Dr.T.Gopi vs The Tamil Nadu Dr.M.G.R. Medical ... on 5 December, 2017

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Madras High Court

Dr.T.Gopi vs The Tamil Nadu Dr.M.G.R. Medical ... on 5 December, 2017

Bench: N.Kirubakaran

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05-12-2017

CORAM : 

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN

W.P.No.27010 of 2017
and WMP.No.28822 of 2017


Dr.T.Gopi								...Petitioner  

Vs


1.The Tamil Nadu Dr.M.G.R. Medical University
No.69, Anna Salai
Guindy, Chennai  600 032.
Rep. by its Registrar

2.Medical Council of India
Rep. by its Chairman
Sector 8, Dwaraka Phase-I
New Delhi  110 077.

3.The Pondicherry University
Rep. by its Vice Chancellor
Pondicherry.
[R3 suo motu impleaded as per 
order dated 13.10.2017 in W.P.No.27009/17 
and connected WMPs]						... Respondents 

Prayer : Petitions filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned communication dated 31.01.2014 Ref.Rc.NoAI(3)/48325/2013 issued by the first respondent and quash the same and consequently direct the first respondent University to grant the benefit of independent multiple evaluations to the petitioners theory papers of the Regn.No.221512153 for the theory papers in Post Graduate Degree Course in MS-Orthopaedics examination held during May 2017 as per MCI Post Graduate Medical Education 2000 (as amended upto 2013), within a time.

	For Petitioner	:	Mr.A.V.Raja 

	For Respondents	:	Mr.D.Ravichander (for R1)

					Mr.V.P.Raman (for R2)
					Standing counsel

					Mr.Stalin Abimanyu (for R3)
					Standing counsel

O R D E R

The petitioner joined Post Graduate Decree course in MS-Orthopaedics and got failed in Applied basic Sciences in Orthopaedic surgery, Orthopaedics including recent advances, subspecialities in Orthopaedics Traumatology (including paediatric Orthopaedics, Handsurgery, spine surgey, Arthoroplasty, Arthroscopy, sports medicine and Orthopaedic oncology). Therefore, the petitioner applied to the respondents for reevaluation. However, the same was rejected by communication dated 31.01.2014. The said order is being challenged before this Court, seeking independent multiple evaluation to the petitioner's theory paper in Post Graduate Degree Course in MS-Orthopaedics examination held during May 2017 examination.

2.This Court by order dated 13.10.2017, directed the Tamil Nadu Dr.M.G.R.University to send original answer sheet of the concerned petitioner, without coding sheet to the Pondicherry University for valuation. However, an appeal has been filed by the Tamil Nadu Dr. M.G.R. Medical University and the Division Bench directed the petitioner's paper to be reevaluated by the Tamil Nadu Dr.M.G.R. Medical University's panel of valuers. After reevaluation, the petitioner passed in the above subjects. Since the petitioner passed in the reevaluation, the prayer sought for by the petitioner has been complied with and hence, this writ petition is liable to be disposed.

In fine, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

05.12.2017 tkp/sai N.KIRUBAKARAN, J.

tkp/sai To

1.The Tamil Nadu Dr.M.G.R. Medical University No.69, Anna Salai Guindy, Chennai 600 032.

Rep. by its Registrar

2.Medical Council of India Rep. by its Chairman Sector 8, Dwaraka Phase-I New Delhi 110 077.

3.The Pondicherry University Rep. by its Vice Chancellor Pondicherry.

W.P.No.27010 of 2017

Dated : 05.12.2017

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