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2020 DIGILAW 719 (MAD)

Priya Acka Thomas v. Government of India, Rep by its Joint Secretary, New Delhi

2020-04-16

M.SUNDAR

body2020
JUDGMENT (Prayer: W.P.No.7466 of 2020 has been filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents to recognise the admission of the petitioner in the Post Graduation course of M.D.Radio Diagnosis in terms of PG (MD/MS) Course 2017-Admission-Reg. Dated 31.05.2017 issued by the 6th respondent and consequently permit the petitioner to complete the course by allowing her to sit for written examination as well as practical and oral examination to be held by fifth respondent as scheduled or reschedule by the seventh respondent for MD/MS Degree examination May 2020 by including M.D. Radio Diagnosis Post Graduate course by providing hall ticket to the petitioner and pass such further or other orders as this court may deem fit and necessary under the circumstances of the case and thus render justice. W.P.No.7467 of 2020 has been filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents to recognise the admission of the petitioner in the Post Graduation course of M.D. Pulmonary Medicine in terms of PG (MD/MS) Course 2017-Admission-Reg. Dated 31.05.2017 issued by the 6th respondent and consequently permit the petitioner to complete the course by allowing her to sit for written examination as well as practical and oral examination to be held by fifth respondent as scheduled or reschedule by the seventh respondent for MD/MS Degree examination May 2020 by including M.D. Pulmonary Medicine Post Graduate course by providing hall ticket to the petitioner and pass such further or other orders as this court may deem fit and necessary under the circumstances of the case and thus render justice.) Common Order 1. This common order will dispose of both these writ petitions. Petitioners in these two writ petitions are pursuing Post Graduation Courses in Medicine, namely, M.D. Radio-Diagnosis and M.D. Pulmonary Medicine in the 6th respondent institution, i.e., 'Pondicherry Institute of Medical Science' (hereinafter 'PIMS' for brevity). 2. Theory and practical examinations for various P.G. Courses were notified by fifth respondent (Pondicherry University). To be noted, this court is informed that PIMS is affiliated to Pondicherry University. In the notification, theory and practical examinations (scheduled to commence this week) for P.G. Courses for the aforesaid two disciplines, namely, M.D. Radio-Diagnosis and M.D. Pulmonary Medicine do not find place. Therefore, expressing extreme urgency, instant writ petitions were moved and a web hearing was permitted. 3. In the notification, theory and practical examinations (scheduled to commence this week) for P.G. Courses for the aforesaid two disciplines, namely, M.D. Radio-Diagnosis and M.D. Pulmonary Medicine do not find place. Therefore, expressing extreme urgency, instant writ petitions were moved and a web hearing was permitted. 3. Mr.G.Ethirajulu, learned counsel for writ petitioners, Mr.V.P.Raman, learned counsel for second respondent 'Medical Council of India' ('MCI' for brevity), Mr.V.Balamurugan, learned counsel on behalf of respondents 5 and 7, i.e., Pondicherry University and Controller of Examinations of Pondicherry University and Mr.Abishek Jenasenan, learned counsel on behalf of 6th respondent PIMS are before me in the web hearing today. 4. To be noted, there is no disputation or disagreement as between counsel before me that in view of the trajectory which the hearing has taken today and in view of the abridged prayer (which shall be alluded to infra), presence of respondents 1, 3 and 4 are not necessary for disposal of instant writ petition. Saying so, all aforementioned counsel before me consent for disposal of main writ petitions. 5. Learned counsel for Pondicherry University Mr.V.Balamurugan, on instructions, submitted that theory and practical examinations already notified (referred to supra) have been adjourned sine die owing to the prevailing situation, which is both unexpected and unprecedented. This submission is recorded. This situation which is owing to a pandemic shall be referred to as 'Covid 19 situation' for convenience. 6. There is a reference to pending writ petitions being W.P.Nos.1155, 1284 and 1287 of 2018 in this court filed inter-alia by PIMS. That pertains to a challenge to discharge orders issued to certain students. To be noted, there is an interim order dated 22.01.2018 in said writ petitions and the same is operating. There is also no disputation that those writ petitions are pending. 7. In the instant case, there is no disputation or disagreement that two writ petitioners herein have not been visited with any discharge orders, they secured admission in aforesaid two courses in 2017-18 academic year and have been pursuing the same in PIMS for three years now. To be noted, this court is informed that this third year is the final year. 8. Learned counsel for MCI submitted that the procedure in vogue across the board is that recognition is at two stages. To be noted, this court is informed that this third year is the final year. 8. Learned counsel for MCI submitted that the procedure in vogue across the board is that recognition is at two stages. One is recognition of the P.G. course itself and the other is when a candidate seeks recognition to become a practitioner after completion of the P.G. Courses. Therefore, counsel for writ petitioners abridges the prayer in two writ petitions on hand to a request to permit the writ petitioners herein to write the examinations. 9. To this, Mr.V.Balamurugan, learned counsel for Pondicherry University and Controller of Examinations, on instructions, submitted that two writ petitioners herein will be entitled to write examinations and will be issued with hall tickets as they have not been visited with discharge orders, if they satisfy all other conditions for sitting for examinations. In this regard, as can be culled out from writ affidavits, writ petitioners have already sent a letter dated 22.03.2020 to respondents 5 and 7. Mr.V.Balamurugan, learned counsel for Pondicherry University submitted that Deputy Registrar (Academic) of Pondicherry University will respond to this letter and communicate to writ petitioners about their hall tickets one way or the other, as writ petitioners have not visited with discharge orders. 10. It is also submitted by learned counsel for Pondicherry University that such communication will be made to writ petitioners as expeditiously as possible under due acknowledgment. When Pondicherry University communicates to two writ petitioners herein, simultaneously copies under due acknowledgment shall be served on PIMS (6th respondent) also. In any event, it is undertaken that examinations for the aforesaid two disciplines, namely M.D. Radio-Diagnosis and M.D. Pulmonary Medicine, will only be held after 21 clear days from the date of such communication to two writ petitioners herein. This is to enable writ petitioners to seek any remedy available to them if it becomes necessary and if the communication of Pondicherry University is adverse. Obviously, if Pondicherry University issues hall tickets, 21 days time line will become unnecessary. 11. Both writ petitions stand disposed of on above terms. No costs.