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2020 Supreme(Mad) 2209
IN THE HIGH COURT OF MADRAS
Amreshwar Pratap Sahi, Senthilkumar Ramamoorthy, JJ.
The Chairman, Sri Venkateshwaraa Medical College Hospital and Research Centre – Petitioner
Versus
S.R. Keerthanaa and Ors. – Respondents
W.A. No. 576 of 2020
Decided On : 14-09-2020
Advocate Appeared:
For the Appellant : J. Abishek Jenasenan
For the Respondent: T.T. Ravichandran, M. Ravi and V.P. Raman
Headnote:
Writ of Mandamus - Permission to attend Exam - Required attendance of - Seeking direction to respondents to permit her to undertake examination to be conducted by third respondent University for final year M.S.(Obstetrics and Gynaecology) for academic year - Counsel appearing for College, respondents 1 and 2 would submit that petitioner does not have required attendance of 80% and she has got only 71% - Counsel for third respondent. on instructions, would submit that University has got power to condone deficit attendance to an extent of 10% on a proposal being made by College - Third contention is that even if University was competent authority, Regulations or even Ordinances governing academic matters for Pondicherry University do not provide for any such grant - Held, Once court find that the very admission of the first respondent is seriously under dispute and has to be decided by learned Single Judge in W.P. that is pending consideration - Court find it unsustainable, as judgment has been delivered without taking notice of aforesaid facts as well as law and without giving an opportunity to a proper and necessary party, namely, the Medical Council of India, to contest matter relating to shortage of attendance - Also leave question of percentage of attendance open to be adjudicated by learned Single Judge with regard to first respondent, as to whether it is 71%, or otherwise is capable of being construed as minimum of 80% as required under the Regulations, which will however be necessary in event first respondent succeeds in her writ petition viz., W.P - Appeal is partly allowed.
JUDGMENT :
Amreshwar Pratap Sahi, J.
1. The appeal has been filed by Sri Venkateshwaraa Medical College Hospital and Research Centre, Puducherry, questioning the order dated 17.6.2020, whereby the writ petition filed by the first respondent has been finally disposed of by a short order, which is extracted herein under:
"This matter is taken up for hearing through Video Conferencing.
2. The petitioner seeks for issuance of a Writ of Mandamus directing the respondents to permit her to undertake the examination to be conducted by the third respondent University for final year M.S.(Obstetrics and Gynaecology) for the academic year 2019-2020.
3. Mr. Abishek Jinasenan, learned Standing counsel appearing for the College, viz., the respondents 1 and 2 would submit that the petitioner does not have the required attendance of 80% and she has got only 71%.
4. Mrs. A.V. Bharathi, learned Standing Counsel for the third respondent. on instructions, would submit that the University has got the power to condone the deficit attendance to an extent of 10% on a proposal being made by the College.
5. In the light of the above submissions made by the learned counsels, this Writ Petition is disposed of with the following directions:
(i) the first respondent shall send the proposal for condonation of the deficit attendance along with requisite reasons and fees to the University by 23.06.2020. Upon receipt of the same, the third respondent shall take steps to condone the deficit attendance, which is within the permissible limit even according to the third respondent, and permit the petitioner to write the examination for the academic year 2019-20.
(ii) without waiting for the condonation of the attendance, the College shall allow the petitioner to pay the examination fee. Since it is stated that the last date for payment of examination fee was yesterday, i.e., 16.06.2020., I extend the time for payment of the examination fee till 24.06.2020. The petitioner shall also pay the fee for condonation of deficit attendance.
(iii) the College shall allow the petitioner to pay the examination fee by providing necessary access to her for on-line payment.
(iv) the parties are directed to act upon, on production of Web copy.
No costs. Consequently, connected miscellaneous petition is closed."
2. Shri Abishek Jenasenan, learned counsel for the appellant College, while arguing the appeal at the initial stage on 10.7.2020 had made a request that the learned Single Judge had allowed the writ petition without even impleading the Medical Council of India, on an erroneous concession recorded on behalf of the Pondicherry University regarding the requirement of minimum attendance for appearing in Post Graduate examinations. We had passed the following order on 10.7.2020 in C.M.P. No. 7436 of 2020 in W.A. No. SR 44058 of 2020:
"The petitioner/appellant Medical College has come up contending that the first respondent/writ petitioner was ineligible for appearing in the examinations, as the candidate had admittedly not attended the minimum of 80% training, including the assignments in all facets of the examination process, which is clearly stipulated in Clause 13.2 of the Regulations framed by the Medical Council of India.
2. The second ground raised is that the Medical Council of India was not even made as a party in the writ petition.
3. The third contention is that even if the University was the competent authority, the Regulations or even the Ordinances governing the academic matters for the Pondicherry University do not provide for any such grant.
4. Learned counsel has then also submitted that he may be permitted to pursue this appeal with the amended cause title with the Medical Council of India as respondent No. 4.
5. The permission to allow the Medical Council of India to be impleaded would be dependent upon the contest put forth in this regard, but keeping in view the submissions raised, we find that the impugned judgment requires a scrutiny, as it appears to have been disposed of
