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Judgment
Challenging the correctness of the order dated 13.10.2017 made in W.P.Nos.21884, 21885, 21886, 22537, 26308, 21555, 27009 and
27010 of 2017 respectively, the Tamil Nadu Dr.MGR Medical University/first respondent in all the writ petitions, has preferred the above writ
appeals.
The above writ petitions viz., W.P.Nos.21884, 21885, 21886, 22537, 26308, 21555, 27009 and 27010 of 2017 have been filed by the
students, who underwent Post Graduate Degree courses in different locality and they have sought to re-evaluate their papers on the ground that
only two evaluations have been taken place and there is discrepancy in the norms fixed for re-valuating P.G. Medical papers by the Tamil Nadu
Dr.MGR Medical University. Accepting their contentions and also taking note of the fact that they have got admission in super speciality course,
the learned Single Judge has passed the following order:-
There shall a direction to the Tamil Nadu Dr.M.G.R. Medical University to send the original answer sheets of the concerned
petitioners without the coding sheets to the Pondicherry University and the Pondicherry University or appropriate authority shall name
the valuer, who shall make the valuation and conclude it on or before 22.10.2017.
As against the said order, the first respondent in the above writ petitions/the Tamil Nadu Dr.MGR Medical University has preferred the above writ
appeals.
Mr.Vijay Narayanan, learned Advocate General Assisted by Mr.D.Ravichander, learned counsel appearing for the Tamil Nadu Dr.MGR
Medical University has submitted that the learned Single Judge has directed that the 3rd and 4th evaluations has to be done by the Professors from
the Pondicherry University, however, none of them were in the approved list of the Tamil Nadu Dr.MGR Medical University and hence, there is an
impediment on the part of the Tamil Nadu Dr.MGR Medical University to comply with the order. Taking note of the fact that as per the M.C.A.
Regulations, 4 evaluations have to be taken in the marks awarded by the two evaluators are at variance, we are of the view that the direction
issued by the learned Single Judge in respect of 3rd and 4th evaluation, cannot be interfered with. However, taking note of the factual position as
submitted by the learned Advocate General that the Professors from the Pondicherry University are not empanelled in the Tamil Nadu Dr.MGR
Medical University, we are of the view that to an limited extent, viz., instead of Pondicherry University as directed by the learned Single Judge, the
order of the learned Single Judge shall stand modified as, any other University from the outside of the State of Tamil Nadu, who are empanelled in
the Tamil Nadu Dr.MGR Medical University, may be asked to evaluate the answer sheet of the writ petitioners.
Mr.S.Thangasivan, learned counsel appearing for the first respondent in W.A.Nos.1311 to 1315 of 2017 & W.A.Nos.1331 & 1332 of 2017
and Mr.M.Muthappan, learned counsel appearing for the first respondent in W.A.1330 of 2017 represented that the supplementary examination
has already been commenced and based upon the earlier declaration of fail granted to them, they are appearing for the papers and such
appearance would not be prejudiced in the event of the future result to be published after revaluation as stated supra in this judgment. Hence, it is
hereby made clear that either the students can take advantage of the result of the examination on revaluation or the result of the supplementary
examination which is more advantage to them.
It is undertaken by the learned Advocate General appearing on behalf of the Tamil Nadu Dr.MGR Medical University that within ten working
days from the date of receipt of a copy of this judgment, he will be able to get the things done. The same is hereby recorded.
All the Writ Appeals are allowed to the limited extent indicated above and the order of the learned Single Judge dated 13.10.2017 made in
W.P.Nos.21884, 21885, 21886, 22537, 26308, 21555, 27009 and 27010 of 2017 shall stand modified to the limited extent as indicated above.
The connected miscellaneous petitions are closed.