Madras High Court
S.K.Raj Kumar vs The Director Of Medical Education on 12 May, 2022
W.A.No.1336 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.05.2022
CORAM :
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.1336 of 2022
and
C.M.P.No.8505 of 2022
S.K.Raj Kumar
S/o.V.Senthil Kumar ... Appellant
Vs.
1.The Director of Medical Education,
No.162, Kilpauk,
Poonamallee High Road,
Chennai – 600 010.
2.The Dean,
Government Dharmapuri Medical College,
Dharmapuri. ... Respondents
Prayer:
Writ appeal filed under Clause 15 of Letters Patent praying to set
aside the order dated 24.01.2022 made in W.P.No.534 of 2022 and to allow
the above writ appeal.
Page 1 of 6
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W.A.No.1336 of 2022
For Appellant : Mr.C.Prabakaran
For Respondents : Mr.D.Ravichandran
Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by G.R.SWAMINATHAN ,J.)
Heard the learned counsel appearing for the appellant and the learned
Special Government Pleader appearing for the respondents.
2. The petitioner was undergoing M.B.B.S course in the second
respondent College. He was accused of having committed the act of
ragging, therefore, punitive action was taken. Challenging the same, the
petitioner filed W.P.No.534 of 2022, and the said writ petition was
dismissed, vide order dated 24.01.2022. Aggrieved by the same, this appeal
has been filed. It has been brought to our notice that similarly placed
students filed W.P.No.3720 of 2022 and the same was disposed of on
14.03.2022 in the following terms:
''3. That apart, learned counsel for the petitioner,
Mr.Ravichander, learned Special Government Pleader and
Mr.Jayaprakash, learned Government Advocate fairly brings to the
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W.A.No.1336 of 2022
notice of the Court that the Notification issued by the National
Medical Commission dated 18.11.2021, at clause 24 dealing with
the Institutional Administrative and Penal Actions, sets out a slew
of punitive actions that may be imposed by the College, that read as
follows:~
-(5). The nature of punitive actions that may be decided shall
include the following, but shall not be limited to one or more of
these actions that may be imposed, as deemed fit, namely:~
(i) Suspension from attending classes and academic
privileges.
(ii) Withholding or withdrawing scholarship or fellowship
and other benefits.
(iii) Debarring from appearing in any test or examination or
other evaluation processes.
(iv) Withholding results.
(v) Debarring from attending conferences, and other
academic programmes.
(vi) Debarring from representing the institution in any
regional, national or international meet, tournament, youth festival,
etc.
(vii) Suspension or expulsion from the hostel.
(viii) Imposition of a fine ranging from twenty~five thousand
rupees to one lakh rupees.
(ix) Cancellation of admission.
(x) Rustication from the medical college or institution for a
period ranging from one to four semesters.
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W.A.No.1336 of 2022
(xi) Expulsion from the medical colleges or institutions and
consequent debarring from admission to any other institution for a
specific period.-
4. They would thus have no objection to the petitioners
making a representation before the college and, in such an event,
for the authorities considering the same and exercising discretion,
if they believe it is appropriate, for reduction of the punishment of
suspension to any other punishment that would not attract the rigor
of Rule 7. I concur with the suggestion made. The students are
permitted to make such representation/application and the
authorities are at discretion to consider the same on the merits.
5. If they believe that the punishment is to be reduced to any
other punishment barring suspension, let them do so, by way of a
speaking order passed in that regard. All safeguards shall be put in
place in the event that the college is inclined to adopt this course of
action including that, the students stay off campus and commute as
day scholars.
6. This order is passed solely with a view to ensure that there
is no disruption to the education of the students. Even assuming
that the college is inclined to accept the representations, if any,
filed, the criminal case will proceed as per Law and the only benefit
obtained by the students under this order is an exemption from the
rigor of Rule
7. This writ petition is disposed in the above terms.
Consequently, connected writ miscellaneous petitions are also
closed. There shall be no order as to costs.''
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W.A.No.1336 of 2022
3. The learned counsel appearing for the appellant wants this Court to
pass the very same directions.
4. We notice that the National Medical Commission Regulations were
not brought to the notice of the learned single Judge while passing the order
in the writ petition. Therefore, the impugned order is set aside and the Writ
Appeal is disposed of by permitting the appellant to make a representation
before the second respondent. The second respondent shall pass appropriate
orders thereon within a period of two weeks, after receipt of the
representation from the appellant.
5. The Writ Appeal is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
[G.R.S, J.] [S.K.R, J.]
12.05.2022
Note : Issue Order Copy on 16.05.2022
Index: Yes/No
Speaking/Non-speaking order
ms/mk
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W.A.No.1336 of 2022
G.R.SWAMINATHAN, J.
and
SENTHILKUMAR RAMAMOORTHY, J.
ms/mk
To
1.The Director of Medical Education,
No.162, Kilpauk,
Poonamallee High Road,
Chennai – 600 010.
2.The Dean,
Government Dharmapuri Medical College,
Dharmapuri.
W.A.No.1336 of 2022
and
C.M.P.No.8505 of 2022
12.05.2022
https://www.mhc.tn.gov.in/judis
