M BALASUBRAMANIAM Vs. CONTROLLER OF EXAMINATIONS

JUDGEMENT

(1.) THE petitioners in W. P. No. 15351/2004, Fourteen in number and the petitioner in W. P. No. 15352/2004 are the final year students of MS Ophthalmology at Madras Medical College, Chennai and Stanley Medical College, Chennai. They took their final year theory examination between 17/03/2004 and 19/03/2004 and clinical examination between 26/04/2004 and 28/04/2004. While they were awaiting their results, they were shocked to know on 29/05/2004 that the Controller of Examinations, The Tamil Nadu Dr. M. G. R. Medical University, Chennai, the first respondent herein, had scheduled for re-examination of MS- Ophthalmology Clinical examination for the petitioners between 14/06/2004 and 16/06/2004.

(2.) ON enquiry, they came to know that one of the students had allegedly used undue influence on the examiners to secure a pass in the clinical examination, examination taken by all the petitioners have been cancelled. As the petitioners did not use any undue influence to pressurize the examiners to secure a pass in the examination, the decision of the Controller of Examinations had resulted in hardship to all the innocent students for the fault of one guilty student. Hence, they have questioned the order of the first respondent dated 27/05/2004 on the ground that it is arbitrary, unreasonable and violative of Article 14 of the Constitution of India.

(3.) I have heard Mr. S. Silambannan learned counsel appearing for the petitioners, Mr. R. Muthukumaraswamy, learned Additional Advocate General assisted by Mr. V. Karthikeyan, learned Additional Government Pleader for the respondents 2 and 3 and Mr. M. Vellaiswamy, learned counsel appearing for the first respondent.