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2021 Supreme(Online)(MAD) 46089

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.11.2021 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.22909 of 2021 and W.P.No.9429 of 2020 and W.M.P.No.11522 of 2020 Dr.S. Karthika ... Petitioner in both W.PNo.'s Vs.

1. National Medical Commission, Represented by its Joint Secretary/Assistant Secretary Pocket-14, Sector-8, Dwaraka, Phase-I New Delhi-110077

2. The Pondicherry University Rep by it Registrar, Administrative Building, R.V.Nagar, Kalapet, Puducherry 605 014

3. The Controller of Examinations, Pondicherry University, R.V.Nagar, Kalapet, Puducherry 605 014

4. Sri Venkateshwara Medical College Hospital and Research Centre Represented by its Chairman B.Ramachandran, No.13A, Pondy Villupuram Main Road, Ariyur, Puducherry-605 102 ... Respondents in W.P.No.22909 of 2021

1. The Union of India, Represented by its Secretary, Ministry of Health and Family Welfare (Department of Health-DE Section)

Maulana Azad Road, New Delhi-110 011.

2. The Medical Council of India, Represented by its Joint Secretary/Assistant Secretary Pocket-14, Sector-8, Dwaraka, Phase-I New Delhi-110077.

3. The Union Territory of Puducherry, Represented its Under Secretary to Government(Health).

Chief Secretariat, Puducherry.

4. Central Admissions Committee, (CENTAC)

Represented by its Chairman/Convener, Pondicherry Engineering College Campus Puducherry-605 014.

5. Sri Venkateshwara Medical College Hospital and Research Centre, Represented by its Chairman B.Ramachandran, No.13A, Pondy Villupuram Main Road, Ariyur, Puducherry-605 102

6. The Pondicherry University Rep by it Registrar, Administrative Building, R.V.Nagar, Kalapet, Puducherry 605 014

7. The Controller of Examinations (i/c)

Pondicherry University, R.V.Nagar, Kalapet, Puducherry-605 014.

...Respondents in W.P.No.9429 of 2020 Prayer in W.P.No.22909 of 2021:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other appropriate writ order or directions in the nature of a writ directing the 1st respondent to take a decision on condoning the shortage of attendance of the petitioner and consequently direct the 2nd respondent to declare petitioner's result of the PG examination held in July

2020.

Prayer in W.P.No.9429 of 2020:

Petition filed under Article 226 of the Constitution of India to issue a Writ or Mandamus or any other appropriate writ, order or direction in the nature of the writ directing the respondents 6 and 7 to condone the shortage of attendance of the petitioner to appear for final year PG Examination commencing from 15.07.2020 onwards by issuing Hall Ticket to the petitioner.

For Petitioner : Mr.P.S.Raman For Respondent R1 : Ms. Subharanjani Karthik, Learned Standing Counsel in all W.P's For Respondents R2, R3 : Mr. M.Ravi in all W.P's

O R D E R

The petitioner has filed the Writ Petition in W.P.No.22909 of 2021 seeking issuance of Writ of Mandamus or any other appropriate writ order or directions in the nature of a writ directing the 1st respondent to take a decision on condoning the shortage of attendance of the petitioner and consequently direct the 2nd respondent to declare petitioner's result of the PG examination held in July 2020.

2. The petitioner has filed the Writ Petition in W.P.No.9429 of 2020 seeking issuance of Writ or Mandamus or any other appropriate writ, order or direction in the nature of the writ directing the respondents 6 and 7 to condone the shortage of attendance of the petitioner to appear for final year PG Examination commencing from 15.07.2020 onwards by issuing Hall Ticket to the petitioner.

3. The case of the petitioner in is that the petitioner had completed her MBBS Degree and further she joined the PG course, MD Paeditraics in the college of the 4th respondent through CENTAC Government Quota on merit in the year 2017. Thereafter, the petitioner submitted Research Article under the title “A Study on the Role of LATCH Scoring in duration of exclusive breast feeding in rural tertiary hospital” published in International Journal and the petitioner was issued a certificate for the same. In view of the above said participations, the petitioner was affected by shortage of attendance in the said college due to which the petitioner made a representation to the 4th respondent for issuance of Hall Ticket to the petitioner on 14.07.2020 and thereafter, the 4th respondent college recommended the 2nd respondent for issuing Hall Ticket to the petitioner, which was not considered. Against the non-issuance of the Hall Ticket, the petitioner filed Writ Petition in W.P.No.9426 of 2020 and prayed for issuing directions to the respondents 6 and 7 to condone the shortage of attendance of the petitioner and to appear for final year PG Examination commencing from 15.07.2020 onwards by issuing Hall Ticket to the petitioner and an interim order was passed by this Court on 16.07.2020, directing the 2nd respondent to issue Hall Ticket to the petitioner pending the Writ Petition as a result of which the petitioner was issued the Hall Ticket and allowed to participate in the PG final year examination. Even then the result was not published by the 2nd respondent and hence, the petitioner filed this present Writ Petition.

4. Learned counsel appearing for the petitioner submits that the as per the regulations of Medical Council of India for Post Graduate Medical Education, there should be attendance of 80% of the imparted training during each academic year whereas the petitioner was affected by the shortage of attendance of only 71%. In such situation, the other mechanism available for shortage of attendance that the college can conduct extra classes so that the petitioner would be entitled to participate and compensate the shortage of attendance. However, such mechanism is not available in the Pondicherry University and in National Medical Commission. In view of the above facts, this Court may direct the first respondent to frame certain guidelines and publish the results as sought by the petitioner.

5. The learned counsel appearing for the 4th respondent submits that the request of the petitioner to issue Hall Ticket was forwarded to the 2nd respondent, and the same was not considered by the 2nd respondent, the petitioner filed Writ Petition in W.P.No.9426 of 2020 before this Court. Thereafter, this Court passed an interim order in favour of the petitioner and she was permitted to attend her final year PG examination however, the results of the same was not published and, therefore, this Court may issue direction to the 2nd respondent to publish the results and further submits that he has no objection in granting the prayer sought by the petitioner.

6. The learned counsel appearing for the 2nd respondent submit that there is a mechanism available for condoning t

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