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2011 Supreme(Mad) 2561

P.JYOTHIMANI
P. Anand – Appellant
Versus
Tamil Nadu Dr. MGR Medical University rep. by its Registrar – Respondent


Advocates Appeared:
For the Petitioners:S. Thanka Sivan, C.A. Diwakar, Advocates.
For the Respondents:R1 & R3 - A. Saravanan, R3 - V.P. Raman, G. Sankaran, Special Government Pleader assisted by, R4 - E. Ranganayaki, Government Advocate (Edn.).

JUDGMENT :-

1. The writ petitioners are all final year M.B.B.S. students of the academic year 2010-2011 and they have all sought a writ of declaration to declare that the impugned guidelines, viz., Guidelines for Clinical/Viva Voce Examinations Final Year MBBS (Non Semester) Part-II examinations concerning the subject "General Surgery" (for brevity, "the impugned guidelines") introduced/followed by the first respondent insofar as the same insists minimum of 50% marks individually in the sub-branches, viz., Practical for General Surgery and Orthopedic, as contrary to Regulation 12(4) of the Medical Council of India Regulations on Graduate Medical Education 1997 (for brevity, "the MCI Regulations, 1997") and declare the same as illegal and unconstitutional and consequently declare the petitioners having passed in the university examination in General Surgery in the final year 2010-2011, so as to enable them to proceed with the internship in the year 2011-2012.

2.1. The petitioner in W.P.No.8472 of 2011 has obtained admission in the Tamil Nadu Dr.M.G.R. Medical University, namely the first respondent, in the first year M.B.B.S. Course in the year 2006-2007 and was allotted Government St









































































































































































































































































































































































































































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