The Madurai Bench of the Madras High Court today directed Tamil Nadu Dr M G R Medical University to allow a BDS student to take her second year exams though she had not cleared her first year exams.
The University filed an appeal against the interim order by a single Judge on June 13, 2014, allowing the student P Priyanka Angeline to take her second year exams.
The single Judge had directed the University to receive the examination fees from the student for the second year BDS course and permit her to write the exam, subject to the outcome of the writ petitions relating to the matter, which is pending before the Court.
The University counsel submitted that the girl was not qualified to continue her second year BDS course as per the regulations for the degree of Bachelor of Dental Surgery, 2007, which stipulated that any candidate who failed in one subject in an examination was not permitted to go to the next higher class and appear for the subject and complete it successfully before he/she is permitted to appear for the next higher examination.
The counsel for the University relied upon several cases disposed of by the Supreme Court and High Courts and contended that the student ought not to be permitted to write the second year BDS course exam.
Justices M Jaichandren and R Mahadevan said that they were of the view the the facts and circumstances of this particular case should be taken into consideration.
"Further, the single Judge had only passed an interim order, permitting the girl to write the BDS course examinations, subject to the final orders to be passed in the writ petitions", the bench said, adding it finds no reasons to interfere with the order passed by the single Judge and dismissed the petition.
However, the Judges made it clear that it would be open to the University to raise all the grounds available to it at the time of the hearing of the writ petition which is pending before the single Judge.
