1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos. 12944 to 12947 of 2011 B.Umamaheshwari ... Petitioner in W.P.No.12944 of 2011 S.J.Vishnu ... Petitioner in W.P.No.12945 of 2011 Jithu.C.T. ... Petitioner in W.P.No.12946 of 2011 Amal Mehabub ... Petitioner in W.P.No.12947 of 2011 Vs. The State of Tamilnadu, rep. by its Secretary to Government, Department of Health & Family Welfare, Fort.St.George, Chennai - 9. The Medical Council of India, rep. by its Chairman, Sector VIII, New Delhi. Tamilnadu Dr.M.G.R.Medical University, rep. by its Registrar, No.69, Anna Salai, Guindy, Chennai - 32. The Controller of Examination, Tamilnadu Dr.M.G.R.Medical University, No.69, Anna Salai,Guindy, Chennai -32. ... Respondents 1 to 4 in all W.P.s The Dean, Kanyakumari Government Medical College, Kanyakumari. ... Respondent No.5 in W.P.No.12944 of 2011 The Dean, Sree Mookambika Institute of Medical Sciences, Kanyakumari ... Respondent No. 5 in W.P.Nos.12945, 12946 and 12947 of 2011 Prayer: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the Notification in Rc.No.ACAD-1(3)/18100/10 dated 14.1.2011 issued by the third respondent and quash the same as illegal and consequentially to direct the fourth respondent to reassess the 1st year M.B.B.S. Examination results of the petitioner in respect of exams https://hcservices.ecourts.gov.in/hcservices/ 2 undertaken by the petitioner in August 2011 in conformity with the regulations of Graduate Medical Education 1997 as amended upto November 2010 framed by the Medical Council of India in exercise of power under Section 33 of the Indian Medical council Act, 1956 and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioners : Mr.M.Ajmal Khan For R1 and R5 : Mr.B.Pugalenthi Special Government Pleader For R3 and R4 : Mr.C.Karthik For R2 : Mr.Mahendran for Mr.Raman O R D E R When all these Writ Petitions were taken up for hearing, the learned Counsel appearing on both sides have produced a copy of the order dated 16.11.2011 passed by the Hon'ble First Bench of this Court in W.A.Nos.901 to 909 & Batch of Writ Petitions, wherein it has been observed as follows: "In any event, in view of the decision taken by the University on 08.11.2011, the said batch of writ petitions were permitted to be withdrawn by passing the following order:- When all these writ petitions were taken up for hearing, learned counsel appearing for the University, and the learned Advocate General, produced before us a resolution passed by the Special Governing Council of the Tamil Nadu Dr.M.G.R.Medical University in the meeting held on 8th November, 2011, in which it has been decided not to implement the changes in the evaluation pattern of First Year M.B.B.S. Course for the August 2011 examinations. This decision appears to have been taken on the basis of the instructions given by the State Government in their letter dated 04th November, 2011. Learned counsel appearing for the University fairly submitted that the First Year M.B.B.S. Students, who are the examinees of the August, 2011, will be governed by the MCI Regulations. 2. In the aforesaid premises, learned counsel appearing for the respective petitioners in all these writ petitions seek permission to withdraw the writ petitions. Accordingly, all the writ petitions are dismissed as withdrawn. It is made clear that on the basis of the guidelines issued by the University, those students, who were not allowed to attend the classes or their attendance has not been taken into consideration, shall be deemed to be in attendance/have attended the classes during that period. No costs. Consequently, connected https://hcservices.ecourts.gov.in/hcservices/ 3 miscellaneous petitions are closed. 2. Thereafter, while dealing with the merits of the matter it has been held as follows: "49. For all the above reasons, we hold that:- i) The impugned guidelines framed by the appellant University is inconsistent/repugnant to regulation 12(4) of the Medical Council of India Regulations on Graduate Medical Education, 1997, (as amended upto November 2010). ii) The action of the appellant University in introducing the impugned guidelines is discriminatory, arbitrary and violative of Article 14 of the Constitution of India. iii) The impugned guidelines has no nexus to the object of enhancing academic standards. 50. Accordingly, writ appeals are dismissed and the batch of writ petitions are allowed. There shall be no order as to costs. Consequently, all the connected miscellaneous petitions are closed." 3. In view of the above, all the Writ Petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To, 1.Secretary to Government, Department of Health & Family Welfare,Fort.St.George, Chennai - 9. 2.Chairman,The Medical Council of India,Sector VIII, New Delhi. 3.Registrar,Tamilnadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai - 32. 4.The Controller of Examination, Tamilnadu Dr.M.G.R.Medical University,No.69, AnnaSalai,Guindy, Chennai -32. https://hcservices.ecourts.gov.in/hcservices/ 4 5. The Dean, Kanyakumari Government Medical College,Kanyakumari. 6.The Dean, Sree Mookambika Institute of Medical Sciences,Kanyakumari. +One cc to The Spl Govt. Pleader, SR.No.39646 ses rl/8c – 3.1.2012 W.P.(MD)Nos. 12944 to 12947 of 2011 14.11.2011 https://hcservices.ecourts.gov.in/hcservices/