2012 Supreme(Mad) 2677
High Court of Judicature at Madras
K. CHANDRU
Dr. Priyadharshini
Versus
The Secretary to the Government Education, Secretariat, Chennai & Others
W.P.No.15126 of 2012 & M.P.No.1 of 2012
Decided on : 28-06-2012
Advocate Appeared:
For the Petitioner:A. Edwing Prabakar, Advocate.
For the Respondents: E. Sampath Kumar, Special Government Pleader.
The interpretation of prospectus guidelines and the completion of compulsory rotating internship influenced the court's decision to dismiss the writ petition seeking additional marks for experience in medical education.
Headnote:
Additional Mark - Medical Education - The court dismissed the writ petition seeking additional marks for experience in medical education based on the interpretation of the prospectus and the completion of compulsory rotating internship.
Fact of the Case:
The petitioner sought a direction to the Director of Medical Education to give additional marks for experience gained during a specific period to participate in counseling for Post Graduation Degree Course.
Finding of the Court:
The court analyzed the petitioner's internship period, the prospectus guidelines, and concluded that there was no case to entertain the writ petition, ultimately dismissing it.
Issues: The issue revolved around the petitioner's entitlement to additional marks for experience in medical education based on the completion of compulsory rotating internship.
Ratio Decidendi: The court's decision was influenced by the prospectus guidelines, which stated that fractional values of a year would not be counted for awarding marks for experience.
Final Decision: The writ petition was dismissed, and no costs were imposed. The connected miscellaneous petition was closed.
1. Heard both sides.
2. This writ petition is filed by the petitioner seeking for a direction to the second respondent, namely the Director of Medical Education, Chennai, to give additional mark for the experience gained in the year 2009-2010 and allow her to participate in the counseling for Post Graduation Degree Course / 5 year M.Ch for the year 2012-2013.
3. When the writ petition came up on 14.06.2012, this Court ordered notice on admission and directed the learned Special Government Pleader to get instructions from the respondents.
4. Accordingly, when the matter came up on 19.06.2012, a written instruction was received from the Additional Director of Medical Education cum Secretary, Selection Committee. In the written instruction, it was stated that the petitioner had undergone M.B.B.S Degree Course in Karnataka and her period of Compulsory Rotating Internship for one year was commenced from 16.03.2008 in the K.U.G. Medical College and Hospital, Kurujhbhag, Karnataka and she continued there till 14.06.2008. But however, for personal reasons and convenience, instead of completing her Compulsory Rotating Internship, she did the remaining period of Compulsory Rotating Internship at Indira Gandhi Government General Hospital and Post Graduate Institute, Puducherry, as her home town was Neyveli. Hence, there was a break from 15.06.2008 to 03.07.2008 for 19 days. Because of the willful and wanton break, the completion of Internship was postponed to 02.04.2009. For admission in Post Graduate Courses, candidates are entitled to one mark for experience for every completed one year as on 31.03.2012, subject to the maximum of 10 marks. If the petitioner had continued and completed the internship period in the same medical college and hospital, where she pursued M.B.B.S degree course, she would have completed the internship period on 15.03.2009 and would have got 3 marks for her experience as on 31.03.2009. Because of the break in internship, the period of completion of internship was postponed to 02.04.2009 and hence, she is entitled to two marks for experience, since the fraction of the year cannot be considered for experience, even as per the prospectus. Accordingly, she has been given two marks for the two years completion of Compulsory Rotating Internship.
5. The prospectus was produced by the petitioner in the typed-set and in para 41 of the prospectus, it was stated that the fractional values of a year will not be counted for awarding marks for experience.
6. Under the said circumstances, there is no case made out by the petitioner to entertain the writ petition and hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.