1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Appeal(MD)No.26 of 2011 and M.P.(MD)No.1 of 2011 in WP(MD)No.759 of 2009 Dr.A.Bladbin : Appellant/Petitioner Vs. 1.Dr.M.G.R.Medical University, Rep.by its Registrar, Guindy, Chennai-600 032. 2.The Vice-Chancellor, Tamil Nadu Dr.M.G.R.Medical University, Chennai-600 032. 3.The Chairman, Raja's Dental College, Vadakangulam, Kavalkinaru-627 105, Tirunelveli District. :Respondents/Respondents 4.Dr.Dhilip Samji : Respondent-4 (R-4 impleaded as per order dated 20.01.2011, made in MP(MD)No.2/2011) PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order of the learned Single Judge, dated 03.09.2010, made in W.P.(MD).No.759 of 2009. Prayer in WP(MD)No.759 of 2009 :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent University to assign registration number to the petitioner, to evaluate the thesis of the petitioner n Oral Sub Mucos Fibrosis, to permit the petitioner to participate in the final year examination of MDS Course for the year 2008-2009. For Appellant : Mr.Isaac Mohanlal for Mr.F.Deepak For Respondents-1&2 : Mr.C.Karthik For Respondent-3 : Mr.G.Manivannan For Respondent-4 : Mrs.N.Krishnaveni https://hcservices.ecourts.gov.in/hcservices/ 2 JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR,J] The writ appeal is filed against the order passed by the learned Single Judge in W.P.(MD)No.759 of 2009, dated 03.09.2010. The grievance of the appellant is that he was admitted in the MDS Course in the 3rd respondent College on 31.05.2006. According to the University, two other persons were also admitted for the one seat in the subject "Oral Sub Mucos Fibrosis". Since there were rival claims, the University refused to approve the admission of all the three candidates. The appellant as well as one Dr. Dhilip Samji filed Writ Petitions before this Court in W.P.(MD)Nos.759/2009 and 8922/2008, respectively. 2.Both the writ petitions were heard together by the learned Single Judge and they were dismissed by the learned Single Judge by a common order dated 03.09.2010. Challenging the said common order, Dr.Dhilip Samji filed W.A.(MD)No.176 of 2011 and the appellant filed the present Writ Appeal (MD) No.26 of 2011. Since Dr.Dhilip Samji, the appellant in W.A.(MD)No.176/2011, compromised with the management, the said writ appeal was disposed of in terms of compromise by the judgment of this Court, dated 23.02.2011. 3.Today, the appellant has filed an affidavit and paragraphs 6 and 7 of the said affidavit read as follows: "6.As a result, now I am the only candidate who has undergone the course against the sanctioned seat in the college. The college has been maintaining the Attendance Register evidencing my attendance ever since my admission on 31.05.2006. The college has also submitted the proposal to the University for registration of my admission along with the necessary documents. As said above, I have completed the 3 years course with sufficient attendance, presented 61 seminars and journals, and submitted the research thesis and taken the University examinations (both theory & Practical). However the University did not release my result in view of the Order of the Hon'ble Single Judge dismissing the Writ Petition. 7.I humbly submit that in view of the change in the factual situation, I humbly submit that I am the only candidate to be considered against the sanctioned seat and I deserve to be considered by the University for registration of admission and the publication of results after verifying the records relating to my attendance uninfluenced by the observations made by the Hon'ble Single Judge in the Common Order impugned in the present Appeal." 4.By stating the said facts in the above referred paragraphs of the affidavit filed by the appellant, learned counsel https://hcservices.ecourts.gov.in/hcservices/ 3 for the appellant prayed that the writ appeal may be disposed of in terms of the prayer made in paragraph No.7 of the affidavit. Learned counsel for the University submitted that the University may be permitted to verify the attendance particulars of the appellant and all other ledgers, among other things, and the University may also be given liberty to peruse the same and pass a fresh orders, in accordance with University Regulations. Learned counsel for the appellant has no objection for verification of attendance registers and other documents by the University and to pass orders afresh. Learned counsel for the 3rd respondent Management also submitted that all the relevant documents/registers will be produced before the University for its perusal and to arrive at a decision afresh. Learned counsel for the University submitted that some allegations are against the University and the same may be clarified. In this regard, learned counsel for the appellant as well as the Management submitted that allegations, if any made, may be treated as not pressed. The submission made by the learned counsel for the appellant as well as the College Management are recorded. 5.In the light of the factual aspects, we dispose of the writ appeal in terms of the affidavit filed by the appellant, particularly paragraphs 6 and 7, as extracted above. The University is directed to peruse the records and pass orders afresh within a period of two months from the date of receipt of a copy of this order. No costs. Connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Registrar, Dr.M.G.R.Medical University, Guindy, Chennai-600 032. 2.The Vice-Chancellor, Tamil Nadu Dr.M.G.R.Medical University, Chennai-600 032. +1cc to Mr.F.Deepak, Advocate SR.No.9992 +1cc to Mr.G.Manivannan, Advocate Sr.No.9821 +1cc to Mr.C.Karthick, Advocate Sr.No.9952 gb akm/01.03.11 /3p-6c/ JUDGMENT MADE IN W.A.(MD).No.26 of 2011 and M.P.(MD)No.1 of 2011 Dated:24.02.2011 https://hcservices.ecourts.gov.in/hcservices/