2015 Supreme(Mad) 1290

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. RAVICHANDRABAABU, J.

Anjana S. Nair – Appellant
Versus
The Tamil Nadu Dr. M.G.R. Medical University & Others – Respondents
W.P.(MD)No. 19564 of 2014 & M.P(MD)No. 1 of 2014
Decided On : 11-03-2015

Headnote:

Clinical Examination - Post Graduate Degree Courses - Change in midstream of course - She joined Post Graduate Degree Course - MDS in 3rd respondent college in May - Duration of course is three years - 3rd respondent college is affiliated to first respondent University - As per modified University Regulation, 2010-11 and based on Dental Council of India Regulation 2007 there is one examination at end of first year and at end of third year there will be three theory papers apart from Clinical Practical Examination and Viva-Voce examination - First respondent University introduced its regulations namely Regulations for Master of Dental Surgery Course on par with Dental Council of India Regulation- 2007 but with slight modification - Petitioner took first year examination paper - I held in April and passed same by securing marks - She continued course for next two years with sufficient attendance and became eligible to take final examination in April - Third respondent college forwarded petitioners dissertation to first respondent University with prescribed fee - Petitioner took final examination in April three theory papers along with examination and viva-voce - Results were announced and petitioner was declared pass in all three theory examinations and dissertation – Held, One more vital aspect needs to be considered in this case - As rightly pointed out by counsel appearing for third respondent college if really University wanted petitioner to take examination as per Composite System it should have asked petitioner to write all four theory papers in third year including paper in which petitioner has already passed in first year itself - It is not in dispute that as per Composite System all examinations including theory practical clinical and viva voce have to be taken at end of third year - In this case petitioner was called upon to write only three theory papers namely papers 2 to 4 along with failed practical test in October examination - Therefore it is evident that University itself is under utter confusion with regard to applicability of relevant System in case of petitioner - Further as rightly pointed out by counsel appearing for petitioner and third respondent paper - IV in Composite System is Essay whereas paper - IV in Component System is Recent Advances in Orthodontics - If University wanted petitioner to write examination under Composite System during October session it ought not to have allowed petitioner to write the paper – IV namely Recent Advances in Orthodontics and on other hand it ought to have directed petitioner to write only Essay as Paper – IV - In this case admittedly petitioner has written paper - IV in October examination only in Recent Advances in Orthodontics subject which is evident in mark sheet issued to her - Likewise maximum marks for each theory papers also varies as found in tabular column shown above - Considering all these factual aspects of matter court of view that petitioner is entitled to write her examination only under composite system and if such system is applied she ought not to have been compelled to write theory examination which she has already passed in October itself - No doubt petitioner has paid examination fee and appeared in examination in October and failed in theory examination and passed in practical examination – Hence counsel appearing for respondents 1 and 2 submitted that conduct of petitioner is barred under principles of estoppels - Court do not think that such principle can be applied to present case in view of fact that it is not on petitioners own volition she has chosen to write examination once again in passed paper - No one would intend to do so unless it is for improvement - On other hand it is only by force petitioner has taken examination which is otherwise totally not required or warranted as such writing of examination was only at instance of University by writing letter to all Deans and Principals causing confusion as though students admitted in earlier academic year were also to take examination in Composite System - Writ Petition is allowed