G FIBI Vs. SECRETARY TO GOVERNMENT AND OTHERS

JUDGEMENT

(1.) By way of filing this writ petition under Article 226 of the Constitution of India, the petitioner seeks for a direction to the respondents 1 to 4 to revalue her answer sheet relating to clinical examination i.e. paper IV Special Medicine, namely, Sirappu Maruthuvam including Yoga and Varma in 3rd professional examination, held on 10.03.2015 at A.T.S.V.S. Siddha Medical College, Munchirai, Kanyakumari District.

(2.) Learned counsel appearing for the petitioner submitted that the petitioner joined the Bachelor of Siddha Medicine and Surgery (B.S.M.S.) Course in a college affiliated to the third respondent University in the year 2009. Duration of the said Course is 5 + years including one year of compulsory Rotatory Resident Internship (House Surgeon) and the said Course is conducted in three professionals and duration of each professional course is 18 months. Whileso, the petitioner appeared for the first professional examination in February, 2012 and obtained 81.7% of marks in aggregate and in the second professional examination held in the month of August, 2013, the petitioner secured 75% of marks in aggregate. Thus, he pleaded, the performance of the petitioner right from the beginning of the course was consistently excellent, besides obtaining first mark of the said College.

(3.) It is further contended that the fifth respondent / Dr.R.Iyankannu, Reader, A.T.S.V.S.Siddha Medical College, Kanyakumari, took classes for the Special Medicine paper "Sirappu Maruthuvam including Yoga and Varma", one of the papers for the third professional examinations. In order to publish the books, the fifth respondent asked the petitioner to prepare notes, whereby, the petitioner wrote 15 pages, however, even after submitting 15 pages, fifth respondent again continued to press the petitioner to write more and more notes for his book. However, the petitioner refused to do so, hence, the fifth respondent developed grudge against her. Whileso, the petitioner appeared for the third professional examination in February, 2015 and wrote all the six papers including practical and clinical examination. While she was waiting for publication of results of the third professional examination, to her shock and surprise, it is found that she has failed in clinical examination of special medicine paper, namely, Sirappu Maruthuvam including Yoga and Varma and thus, again, she was asked to appear for the said paper as arrear to obtain the degree. While contending so, learned counsel has also brought to the notice of this Court the marks obtained by the petitioner in the third professional examination as stated below: <FRM>JUDGEMENT_291_LAWS(MAD)1_2016.html</FRM>