Dr.U.Aruna v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Dr.U.Aruna ...

Petitioner versus The Principal Secretary to Government, Health & Family Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai 9 ...

Respondent Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondent for the immediate constitution of the Search Committee to recommend a panel of three persons in consonance with the educational qualifications and work experience as notified in G.O.Ms.No.494, Health and Family Welfare (MCA-2) Department, dated 23.10.2018 published in Tamil Nadu Government gazette vide extraordinary gazette No.363 dated 23.10.2018, to the Chancellor for selection of Vice Chancellor to the Tamil Nadu Dr.MGR Medical University, Chennai in accordance with Section 10(1) of the Tamil Nadu Dr.MGR Medical University, Chennai Act, 1987 (Tamil Nadu Act No.37/1987).

For the Petitioner :

Mr.R.Ramachandran For the Respondent :

Mr.P.Shunmugasundaram, Advocate-General, assisted by Mrs.R.Anitha,

Special Government Pleader

ORDER

(Made by the Hon'ble Acting Chief Justice) Dr.U.Aruna, the petitioner herein, is a former student of DR.MGR Medical University. She has worked at Sree Balaji Dental College and Hospital, Chennai at various levels of faculty like Senior Lecturer, Reader, Associate Professor and Professor, during the period between April, 2007 and November, 2019. On coming to know that the post of Vice Chancellor in the Tamil Nadu Dr.MGR Medical University, Chennai, is lying vacant on account of retirement of Dr.Sudha Seshayyan, the petitioner has filed this writ petition for the issuance of writ of mandamus to direct the respondent for constitution of a Search Committee to recommend a panel of three persons, in consonance with the educational qualifications and work experience as notified in G.O.Ms.No.494, Health and Family Welfare (MCA-2) Department, dated 23.10.2018.

2. Mr.Shunmugasundaram, learned Advocate-General, appearing on behalf of the respondent, produced before us the Government Order in G.O.Ms.No.10, Health and Family Welfare (MCA-2) Department, dated 04.01.2023, and submitted that the prayer made by the petitioner has become

infructuous since Search Committee has already been constituted. The Search Committee consists of the following three persons: 1.Thiru.V.K.Subburaj, IAS (Retired) formerly Secretary to Government of India, 2.Dr.Vasanthi Vidyasagaran 3.Dr.K.Selvakumar

3. Since the prayer of the petitioner has already been considered by the respondent, nothing survives for adjudication in this writ petition. The writ petition is therefore dismissed as infructuous. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 06.01.2023 Index : Yes/No : Yes/No tar To The Principal Secretary to Government, Health & Family Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai 600 009

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 06.01.2023