M VENKATESAN Vs. M G R MEDICAL UNIVERSITY

JUDGEMENT

(1.) THE petitioner, who, after completion of his Post Graduate degree in Medicine, has completed his M. Ch. (Paediatric Surgery) at the Institute of Child Health, Chennai, and having undergone the course between July 2006 and August, 2009 appeared for clinical examination on 10. 8. 2009 at the Institute of Child Health, Egmore, Chennai, filed the above writ petition for direction against the first respondent University, to appoint external examiners for conducting M. Ch. (Paediatric Surgery) clinical and practical examinations afresh by cancelling the examination held on 10. 8. 2009 in the Institute of Child Health, Egmore, Chennai.

(2.) AFTER filing of the writ petition, the second respondent Medical Council of India was impleaded as per the order of this Court dated 29. 9. 2009. Thereafter, the third respondent, another candidate who had undergone the said M. Ch. (Paediatric Surgery) course in the Institute of Child Health, Egmore, Chennai and who also participated in the clinical examination held on 10. 8. 2009, filed a petition to implead himself as a party and he has also been impleaded by order of this Court dated 15. 10. 2009.

(3.) IT is the case of the petitioner that as per the Post Graduate Medical Education Regulations,2000, out of minimum four examiners, two shall be the external examiners who are to be invited from recognized universities from outside the State and such external examiners must have minimum six years of experience as recognized Post-graduate Teachers. It is the case of the petitioner that after he took up the examination for which results were to be published on 9. 9. 2009, he came to know that Dr. V. Ravindran of Annamalai University was appointed as one of the external examiners, who is not qualified since he is not a person coming from outside the State. 3 (a ). That apart, it is the case of the petitioner that the Annamalai University is not a recognized University for M. Ch. (Paediatric Surgery) course and hence, the appointment of Dr. V. Ravindran is illegal and the examination conducted on 10. 8. 2009 for M. Ch. (Paediatric Surgery) is not valid. It is stated that the petitioner has written to the Vice Chancellor of the Tamil Nadu Dr. MGR University, who has expressed his inability to interfere. In these circumstances, the present writ petition has been filed mainly on the basis of the above said contention.