The petitioner, a homoeopathic student whose internship was delayed by the pandemic, challenged the rejection of her PG course application citing non-compliance with the internship cut-off date. The Court held it could not put the clock backwards and dismissed the writ petition.
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W.P. No.9794 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2023
CORAM: JUSTICE N.SESHASAYEE
W.P. No.9794 of 2023 and W.M.P. Nos.9880 & 9881 of 2023
Dr.Angela B.Williams
... Petitioner
Vs.
Tamil Nadu Dr.M.G.R. Medical University 69, Anna Salai, Guindy
Chennai - 600 032
Tamil Nadu Homoeopathic Medical Council Chennai - 600 106
3.The Secretary Selection Committee Directorate of Indian Medicine and Homoeopathy Department Chennai - 600 106
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a writ of certiorari calling for the records relating to proceeding No.7460/SC/2023 dated 21.02.2023 passed by the 3rd respondent and quash the same.
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W.P. No.9794 of 2023
For Petitioner : Mr.Sai Srujan Tayi For Respondents : Mr.G.Ameedius, Govt. Advocate for R3 Mr.P.Ebenezer Paul for R4 Mr.J.Saravanavel, Standing Counsel for R2 No Appearance for R1
O R D E R
The petitioner herein has done her BHMS and completed her course in December, 2021. It is a 5 ½ years course of which last one year is intended for mandatory intern-ship with a Medical College Hospital. The petitioner joined the course in 2016 in the 4th respondent college and in fitness of things, she should have completed the course by 4 ½ years in mid 2021. However, owing to Covid 19, the exams for the final year got delayed and it was held in September 2021. The results were published on 23.12.2021. In terms of the norms, the petitioner is required to go for a mandatory one year intern-ship with the fourth respondent but, only upon she passes out her final year exam successfully. Accordingly, she commenced her intern-ship with the fourth respondent on 13.01.2022 and completed it on 12.01.2023.
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W.P. No.9794 of 2023
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W.P. No.9794 of 2023
04.07.2023
Asr Index : Yes/No Speaking/Non-speaking Order
To
1.The Registrar Tamil Nadu Dr.M.G.R. Medical University 69, Anna Salai, Guindy Chennai - 600 032
2.The Registrar Tamil Nadu Homoeopathic Medical Council Chennai - 600 106
3.The Secretary
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W.P. No.9794 of 2023
Selection Committee Directorate of Indian Medicine and Homoeopathy Department Chennai - 600 106
4.The Government Pleader, High Court, Madras
N.SESHASAYEE, J.,
Asr
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W.P. No.9794 of 2023
W.P. No.9794 of 2023 and W.M.P. Nos.9880 & 9881 of 2023
04.07.2023
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2 issues framed by the court
Whether the High Court can grant a writ of certiorari to quash the rejection of the petitioner's Post Graduation course application due to delay in internship completion caused by the pandemic.
Whether the court can aid the petitioner by putting the clock backwards to allow her to apply for the PG course for the relevant academic year.
Dr. Angela B. Williams
The Registrar, Tamil Nadu Dr. M.G.R. Medical University
The Registrar, Tamil Nadu Homoeopathic Medical Council
The Secretary Selection Committee Directorate of Indian Medicine and Homoeopathy Department
The Principal White Memorial Homoeopathy Medical College Kanyakumari
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
