M.Uthayanilavan v. The Tamil Nadu Dr.Mgr Medical University
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.04.2019
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.1340 of 2019 and W.M.P.No.1499 of 2019 M.Uthayanilavan .. Petitioner Vs.
1.The Tamil Nadu Dr.M.G.R. Medical University, Rep by the Registrar, 69, Anna Salai, Guindy, Chennai - 32.
2.Head of the Department, Department of Medical & Curriculum Development, 69, Anna Salai, Guindy, Chennai - 32.
3.Cancer Institute (WIA), Adyar, Chennai - 600 020.
.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondents relating to the impugned order letter in Ref.No.DME&CD II(1)/55586/2018 dated 07.08.2018 of 2nd respondent and quash the same and consequentially directing the respondents 1 & 2 to issue the eligibility certificate without imposing condition No.ii) candidate should have passed 10+2 with physics, chemistry and Biology for lateral entry admission in second year B.Sc. in OT & AT in 3rd respondent institution.
For Petitioner : Mr.R.Kannan For R1 : Mr.D.Ravichander For R2 : Mr.N.Inbanathan Additional Government Pleader
O R D E R
The writ petition has been filed challenging the impugned order of the second respondent in Ref.No.DME&CD II(1)/55586/2018 dated 07.08.2018 and consequentially directing the respondents 1 & 2 to issue the eligibility certificate without imposing the condition that a candidate should have passed 10+2 with physics, chemistry and Biology for lateral entry admission in second year B.Sc. in OT & AT in the third respondent institution.
2. Heard both sides.
3. Earlier, this Court had passed an order dated 24.04.2019 directing the first respondent to get instructions from the University as to whether the petitioner can be allowed to take up the lateral entry into Allied Health Science Courses, as a special case, since the petitioner had completed his diploma from the very same University and he is also stated to be employed in the University.
4. Upon instructions, the learned counsel appearing for the University states that this is only as a special case, the University is willing to admit the petitioner and it cannot be used as a precedent in any other case.
5. As the resolution of the University itself is only subsequent to the completion of the diploma course by the petitioner, the petitioner is permitted to join in the second year B.Sc. Degree Course in OT & AT (Operation Theatre and Anaesthesia Technology) under lateral entry, for the academic year 2019-20 in the third respondent institution.
6. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar rsi
To 1.The Registrar, Tamil Nadu Dr.M.G.R. Medical University, 69, Anna Salai, Guindy, Chennai - 32.
2.Head of the Department, Department of Medical & Curriculum Development, 69, Anna Salai, Guindy, Chennai - 32.
3.Cancer Institute (WIA), Adyar, Chennai - 600 020.
+1cc to Mr.R.Kannan, Advocate SR.No.39783 +1cc to Mr.D.Ravichandrer, Advocate SR.No.41620 W.P.No.1340 of 2019 and W.M.P.No.1499 of 2019 JP(CO) GMY(30/04/2019)