The Hindu : Tamil Nadu News : MBBS student restrained from taking examination

Online edition of India's National Newspaper
Sunday, Aug 01, 2004

Tamil Nadu

Tamil Nadu

MBBS student restrained from taking examination

By Our Legal Correspondent

NEW DELHI, JULY 31. The Supreme Court by an interim order has restrained a student from taking the first year MBBS examination being conducted by the Tamil Nadu Dr. M.G.R. Medical University from Monday.

A Bench, comprising Justice Ruma Pal and Justice Arun Kumar, passed the order, staying the operation of a Madras High Court order rejecting the university's plea challenging the student's admission for 2002-03 on the ground that he was admitted after the cut-off date.

The student, K. Arivarasan, claimed admission to the first year course for 2002-03 based on revised marks issued to him in February 2003.

The State Government rejected his claim on the ground that the cut-off date was December 31, 2002.

On a writ petition challenging the Government's order, a single judge of the Madras High Court, by a July 8, 2003 order, directed the authorities to admit the student for the 2002-03 academic year and he was admitted on July 17, 2003.

A Division Bench dismissed a writ appeal by the University against this order on June 17, 2004, and the present special leave petition was directed against it.

High Court erred

The SLP stated the High Court had erred in directing the admission of the student after the cut-off date contrary to the apex court's decisions.

The court must have noted that on the date of admission he was not eligible and therefore not qualified to be admitted. While seeking to quash the impugned order, the SLP said since the respondent was not eligible he should not be allowed to take his first year examination on Monday.

The apex court Bench ordered notice to the student on the SLP.

Since his counsel took notice, two weeks were given to file a counter affidavit. In the meantime, the Bench said, there would be a stay of the operation of the order under challenge.

This would not entail the respondent attending the college as if he had been admitted for the academic session 2002-03.

However, the university might grant admission to the respondent for the academic session 2003-24, it said.

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