IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.09.2011 CORAM THE HONOURABLE MR. JUSTICE P. JYOTHIMANI W.P.No.13534 of 2011 C.Dinesh . . Petitioner Vs 1.The Tamil Nadu Dr.M.G.R. Medical University Rep. By its Registrar NO.69, Anna Salai Guindy, Chennai – 600 032. 2.The Controlelr of Examinations The Tamil Nadu Dr.M.G.R. Medical University No.69, Anna Salai Guindy, Chennai – 600 032. 3.Meical Council of India Rep. By its Chairman Sector 8, Dwaraka Phase I New Delhi – 110 077. 4.Director Directorate of Medical Education 162, EVR Periyar Salai Kilpauk Chennai – 600 010. . . Respondents This petition is filed under Article 226 of the Constitution of India to issue a writ of declaration declaring that the impugned guidelines viz. Guidelines for Clinical/VIVA VOCE Examination Final Year MBBS Course (Non-Semester) Part II examinations concerning the subject General Surgery introduced/ followed by the 1st respondent insofar as the same insisting minimum of 50% marks individually in the sub-branches viz. Practical for General Surgery and Orthopedic as https://hcservices.ecourts.gov.in/hcservices/ contrary to Regulation 12(4) of the Medical Council of India Regulations on Graduate Medical Education 1997 and declare the same as illegal and unconstitutional and consequently direct the respondents 1 and 2 to declare the petitioner having Register No.52063132 as Pass in the University Examination in the Clinical/Practical of the Paper General Surgery and consequently direct the 1st respondent to grant 1 grace mark in the Theory paper of General Surgery as per regulations 13 (10) of the Medical Council of Inida Regulations on Graduate Medical Education 1997 in the final year MBBS Course 2010-11 as requested in the representation dated 08.4.2011 submitted by the petitioner to the 1st respondent. For Petitioner : Mr.S.Thanga Sivan For Respondents : MrSrinivasan for R-1 & R-2 Mr.V.P.Raman – for R-3 Mr.P.Sanjay Gandhi, AGP for R-4 ORDER The learned counsel for the petitioner seeks permission of this court to withdraw the writ petition as infructuous, since the petitioner has subsequently passed in the examination and he has also made an endorsement to that effect. 2. In view of the submission made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous. No costs. Sd/ Asst. Registrar /True Copy/ Sub Asst.Registrar rj https://hcservices.ecourts.gov.in/hcservices/ To 1.The Registrar Tamil Nadu Dr.M.G.R. Medical University NO.69, Anna Salai Guindy, Chennai – 600 032. 2.The Controlelr of Examinations The Tamil Nadu Dr.M.G.R. Medical University No.69, Anna Salai Guindy, Chennai – 600 032. 3.The Chairman Meical Council of India Sector 8, Dwaraka Phase I New Delhi – 110 077. 4.The Director Directorate of Medical Education 162, EVR Periyar Salai Kilpauk Chennai – 600 010. +1CC to Government Pleader SR.61700 +1 CC to Mr.V.P.Raman Advocate SR 61624 W.P.No.13534 of 2011 KV (CO) KS (09/11/2011) https://hcservices.ecourts.gov.in/hcservices/