IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:12.08.2009 CORAM; THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.1475 of 2009 and M.P.No.1 of 2009 Jimmy Thomas Paul ..Petitioner Vs. 1.The Management of Vinayaka Missions Kirupananda Variyar Medical College, Salem Admn.Office at: Sankari Main Road NH -47 Ariyanoor, Salem 636 308 2.The Registrar The Tamil Nadu Dr.MGR Medical University No.40, Anna Salai Guindy Chennai 600 032 3.The Secretary Medical Council of India'Iwan E-Galib Marg Kotla Road New Delhi ..Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the first respondent management to issue hall-ticket and to permit the petitioner to write his second year examinations, going to be commenced during the course of first week of February 2009 and to declare the examination result. (amended prayer as per order dated 12.8.2009 in M.P.No.2/2009 by PJMJ) for petitioner : Mr.K.V.Dhanapalan (for M/s T.Fenn Walter Associates) for respondents : M.Kempraj (for R1) Mrs.A.L.Gandhimathi (for MGR University) https://hcservices.ecourts.gov.in/hcservices/ Mr.V.P.Raman (for R3) ORDER Heard the learned counsel for the petitioner, the second University Counsel and also the Medical Council of India. 2. The writ petitioner who has joined the first respondent Medical College in the M.B.B.S.course in August 1997 has completed his first year course and thereafter while he has entered into the second year M.B.B.S.course, he was not permitted to sit for the examination. It was in these circumstances he filed the present writ petition for a direction against the first respondent management to permit him to write the second year examination which was going to be commenced in February 2009. As per the order of this Court the petitioner is stated to have written the second year examinations which was held in February 2009. However, as per the said order while permitting the petitioner to write the examination there was no direction to publish the results. The third respondent Medical Council of India in the counter affidavit has stated that the petitioner was eligible to write the second year examination which was conducted in February 2009 even though he was permitted to write the examination as per the order of the Court. In Para 24 of the counter affidavit it has been stated as under: "24. It is respectfully submitted that the prayer of the petitioner in the present writ petition is that the management should issue hall ticket and allow the petitioner to write his 2nd Professional Examination during the course of first week of February 2009. It is the case of the petitioner that he appeared in the second year examination held in August 2008 and out of four subjects he passed in one subject only and failed in three subjects and therefore, as the rules he has chance to appear in supplementary examination within six months and he was also allow to join the 3rd course in November 2008 and therefore, entitled to appear in the 2nd year Professional Examination to be commenced during the course of 1st week of Feb.2009". The Medical Council of India being the authority in this regard to decide about the eligibility of the candidate to write the examinations has taken a categorical stand the petitioner was entitled to write the 2nd year M.B.B.S.Course. 3. The Writ Petition is disposed of with a direction to the second respondent University to publish the results of the petitioner forthwith. https://hcservices.ecourts.gov.in/hcservices/ 4. It is made clear that in the event of the petitioner being declared as passed in the second year examination, he is otherwise eligible to appear for the third year examinations as per the University statute, the University may permit the petitioner to write the third year examinations. No costs. Consequently, M.P.No.1/2009 is disposed of. Sd/- Asst.Registrar /true copy/ Sub Asst.Registrar sal To 1.The Registrar The Tamil Nadu Dr.MGR Medical University No.40, Anna Salai Guindy Chennai 600 032 2.The Secretary Medical Council of India'Iwan E-Galib Marg Kotla Road New Delhi. +1 cc to M/s.T.Fenn Walter Associates, Advocate, SR.No.38224 +1 cc to Mr.V.P.Raman, Advocate, SR.No.38228 W.P.NO.1475/2009 MSM {CO} TP/12.8.2009. https://hcservices.ecourts.gov.in/hcservices/