Dr. Kalaivani Radhakrishnan v. The Secretary To Government

2024:MHC:2615

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH Dr.Kalaivani Radhakrishnan .... Petitioner Vs

1. The Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2. The Registrar, Tamil Nadu Medical Council, No.914, Poonamallee High Road, Amaravathi Nagar, Arumbakkam, Chennai - 600 106.

.... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to enroll the petitioner and issue Provisional Certificate/license to Medical practice to the petition.

For Petitioner : Mr.S.P.Sudalaiyandi For Respondents : Ms.R.Regamitha for Mr.U.Baranidharan Additional Government Pleader 1/4

O R D E R

The petitioner seeks a mandamus directing the second respondent, the Registrar, Tamil Nadu Medical Council to enrol the petitioner and issue provisional certificate/license to practice medicine.

2. A counter has been filed disputing the assertions in the writ affidavit. More importantly, the application of the petitioner has, in fact, come to be rejected as early as on 06.09.2021 by way of e-mail sent to drkalaivani2015@gmail.com.

3. The reason for rejection is as follows:

On verification of the passport, it is found that the candidate has not been in the country of study where the institution was located, for the required number of days. Hence the application is Rejected.

4. In light of the rejection, mandamus as sought for is not liable to be granted. Since the learned counsel is unable to report immediately as to whether the e-mail address to which the rejection order has been sent is correct, the petitioner is given the benefit of doubt and is permitted to challenge the rejection order within a period of 30 days from today, or not at all.

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5. This Writ Petition is dismissed with liberty. No costs. sl 05.07.2024 Index:Yes/No Speaking order:Yes To

1. The Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2. The Registrar, Tamil Nadu Medical Council, No.914, Poonamallee High Road, Amaravathi Nagar, Arumbakkam, Chennai - 600 106.

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Dr.ANITA SUMANTH,J.

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