Breaking News Madras High Court allows MBBS student to appear for...

Madras High Court allows MBBS student to appear for exams despite attendance shortage due to asthma

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Chennai, Oct 12 (ILNS) The Madras High Court on Monday allowed a first-year MBBS student to appear for her examinations after she was denied a hall ticket due to lack of attendance caused by her persistent asthma.

A single-judge bench of Justice V.Parthiban noted, “no prejudice would be caused to the respondents; on the other hand, an irreparable injury would be caused to the petitioner’s interest, as she being a first-year student, her ambition to complete the course in time ought not to suffer from reasons beyond her control.”

The bench directed the dean (Academic), the director and the professor (Examinations), Examination Wing, Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER), Pondicherry to permit the petitioner to appear for the first year October 2021 examinations slated on October 12, 2021 or subsequent dates, pending disposal of the Writ Petition.

The Writ Petition was filed for issuance of a Writ of Certiorari filed Mandamus to call for the records on the file of the student on October 05, 2021, and to quash the same as illegal, incompetent and without jurisdiction and to further direct the JIPMER to enable the petitioner to apply and appear for the First Year MBBS October 2021 Examinations forthwith

The case of the petitioner is that she is a medical student pursuing MBBS Course in the JIPMER, Pondicherry. She is a First-Year student and completed it on September 11, 2021. The examinations were notified and scheduled to take place on October 12, 2021 However, she was informed by communication dated October 05, 2021, stating that she would not be eligible to participate in the examination(s), in view of the shortage of required attendance.

The petitioner has given elaborate reasons as to why she had to remain absent for some days due to persistent and chronic affliction of Asthma. The required attendance in both theory and practical examinations is 75% and in terms of the details given in the affidavit, she is marginally short of the required attendance.

The Court remarked, “without delving into the various aspects of the issue that may arise for consideration, vis-a-vis the petitioner and the respondents-University, is of the prima-facie view that interim order sought is to be considered favourably, pending disposal of the Writ Petition.”

Notice issued to the respondents and counsels for the petitioner was directed to take private notice to the respondents returnable by October 20, 2021./ILNS/KR/SNG/

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