A writ petition challenging the rejection of a petitioner's application for a post-graduation course due to delayed internship completion caused by exam postponement during the pandemic. The court noted it could not put the clock backwards and dismissed the petition.
Writ petition for certiorari and quashing order was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P. No.9806 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2023
CORAM: JUSTICE N.SESHASAYEE
W.P. No.9806 of 2023 and W.M.P. Nos.9891 & 9892 of 2023
Dr.Asir Rajan David
... Petitioner
Vs.
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 Selection Committee Directorate of Indian Medicine and Homoeopathy Department Chennai - 600 106
4.The Principal White Memorial Homoeopathy Medical College Kanyakumari ... Respondents
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.9806 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 his BHMS and completed his 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, he 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 he passes out his final year exam successfully. Accordingly, he commenced his intern-ship with the fourth respondent on 13.01.2022 and completed it on 12.01.2023.
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W.P. No.9806 of 2023
and perused the materials available in the form of typed set of papers.
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W.P. No.9806 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
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W.P. No.9806 of 2023
2.The Registrar Tamil Nadu Homoeopathic Medical Council Chennai - 600 106
3.The Secretary Selection Committee Directorate of Indian Medicine and Homoeopathy Department Chennai - 600 106
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W.P. No.9806 of 2023
N.SESHASAYEE, J.,
Asr
W.P. No.9806 of 2023 and W.M.P. Nos.9891 & 9892 of 2023
04.07.2023
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2 issues framed by the court
Whether this court can grant reliefs to a petitioner whose eligibility for a post-graduation course was rejected due to non-compliance of the internship completion cut-off date.
Whether the court can aid by putting the clock backwards regarding the commencement of the mandatory internship due to exam delays.
1 provisions across 1 enactments
Dr. Asir Rajan David
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
