S.Munusamy v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.1579 and 1581 of 2022 Mr.S.Munusamy ... Petitioner Vs.
1.
The Secretary, Tamilnadu Health and Family Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai.
2.
The Secretary, Medical Selection Committee, Directorate of Medical Education, No.162, Periyar-EVR High Road, Kilpauk, Chennai-600 010.
3.
The Secretary, National Medical Commission, Pocket-14, Section-8, Dwaraka Phase-1, New Delhi-110 077.
... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's application for admission to MBBS course for the academic year 2021-22 1/5
under Tamil Nadu Government School Students 7.5% category as per G.O.(Ms) No.438 dated 29.10.2020 according to the marks secured by the petitioner.
For Petitioner :
Mr.M.V.Seshachari For Respondent R1 and R2 :
Mr.C.Jayaprakash, Governemnt Advocate For Respondent R3 :
Mrs.Subarajani Anand
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 2nd respondent to consider the petitioner's application for admission to MBBS course.
2.The case of the petitioner is that he applied for admission to MBBS Course for the academic year 2021-2022. The 2nd respondent had issued ranking list on 24.01.2022 without including the name of the petitioner in the 7.5% reservation category meant for Tamil Nadu Government School Students. Thereafter, the petitioner made a representation dated 21.11.2021 to the 1st respondent, however, no orders have been passed on the said representation. Aggrieved by the same, the Writ Petition has been filed. 2/5
3. The learned counsel for the petitioner submitted that though the petitioner is entitled to get a seat under 7.5% reservation category for MBBS Course, but no orders have been passed on the petitioner's representation dated 21.11.2021 by the 1st respondent. Therefore, this Court may issue direction to the 1st respondent to consider the same and pass appropriate orders within a reasonable time period as fixed by this Court. 4.The learned Government Advocate submitted that the representation of the petitioner would be considered by the 1st respondent in line with the Act No.34 of 2020.
5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 21.11.2021 in terms of Act No.34 of 2020 and pass appropriate orders within a period of Six weeks from the date of receipt of a copy of this order.
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6. Accordingly, this Writ petition is disposed of. No Costs. Consequently, connected Miscellaneous Petitions are closed. 31.01.2022 anu Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.
The Secretary, Tamilnadu Health and Family Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai.
2.
The Secretary, Medical Selection Committee, Directorate of Medical Education, No.162, Periyar-EVR High Road, Kilpauk, Chennai-600 010.
3.
The Secretary, National Medical Commission, Pocket-14, Section-8, Dwaraka Phase-1, New Delhi-110 077.
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M.DHANDAPANI,J.
anu and W.M.P.Nos.1579 and 1581 of 2022 31.01.2022 5/5