Devashish Robinson Tigga vs. Ranchi University, Ranchi

SLP 23189/15

ITEM NO.59 COURT NO.2 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No.23189/2015

(Arising out of impugned final judgment and order dated 14/01/2015 in LPA No. 304/2014 passed by the High Court of Jharkhand at Ranchi)

DEVASHISH ROBINSON TIGGA Petitioner(s)

VERSUS

RANCHI UNIVERSITY, RANCHI & ORS. Respondent(s)

(With appln. (s) for directions and permission to bring additional documents and permission to file counter affidavit)

Date : 31/03/2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR

For Petitioner(s) Mr. Manoj Tandon, Adv. Mr. Mohit Kumar Shah, AOR Ms. Shilpi Shah, Adv.

For Respondent(s)

Mr. Gopal Prasad, AOR

UPON hearing the counsel the Court made the following O R D E R

The petitioner being grieved by the judgment and order dated 14th January, 2015 in L.P.A. No.304 of 2014, passed by the High Court of Jharkhand at Ranchi, has approached this Court for setting aside the same.

The issue relates to grant of grace marks in practical examination of the Anatomy subject. The learned Single Judge had allowed the writ petition and the Division Bench has unsettled the judgment and order passed by the learned Single Judge.

When the matter travelled to this Court on 3 rd August, 2015, this Court passed the following order:-

"The impugned order of the High Court is stayed to the extent that the petitioner shall be allowed to appear in the third year examination, but the result shall be subject to final decision of this special leave petition."

We have been apprised by the learned counsel for the petitioner that he has already appeared in all the examinations, including the final M.B.B.S. examination, but the result has not yet been published because of pendency of the special leave petition.

In view of the aforesaid and regard being had to the special features of the case, we think it would be appropriate to confer the benefit of grace marks in the practical examination also. The benefit of three grace marks in the practical examination be extended to the petitioner and the results be published within four weeks hence. If the petitioner is declared to have passed the examination, he will be allowed for internship. We hereby reiterate that our direction has to be treated as a direction under Article 142 of the Constitution.

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The special leave petition is, accordingly, disposed of.

(Chetan Kumar) Court Master

(Madhu Narula) Court Master