IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.11377 of 2021

and

W.M.P.No.26270 of 2021

T.Vishnupratheepa

...Petitioner

Vs.

1.

The State of Tamilnadu,

Rep by its Secretary,

Health and Family Welfare Department,

Fort St. George, Chennai-600 009.

2.

The Director of Medical Education,

162, EVR Periyar Salai,

Kilpauk, Chennai-600 010.

3.

The Registrar,

The TN Dr.MGR Medical University,

No.69, Anna Salai, Guidy,

Chennai-600 032.

4.

The Dean,

Vivekanandha Dental College for Women,

Thiruchengode,

Namakkal District-637 205.

...Respondents

W.P.No.11377 of 2021 filde under Article 226 of the

Consitution of India, to issue a writ or any other appropriate

order of Directions in the nature of a WRIT OF MANDAMUS

directing the respondents to continue to permit the petitioner

to pursue her 3^rd year BDS course in the 4^th respondent

Vivekanandha Dental College for Women, Thiruchengode, in the

academic session 2020-2021 by considering her representation

dated 19.04.2021.

WMP filed under Article 226 of the Constitution of India to

issue suitable AD Interim Orders directing the 3rd and 4th

respondents to permit the petitioner to take the 3rd year BDS

examination scheduled in December 2021 or any other future date,

for the academic session 2020-2021, pending disposal of the Writ

Petition.

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For Petitioner : Mr.P.Godson Swaminath

for Mr.R.M.Suresh

For Respondent R3

: Mr.D.Ravichandran

Special Government Pleader

O R D E R

The petitioner has filed this petition seeking issuance of

suitable AD Interim Orders directing the 3rd and 4th respondents

to permit the petitioner to take the 3rd year BDS examination

scheduled in December 2021 for the academic session 2020-2021,

pending disposal of the Writ Petition.

2.The case of the petitioner is that she is pursuing her 3rd

year BDS course in 4th respondent's college. As per the system

which is in vogue, the 3rd respondent university stated that the

students studying BDS course must complete four out of five

papers of the 2nd year and without completing the same, the

students cannot be moved to 3rd year. The petitioner has cleared

3 out of 5 papers of the 2nd year and due to pandemic

situation, no supplementary examination was conducted, the

petitioner was unable to clear the remaining papers and the

petitioner was not allowed to attend the 3rd year classes.

Hence, the petitioner filed the writ petition in W.P.No.11377 of

2021 and when it came up for hearing, this Court has passed an

interim order and directed the respondents to allow the

petitioner to attend the 3rd year classes through on-line/off-

line until further orders. While being so, the petitioner was

not allowed to appear for the 3rd year BDS course examinations

to be held on December (i.e.,06.12.2021). Hence, this Writ

petition.

3.The learned counsel for the petitioner submitted that

during the pendency of this Writ petition, the exam was

conducted by the 3rd respondent and the petitioner has cleared

the balance two papers pertaining to the 2nd year BDS course and

the petitioner has no arrears in her course. Hence, he submitted

that, it would suffice, if this Court issues direction to the

3rd and 4th respondents to permit the petitioner to write the

3rd year examination of BDS course.

4.The learned counsel appearing for the respondent has no

serious objection for the prayer sought for by the petitioner

and he further submitted that the petitioner's representation

will be considered and appropriate orders will be passed within

the time stipulated by this Court.

5. Heard the arguments advanced on either side.

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6. Though relief of permitting the petitioner to write the

3^rd year BDS examination is sought for in