The Madras High Court has quashed a Tamil Nadu Dr. MGR Medical University order dated February 17 2012 in respect of three doctors and directed it to declare the three as passed in PG Medical Course 2012-2015.
The impugned regulation of the respondent University is not in consonance with clause 14 of the Medical council of India regulation on Post Graduate Medical Education 2000 amended upto 2010, said Justice M. Sathyanarayanan before whom the petitions filed by three doctors-- Dr. S.Sasi Kala Devi, Dr. S.K.Senthil Kumar and Dr. Aiswarya Durga Kamaraj, came up.
"..Further taking into consideration the fact that in subsequent academic year the University has scrupulously followed Medical Education 2000 amended upto 2010 and conducted examination, this court is of the considered view that the impugned regulation is liable to be quashed."
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The petitioner doctors who were declared as "failed" by the University in the final year examination held during April 2015, challenged the regulation which sought to compartmentalize the four papers in PG Course and insisted on individual pass in Paper-I in the first year as well as in papers II to IV in final year examination.
It was submitted by Counsel for petitioners Thanka Sivan that all universities are following the regulations of Medical Council of India and according to MCI the PG Medical Courses examinations shall be conducted only in the final year. But contrary to that the University has conducted the examinations in the first year itself .
Quashing the impugned order in respect of the three doctors who approached the court, the judge directed the university to declare that the doctors have passed as per the MCI regulations.
