HARIKUMAR GANESAN PILLAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ appeal has been filed against the judgment dated 18/09/2014 passed by the learned Single Judge by which the writ petition filed by the appellant has been dismissed.

(2.) The appellant had passed Diplomate of National Board Examination in the discipline of Orthopaedics in June 2010. In connection with a joint convocation which was scheduled to take place on 01/02/2012, a list of gold medalists was published. Petitioner was also communicated that he has been chosen for the award of gold medal in the discipline of Orthopaedics. But, after four days, by another communication, he was informed that he was not selected for the award of gold medal in the speciality of Orthopaedics for the session 2010. The reason given for the change was that the petitioner had passed the theory examination only in the 4th attempt and practical examination in the first attempt. This, according to the respondent, was not in conformity with the criteria for awarding the gold medal as per the guidelines in force. Challenging the said communication, petitioner had filed W.P.C. No. 1735/2012, which has been dismissed. From the facts which have been brought on record, it is clear that the examination was held in June 2010 and the convocation for award of gold medal was held on 01/02/2012. Guidelines which have been applied to the petitioner, according to the petitioner's own case, are the guidelines dated 15/12/2011. The submission which has been pressed by the learned counsel for the petitioner is that the examination, having been held in June 2010, the guidelines dated 15/12/2011 requiring passing of theory examination in the first attempt to become eligible for gold medal, shall not be applicable with regard to the petitioner. He submits that since there was no such criteria at the time when the examination was conducted, the guidelines issued on 15/12/2011 is not applicable to him.