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2014 DIGILAW 4310 (MAD)

Secretary, Selection Committee Directorate of Medical Education v. V. M. Mohammed Junaidh

2014-11-18

ARUNA JAGADEESAN, M.JAICHANDREN

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Judgment M. Jaichandren, J. 1. Heard the learned counsels appearing for the parties concerned. 2. This writ appeal has been filed against the order of the learned single Judge of this Court, dated 17.3.2011, in W.P.No.25788 of 2010. 3. The first respondent had filed the writ petition, in W.P.No.25788 of 2010, praying for the issuance of a writ of Certiorarified Mandamus to call for and quash the order passed by the Secretary, Selection Committee, Directorate of Medical Education, Chennai, the second respondent in the writ petition, dated 15.10.2010, and to direct the said respondent to select the petitioner for admission to the M.B.B.S. Course, for the 2010-2011 session. 4. The learned single Judge had held that, as the marks secured by the petitioner in the writ petition, the first respondent herein, comes within the cut off marks for the M.B.B.S. Course, for the academic year 2010-11, the same may be considered for his admission, for the academic year 2011-12, without insisting that he should undergo the written examinations. It had also been noted that the first respondent had suffered from chicken pox during the period of examinations and it had prevented him in appearing in two examinations, namely, Chemistry and Mathematics, held on 11.3.2010 and 15.3.2010, respectively. 5. It has been further submitted that, pursuant to the order passed by the learned single Judge, dated 17.3.2011, in W.P.No.25788 of 2010, the first respondent had been admitted in the M.B.B.S. course and he had completed three years, as a student of M.B.B.S. course. 6. It had been submitted that the first respondent ought not to be permitted to complete his M.B.B.S. course, without any hindrance, by holding that the marks obtained by the first respondent, without taking all the papers at the same time, cannot be counted for the admission of the candidates. 7. The learned counsel appearing for the appellant had further submitted that the candidate concerned ought to have passed in all the subjects of the qualifying examinations, in one and the same attempt. However, the first respondent had not written two examinations, namely, Chemistry and Mathematics, due to his illness. Therefore, as per the conditions contained in the Prospectus issued by the Selection Committee, Directorate of Medical Education, Chennai, for the M.B.B.S. course, for 2010-2011 session, the first respondent stood disqualified for the admission to the M.B.B.S. course. However, the first respondent had not written two examinations, namely, Chemistry and Mathematics, due to his illness. Therefore, as per the conditions contained in the Prospectus issued by the Selection Committee, Directorate of Medical Education, Chennai, for the M.B.B.S. course, for 2010-2011 session, the first respondent stood disqualified for the admission to the M.B.B.S. course. Therefore, the order passed by the learned single Judge, dated 17.3.2011, in W.P.No.25788 of 2010, directing the appellants to consider the first respondent for admission, for the academic year 2011-2012, cannot be sustained in the eye of law. 8. Per contra, the learned counsel appearing for the first respondent had submitted that the marks secured by the first respondent would entitle him to be admitted in the M.B.B.S. course, for the academic year 2010-11, as he had passed all the subjects in the qualifying examinations, in the first attempt. However, as there had been a delay in the admission process, he had been admitted in the M.B.B.S., course for the academic year 2011-12, as per the direction issued by the learned single Judge of this Court, dated 17.3.2011, in W.P.No.25788 of 2010. Further, the first respondent had completed three years of M.B.B.S. course and therefore, the present writ appeal filed by the appellants is devoid of merits and it is liable to be dismissed. 9. The learned counsel appearing for the appellants had relied on the decision of the Supreme Court, reported in K.SUJATHA Vs. MARATHWADA UNIVERSITY (1995 SUPP (1) SCC 155), to state that, in similar facts and circumstances, the candidate concerned had been permitted to continue the medical course. 10. In view of the submissions made by the learned counsels appearing for the appellants, as well as the respondents, and on a perusal of the records available, it is noted that the first respondent had secured the cut off marks necessary, for being admitted in the M.B.B.S. course, for the academic year 2010-11. Thereafter, pursuant to the order passed by the learned single Judge of this Court, in W.P.No.25788 of 2010, dated 17.3.2011, the first respondent had been admitted in the M.B.B.S. Course, during the academic year 2011-12, and had completed three years in the said course. Thereafter, pursuant to the order passed by the learned single Judge of this Court, in W.P.No.25788 of 2010, dated 17.3.2011, the first respondent had been admitted in the M.B.B.S. Course, during the academic year 2011-12, and had completed three years in the said course. Even though the learned counsel appearing for the appellants had submitted that the first respondent was not qualified to be admitted in the M.B.B.S. Course, as he had not passed in all the subjects of the qualifying examinations, in one and the same attempt, we are of the view that the order passed by the learned single Judge need not be interfered with, at this stage, by going into the merits of the case. Therefore, in the given facts and circumstances of the case, when the first respondent had completed three years of the M.B.B.S course, we are not inclined to interfere with the order passed by the learned single Judge of this Court, dated 17.3.2011 in W.P.No.25788 of 2010. Hence, the writ appeal is dismissed. No costs. Connected M.P.No.1 of 2011 is closed.