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2018 Supreme(Mad) 3439
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S. SUNDAR, J.
Suchithra - Appellant
Vs.
Tamilnadu Medical Council - Respondent
W.P. No. 25401 of 2018, 25729 of 2018; Writ Miscellaneous Petition No. 29556 of 2018, 29927 of 2018
Decided On : 05-10-2018
P. Thiagarajan, Adv., V. Annalakshmi, Adv., P. Dinesh Kumar, Adv.
The main legal point established is that regulations regarding attendance and maternity leave must not be discriminatory or arbitrary, and entitlement to appear for examinations should be based on actual attendance.
Headnote:
Maternity Leave - Post Graduate DLO Diploma Course Examination - Medical Council of India Act 1956, Medical Council of India PG Medical Education Regulations 2000, Maternity Benefit Act 1961 - Clauses 11, 12, 13.2, 14 - The court discussed the provisions of the Medical Council of India Act 1956, Medical Council of India PG Medical Education Regulations 2000, and Maternity Benefit Act 1961. It highlighted the interpretation of Clauses 11, 12, 13.2, and 14, emphasizing the entitlement of maternity leave and the requirement of attendance for examination.
Fact of the Case:
The petitioners sought a Writ of Mandamus to issue an application for Post Graduate DLO Diploma Course Examination, citing their attendance and maternity leave. The court found that the petitioners had attendance for the examination and were entitled to appear for it.
Finding of the Court:
The court found that the petitioners' attendance made them eligible to appear for the examination, and the regulations regarding maternity leave and attendance were discriminatory and arbitrary.
Issues: The issues involved the entitlement of maternity leave, attendance requirements, and the interpretation of relevant regulations.
Ratio Decidendi: The court held that the regulations regarding attendance and maternity leave were discriminatory and arbitrary, and the petitioners were entitled to appear for the examination based on their attendance.
Final Decision: The court directed the Academic Officer/Controller of Examination to issue exam applications for the Post Graduate DLO Diploma Course Examination to the petitioners, considering their attendance and maternity leave.
S.S. Sundar, J.
W.P. No. 25401 of 2018 has been filed seeking for issuance of a Writ of Mandamus directing the Academic Officer/Controller of Examination, the third respondent herein, to issue an application for Post Graduate DLO Diploma Course Examination to be held in the month of October 2018 conducted by the Tamil Nadu Dr.M.G.R. Medical University, the second respondent herein, considering the petitioner's entire attendance of 336 days for second academic year and permit her to attend for the examination to be held in the month of October 2018.
2. W.P. No. 25729 of 2018 has been filed seeking for issuance of a Writ of Mandamus directing the Academic Officer/Controller of Examination, the third respondent herein, to issue an application for Post Graduate DLO Diploma Course Examination to be held in the month of October 2018 conducted by the Tamil Nadu Dr.M.G.R. Medical University, the second respondent herein, considering the petitioner's attendance for entire course period from May 2016 to October 2018 and permit her to attend for the examination to be held in the month of October 2018.
3. The petitioners have completed their MBBS degree in the year 2014 and they were selected for two year PG Diploma DLO course for the academic year 2016-2018, which course has commenced from May 2016 and it would extend upto October 2018. There is no midterm exam as the examination is conducted only after the completion of two year course.
4. The petitioner in W.P. No. 25401 of 2018 has completed her first year course with 98% of attendance and she has availed maternity leave during the second year course from 02.08.2017 to 28.02.2018. The third respondent/Academic Officer of the University (herein after called the third respondent) has condoned the maternity leave on 28.02.2018 and the petitioner was permitted to rejoin the course on 01.03.2018 and she was continuously attending the classes.
5. The petitioner in W.P. No. 25729 of 2018 has availed maternity leave during the first year course from 23.07.2016 to 14.03.2017. The third respondent/Academic Officer of the University (herein after called the third respondent) has condoned the maternity leave on 08.03.2017 and the petitioner was permitted to rejoin the course on 15.03.2017 and she was continuously attending the classes thereafter.
6. It is stated by the learned counsel appearing for the petitioners that as per the MCI guidelines, there should be 80% of attendance for the academic year to appear for the examination and since the petitioners have no sufficient percentage of attendance for the Examination held in April 2018 as per the MCI guidelines, they have not appeared. It is further stated that as on 30.10.2018, (i) the petitioner in W.P. No. 25401 of 2018 has 92% of attendance and (ii) the petitioner in W.P. No. 25729 of 2018 has 86% of attendance and hence, they are entitled to appear for the examination schedule to be held in October 2018. However the controller of examination has not issued the exam application. The last date for submission of application was also over by 27.09.2018. Since the petitioners' attendance prior to availing of Medical Leave was not considered, the petitioners have approached this Court with the above Writ Petitions.
7. The petitioner in W.P. No. 25729 of 2018 has joined the first year course on 23.05.2016 and she has availed maternity leave from 23.07.2016 to 14.03.2017. She attended the course after the maternity leave from 15.03.2017. Since the petitioner did not have 80% of attendance at the time of examination held in the month of April 2018, she was not permitted for the examination. However, the petitioner has continuously attended the classes and as on 30.10.2018, she is having 86% of attendance for the entire course period.
8. The petitioner in W.P. No. 25401 of 2018 has completed the first session of the course with 98% of attendance and she has availed maternity leave from 02.08.2017 to 28.02.2018 in the second session of the course. She
