The Secretary v. V.Shrivika

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2017

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1694 of 2015 and M.P.No.1 of 2015

1. The Secretary, Selection Committee, Directorate of Medical Education, Chennai-600 010.

2. The Director of Medical Education, Directorate of Medical Education, 162, EVR Periyar Salai, Kilpauk, Chennai-600 010.

...

Appellants/Petitioners -vs1. V.Shrivika

2. The Tamil Nadu Dr.M.G.R.Medical University, 69, Anna Salai, Guindy, Chennai-600 032.

3. The Medical Council of India, rep.by its Secretary, Pocket 14, Sector-18, Dwaraka, Phase-I, New Delhi.

...

Respondents/Petitioners & 3rd & 4th Respondent Appeal filed under Clause 15 of the Letters Patent, against the order passed by this Court in W.P.No.31390 of 2015 dated 05.10.2015.

W.P.No.31390 of 2015:- Writ Petition in W.P.No.31390 of 2015 is filed under Article 226 of The Constitution of India praying for the issuance of Writ of Mandamus to direct the first respondent to allow the

petitioner to participate in the Counselling scheduled to be held on 4th October 2015 and direct the first respondent to accommodate the petitioner with a seat for MBBS Course in the All India Quota in any of the medical colleges in the State of Tamil Nadu.

For Appellants ::

Mr.P.S.Sivashanmugasundaram, Special Government Pleader For Respondents::

Ms.Shalini for M/s.Chennai Law Associates for R1 Mr.Anand David for R2 Mr.V.P.Raman for R3

JUDGMENT

(Judgment of the Court was delivered by HULUVADI G.RAMESH, J.) This writ appeal has been filed against the order passed by this Court in W.P.No.31390 of 2015 dated 05.10.2015. 2.When this appeal was taken up, the learned Special Government Pleader appearing for the appellants has submitted that as against the common order passed in W.P.Nos.31390 and 31391 of 2015 dated 05.10.2015, as against the petitioner in W.P.No.31391 of 2015, who was also similarly placed like that of the appellant herein, the Government preferred an appeal in W.A.No.1492 of 2015 and by judgment dated 07.10.2015, this Court allowed the appeal, observing that it is open to the State Government to fill up the vacant / left over All India quota seats which have been surrendered to the State pursuant to the order of the Hon'ble Supreme Court dated 01.10.2015 in I.A.Nos.

2 to 5 of 2015 in W.P.(Civil) No.627 of 2015 and that the admission process shall be completed on 07.10.2015 itself. He has also produced a copy of the said judgment. The learned Special Government Pleader further submitted that as against the said judgment passed in W.A.No.1492 of 2015 dated 07.10.2015, an SLP was preferred to the Hon'ble Supreme Court by the contesting individual and the same has been dismissed as infructuous. 3.The learned counsel for the first respondent herein has submitted that in the subsequent academic year, the first respondent has been selected to the M.B.B.S. course and thereafter she joined the course.

4.In view of the above factual position, this appeal has become infructuous and accordingly the writ appeal is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar KM To 1 The Secretary, Selection Committee, Directorate of Medical Education, Chennai 10 2 The Director of Medical Education, Directorate of Medical Education, 162, EVR Periyar Salai, Kilpauk, Chennai 10 3 The Tamil Nadu Dr. M.G.R.Medical University, 69, Anna Salai, Guindy, Chennai 32.

4 The Medical Council of India, Rep by its Secretary, Pocket 14, Sector 18, Dwaraka, Phase I, New Delhi +1cc to M/s.Chennai Law Associates, Advocate, S.R.No.75865 +1cc to Mr.V.P.Raman, Advocate, S.R.No.75197 W.A.No.1694 of 2015 and M.P.No.1 of 2015 MSM(CO) CS/20/11/17