Madras High Court
The Controller Of Examinations, ... vs K. Sudhakar on 29 April, 2005
Equivalent citations: 2005(3)CTC2
Author: Markandey Katju
Bench: Markandey Katju, F.M. Ibrahim Kalifulla
JUDGMENT Markandey Katju, C.J.
1. The writ appeal by the Pondicherry University as well as Writ Petition No.14 of 2004 are being decided in this common judgment. The writ appeal is against the judgment of the learned single Judge dated 10.12.2003.
2. The facts of the case are covered by the Supreme Court decision in State of Tamil Nadu v. S.V. Bratheep, 2004(2) CTC 227, which has been followed by a Division Bench of this Court in W.A. Nos. 220 to 224 of 2004 (Controller of Examinations, Pondicherry University v. T. Jayaprakash) decided on 23.2.2005. In the aforesaid decision of the Supreme Court it has been held that the University can prescribe higher qualifications than that fixed by the All India Council for Technical Education. In the present case the qualifications prescribed by the University are higher than those fixed by the Medical Council of India. In view of the Supreme Court judgment referred to above such higher qualifications are valid.
3. In view of the above Supreme Court decision and our Division Bench judgment, the writ appeal and the writ petition are disposed off with a direction that the respondent/writ petitioner are entitled to receive the necessary certificate from the appellant University to enable them to produce before the Tamil Nadu Medical Council for registration and if such certificate is produced, the Medical Council shall register the names of the appellant and the petitioner. Connected WAMP Nos.6917/2003 and 192/2004 are closed. No costs.