IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28-11-2017 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.Nos.27743 & 27744 of 2017 and WMP.Nos.29710 & 29711 of 2017 W.P.No.27743 of 2017 Dr.Jintu Philip D/o.C.K.Philip ... Petitioner Vs
1. The Government of India, Ministry of Health & Family Welfare, Rep.by Director General of Health Services, Room No.446-A, Nirman Bhawan, Maulana Azad Road, New Delhi – 110 108.
2. The State of Tamil Nadu, Rep.by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai – 600 009.
3. The Director of Medical Education, Kilpauk, Chennai – 600 010.
4. The Selection Committee, The Directorate of Medical Education, Kilpauk, Chennai – 600 010.
5. The Dean, Government Stanley Medical College, 305, OSH Road, Royapuram, Chennai – 600 001.
6. The Registrar, Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai – 600 032.
7. The Medical Council of India Pocket – 14, Sector – 8 Dwarka Phase – 1 New Delhi – 110 077. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of mandamus to direct the respondents to publish the result of the petitioner (Register No.341525051) in respect of final examination for P.G.Diploma in Dermatology, Venereology and Leprosy course conducted in the month of may 2017 with consequential benefits to register the qualification of P.G.Diploma in Dermatology, Venereology and Leprosy (DDVL) in Medical Council, within a time frame.
For Petitioner : Mr.G.Sankaran For Respondents : Mrs.Sunitha Kumari C.G.S.C., for R1 Mr.T.M.Pappiah, Spl.G.P., for R2 to R5 Mr.P.R.Gopinathan Standing counsel, for R6 Mr.V.P.Raman Standing counsel, for R7 W.P.Nos.27744 of 2017 Dr.D.Rajesh S/o.Duraiswamy ... Petitioner Vs
1. The State of Tamil Nadu, Rep.by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai – 600 009.
2. The Director of Medical Education, Kilpauk, Chennai – 600 010.
3. The Selection Committee, The Directorate of Medical Education, Kilpauk, Chennai – 600 010.
4. The Dean, Government Stanley Medical College, 305, OSH Road, Royapuram, Chennai – 600 001.
5. The Registrar, Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai – 600 032.
6. The Medical Council of India, Pocket – 14, Sector – 8, Dwarka Phase – 1, New Delhi – 110 077. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of mandamus to direct the respondents to publish the results of the petitioner (Register No.341525052) in respect of final examination for P.G.Diploma in Dermatology, Venereology and Leprosy course conducted in the month of May 2017 with consequential benefits to register the qualification of P.G.Diploma in Dermatology, Venereology and Leprosy (DDVL) in Medical Council, within a time frame.
For Petitioner : Mr.G.Sankaran For Respondents : Mr.T.M.Pappiah, Spl.G.P., for R1 to R4 Mr.P.R.Gopinathan Standing counsel, for R5 Mr.V.P.Raman Standing counsel, for R6 C O M M O N O R D E R The petitioners completed MBBS course in the year 2013 and appeared for AIPGMEE 2015 seeking admission in PG Degree/PG Diploma courses 2015. In the said examination, Dr.Jintu Philip [petitioner in W.P.No.27743 of 2017] secured 1163.7766 marks having All India rank of 4284 and Dr.D.Rajesh [petitioner in W.P.No.27744 of 2017] obtained 48.76 marks and became eligible for admission to PG Degree/Diploma course under the state service category, since Dr.D.Rajesh is in State Government Service.
2. Though, Dr.Jintu Philip joined PG Diploma in Gynaecology and Obstetrics (DGO) in Government Medical College, Kottayam, during the second counseling she was granted admission in PG Diploma in DDVL in Stanley Medical College, Chennai and she joined DDVL course on 22.04.2015. Similarly, Dr.D.Rajesh was granted admission in PG Diploma in DDVL in Stanley Medical College, Chennai and he joined the course on 08.06.2015.
3. Thereafter, Medical Council of India inspected the college and duly noted the petitioners as junior resident while undergoing studies in the college. Apart from the petitioners, four more students are undergoing M.D.,(DVL) course in the Stanley Medical College which was also duly verified by Medical Council of India inspection team. While so, the petitioners wrote final year examination and results were published on 29.06.2017. However, the results of the petitioners were withheld by Tamil Nadu Dr.M.G.R.Medical University, without assigning any reason.
4. It is pertinent to note that till the academic year 2015-2016, admissions were made in PG Diploma in DDVL and MDS course in the 4th respondent college and only from the year 2016-2017 the course has been stopped. Whereas the petitioners were admitted during the academic year 2015-2016. Dr.Jintu Philip was alloted All India quota seat and Dr.Rajesh was alloted State quota seat. When such is the position, the petitioners have come before this court seeking Writ of Mandamus directing the respondents to publish the results of the petitioners in respect of the final examination for Diploma in Dermatology, Venereology and Leprosy conducted in the month of May, 2017 with consequential benefits to the register the qualification of the PG Diploma in Medical Council.
5. Heard, Mr.G.Sankaran, learned counsel appearing for the petitioners. Ms.Sunitha Kumari, learned Central Government Standing Counsel appearing for the Central Government, Mr.T.M.Pappiah, learned Special Government Pleader appearing on behalf of the State Government, Mr.P.R.Gopinathan, learned Standing counsel for Tamil Nadu Dr.M.G.R.Medical University and Mr.V.P.Raman, learned Standing counsel for Medical Council of India.
6. When the matter was called today, Mr.V.P.Raman, learned Standing counsel for the Medical Council of India produced a communication, dated 25.10.2017 addressed to the Principal, Stanley Medical College informing the Stanley Medical College that the discharge notice issued by the Council vide letter dated 09.05.2017 in respect of Dr.D.Rajesh and Dr.Jintu Philip who have been admitted in DDVL course in the academic year 2015-2016 is hereby withdrawn. The relevant portion of the letter dated 25.10.2017 is extracted as follows:
I am directed to inform that the matter with regard to admission of PG students at Stanley Medical College,
Chennai for the Academic Year 2015-16 was considered by the Monitoring Sub-committee at its meeting held on
29/08/2017 and the Committee decided as under:-
“The Monitoring Sub-Committee observed that the clarification given by the institution that the candidate Dr.Jintu Philip & Dr.D.Rajesh have completed their diploma course and after that the college has not admitted from the academic year 2016-17. The institution is requested for one time ratification. Hence, the committee decided to refer the matter to PG committee”.
The Postgraduate Committee at its meeting held on 07.09.2017 considered the minutes of the Monitoring Sub- Committee dated 29/08/2017 and the committee decided that the request of the college authorities approved as one time exception. No further admissions be made in the course approved.
In view of above, the discharge notice issued by the Council vide its letter dated 09.05.2017 in respect of Dr.Rajesh D & Dr.Jintu Philip who have been admitted in DDVL course in the academic year 2015-16 is hereby withdrawn. It is further directed that no further admission should be made in DDVL course at the college.
From the above it is clear the Medical Council of India has taken a decision to withdraw the discharge order thereby enabling petitioners to know about their PG results.
7. When the matter was moved on 30th October, this court directed the Tamil Nadu Dr.M.G.R Medical University to declare the result and accordingly results were published on the same date and the both petitioners had successfully completed the course by passing the examination.
8. In view of the above,
1. The Dean, Government Stanley Medical College is directed to forward all the details of the petitioners to Tamil Nadu Dr.M.G.R Medical University, so far as to confer the degree on the petitioners within two weeks from the date of receipt of a copy of this order.
2. On receipt of such proposal from the Dean, Government Stanley Medical College, the Tamil Nadu Dr.M.G.R Medical University shall initially provide provisional certificate within two weeks from the date of receipt of a copy of this order and thereafter confer the degree on the petitioners in the ensuing convocation.
9. In fine, the Writ Petitions are allowed with the above directions.
Consequently, Connected Miscellaneous Petitions are closed. No costs. “For Reporting Compliance” call on first week of January 2018.
28.11.2017
tkp/pgp Note : Issue order copy on 11-12-2017.
To
1. Director General of Health Services, Ministry of Health & Family Welfare, The Government of India, Room No.446-A, Nirman Bhawan, Maulana Azad Road, New Delhi – 110 108.
2. Principal Secretary to Government, Health and Family Welfare Department, The State of Tamil Nadu, Secretariat, Fort St.George, Chennai – 600 009.
3. The Director of Medical Education, Kilpauk, Chennai – 600 010.
4. The Selection Committee, The Directorate of Medical Education, Kilpauk, Chennai – 600 010.
5. The Dean, Government Stanley Medical College, 305, OSH Road, Royapuram, Chennai – 600 001.
6. The Registrar, Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai – 600 032.
7. The Medical Council of India Pocket – 14, Sector – 8 Dwarka Phase – 1 New Delhi – 110 077.
N.KIRUBAKARAN, J tkp/pgp W.P.Nos.27743 & 27744 of 2017 Dated : 28.11.2017