examination, he was foisted with a false case by the Traffic Intelligence Wing, Tirunelveli City on 05.12.2011 in Crime No.367 of 2011 under Sections 297 and 337 of I.P.C., based on the allegation that while driving a car viz., Nissan Micro, his son had failed to give attention on a road trafficking and instead driven the car in a rash and negligent
manner. As a result of which, his car was dashed on a bicycle driven by one Mymoon Sharmila. Immediately, she was taken to hospital and the investigation also proceeded further. Unfortunately, the said injured has lost her breath when she was in the hospital on the next day.
3. The plea of the petitioner is that her son got admission in M.B.B.S., course in the third respondent College as a 2011-2012 batch and even during his first year studies, he voluntarily disclosed about the pendency of the criminal case. On being satisfied with the explanation, the Dean of the third respondent College without any impediment, he had continued his studies and gone ahead towards final year.
4. When that be the fact situation, a new Medical Officer was appointed in the place of the third respondent/Dean, Sree Balaji Medical College and Hospital, Chrompet, Chennai, and soon he called upon her son and directed him to submit all the particulars regarding the criminal case. In the first week of March itself, he had placed all the records enclosing of the order of this Court. The third Respondent sent a communication dated 29.03.2016, to the petitioner (mother of the ward) and after receipt of the same, she prepared a detailed reply and sent the same to her son so as to hand over the same to the third respondent. Her son had gone to the chamber of the third respondent and handed over the same on 04.04.2016. However, on receipt of the same, the third respondent had categorically informed that for continuing with the course and for attending the examination, unless her son obtain a Court order, he would not be allowed to take part and immediately, when her son informed the same, she rushed to the Court and filed the present writ petition.
5. It comes to be known that the Third Respondent on 29.03.2016, in Ref.No.2548/SBMC/2012, addressed to the petitioner, had inter alia stated the following :
"As his final year university examination is going to be scheduled during the month of August 2016, you are requested to state the status of the case (Fresh Court Order) so as to enable us to proceed further in this matter and also to take a final decision regarding the appearance of the candidate for final year examination."
6. It transpires that the petitioner had obtained a legal opinion from the Additional Public Prosecutor, Mahila Court, Chennai dated 23.01.2012, wherein it was mentioned among other things that the petitioner's son can continue his education irrespective of such pending proceeding and there is no impediment under any law to allow him to continue his education in the College.
7. Furthermore, it appears that the petitioner's son had obtained a pendency certificate in respect of Crl.O.P.(MD).No.10511 of 2013 on the file of this Court stating that the case was listed on 19.07.2013. At this stage, the Learned counsel for the petitioner informs this Court that thereafter, the Crl.O.P.(MD).No.10511 of 2013, pending on the file of this Court has not been listed for further hearing.
8. Besides the above, the learned counsel for the petitioner submits that on 15.04.2016, a legal opinion from the Public Prosecutor of the Principal Sessions Court, Tirunelveli was obtained, whereby and where
under it is mentioned that after perusal of the CD file of the case, it is legally no bar to continue his education (petitioner's son) irrespective of such pending proceeding under any Law and to allow him to continue his education in the College.
9. Be that as it may, in view of the fact that the third Respondent in the communication dated 29.03.2016, addressed to the petitioner, had sought for a fresh Court order to know about the status of the case in order to proceed further in the matter and to take a final decision regarding the appearance of the candidate for final examination and also this Court, bearing in mind a primordial fact that on 15.04.
2016, the petitioner had obtained a legal opinion from the Public Prosecutor of Principal Sessions Court, Tirunelveli, inter alia to the effect that legally there is no bar to continue his education (petitioner son's education) irrespective of such pending proceeding in any law and to allow him to continue his education in the college, this Court, to prevent an aberration of justice and to promote substantial cause of justice, directs the petitioner to submit the fresh legal opinion dated 15.04.2016 obtained by her and to produce the same before the third respondent/Dean, Sree Balaji Medical College and Hospital, Chrompet, Chennai, within a period of 10 days from the date of receipt of a copy of this order.
The third Respondent/Dean, Sree Balaji Medical College and Hospital, Chrompet, Chennai is directed to look into the legal opinion of the Public Prosecutor of Principal Sessions Court, Tirunelveli dated 15.04.2016 and to take a final decision in terms of the said opinion within a week thereafter bearing in mind the paramount interest and welfare of petitioner's son's final year studies and appearance for final examination.
10. Liberty is granted to the petitioner to enclose the copy of the legal opinion obtained by her dated 15.04.2016 in the subject matter in issue and to produce the same before the third respondent/Dean, Sree Balaji Medical College and Hospital, Chrompet, Chennai (if not already done) in this regard.
11. With the aforesaid observations and direction, the Writ Petition stands disposed of. No costs. The connected Miscellaneous Petitions are closed.
Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar.
To
1. The Registrar,The Tamil Nadu Dr.M.G.R. Medical University, Chennai 600 032.
2. The Controller of Examination, Medical Council of Tamilnadu, Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai. +1CC to M/S.C.Karthik,Advocate, SR.No. 32180 +1CC to M/S.R.Anand, Advocate, SR.No. 32771 W.P.(MD)No.6987 of 2016 22.06.2016 akv AM/GSV.PM/SAR-III/23.06.2016/3P/5C