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2018 Supreme(Mad) 3543

S.S.SUNDAR
V. Chandrabose – Appellant
Versus
Medical Counsel of India – Respondent


Advocates Appeared:
R. Poornima, Adv., V.P. Raman, Adv., A.V. Bharathi, Adv.

JUDGMENT

S.S. Sundar, J.

This Writ Petition is filed for issuing a Writ of Mandamus, directing the second respondent University to grant permission to the petitioner to apply and appear for phase I of first year subject, viz., Physiology in the forthcoming examination to be held on November-December 2018.

2. The brief facts that are necessary for disposal of the Writ Petition are as follows.

3. On completion of plus 2 examinations, the petitioner joined MBBS course in the third respondent Institution, during the academic year 2012-13 under the Management Quota. The petitioner took his first year course examinations in June 2013. It is not in dispute that for Medical Students, passing of papers of first phase is mandatory to move on to the second year. The phase I of the course contains 3 subjects, but the petitioner could not clear all the three subjects. Hence, the petitioner appeared in November 2013 supplementary examinations and cleared only one paper, viz., Anatomy and failed in other two subjects, viz., Physiology and Bio-Chemistry.

4. Thereafter, the petitioner appeared in May 2014 examination for both the subjects, viz., Physiology and Bio-Chemistry. Unfortunately, the petitione











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