LAWS(MAD)-2012-8-317

RAMESH BABU Vs. CONTROLLER OF EXAMINATION, TAMIL NADU

Decided On August 30, 2012
RAMESH BABU Appellant
V/S
Controller Of Examination, Tamil Nadu Respondents

JUDGEMENT

(1.) AN in-service M.B.B.S. Doctor has applied for admission to Post Graduate Diploma in Anesthesia (DA) for the academic year 2007-2008. He has been admitted to Thanjavur Medical College, Thanjavur. According to the petitioner, he has been regular in attending the classes. However, owever, due to illness, for some period, he did not attend the classes, for which he has produced medical certificate to the Head of the Department. The petitioner has further submitted that due to some internal departmental problems between the Heads of the Departments, the Medical Certificate produced by him was wantonly not produced by the Head of the Department (Anesthesia) Mr. Dr. Muthukumaran to the college office. Practical examinations was due to commence on 16.03.2009. ON 13.03.2009, hall tickets were issued to the candidates. To his shock, the petitioner was not issued with any hall ticket. Therefore, he was constrained to approach this Court for a Mandamus, directing the respondents to allow the petitioner to complete the Post graduate Diploma (Anesthesia). On 14.04.2009, when the matter came up for hearing, this Court directed the respondents namely, the Controller of Examinations, Tamil Nadu Dr. MGR Medical University, Chennai, the Dean, Thanjavur Medical College, Thanjavur to permit the petitioner to take up the examination commencing from 16.03.2009 and further directed the results need not be published. Unfortunately, the Writ Petition has been listed after a period of 3 years and 5 months for final disposal. The interim direction has been granted by me on 14.2.2009, and that the petitioner ought to have taken effective steps to expedite the disposal.

(2.) A counter affidavit has been filed by the Dean, Thanjavur Medical College, Thanjavur to the effect that the petitioner did not possess sufficient attendance as prescribed by Tamil nadu Dr. MGR Medical University, Chennai and that therefore he was not issued with hall ticket to write the exam scheduled in March 2009. According to him, as per the rules of the University, the student should possess a minimum of 80% of attendance, whereas, the petitioner had only 60% of attendance. He also submitted that the petitioner did not produce any medical certificate, for the period of absence. The Dean, Thanjavur Medical College, Thanjavur has further submitted that merely because, salary for the entire course had been paid to the petitioner, that does not mean that he had attended all the classes. According to him, the petitioner is not entitled to the relief sought for in the Writ Petition.

(3.) WHEN the matter came up for hearing, an additional typed-set of papers has been filed on behalf of the petitioner. Inviting the attention of this Court to the contents thereof, Mr. Karunanithi, learned counsel for the petitioner, submitted that being aggrieved by the irregularities committed by the then Head of the Department (Anesthesia), Mr. Dr. Muthukumaran, in the attendance registers, done with a malafide intention, to prevent the petitioner from taking up the final examination, a complaint was lodged with the Inspector of Police, Thanjavur Medical College Police Station, Thanjavur. Finding prima facie, it was taken up on record in Crime No.311/09, under Sections 465, 466 and 167 r/w 34 of IPC. He further submitted that lateron, the crime registered was transferred to District Crime Branch, Thanjavur. Inviting the attention of this Court to the details of investigation conducted by the District Crime Branch, Thanjavur, statements recorded from various persons, including the Dean of Thanjavur Medical College, Thanjavur, learned counsel for the petitioner submitted that though Dr. R. Thenmozhi, Chief Doctor, Anesthesia Department, Thanjavur Medical College, Thanjavur was examined as one of the witnesses under Section 161(3) of Cr.P.C., having regard to the irregularities committed by the Chief Doctor, in the records, the said Doctor has also been implicated, as an accused and that a final report has been submitted by the Inspector of Police, District Crime Branch, Thanjavur, to the learned Judicial Magistrate No.II, Thanjavur. He took this Court through the statements of the Dean, Thanjavur Medical College, Thanjavur and others.