The Chairman v. K.Jairamkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2015

CORAM

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Dr. JUSTICE P.DEVADASS W.A.No.1718 of 2015 and M.P.No.1 of 2015 The Chairman, The Medical Council of India, Pocket - 14, Sector - 8, Dwarka Phase I, New Delhi - 110 077.

... Appellant/4th Respondent Vs.

1. K.Jairamkumar

2. The Director of Medical Education, Kilpauk, Chennai - 10.

3. The Selection Committee, Directorate of Medical Education, Kilpauk, Chennai - 10.

4. The Registrar, Annamalai University, Annamalai University Campus, Annamalai Nagar - 608 002 Chidambaram, Cuddalore District. ... Respondents/Petitioner 1st Respondent & 2nd Respondent & 3rd Respondent Writ Appeal filed under Clause 15 of Letters Patent against the order dated 13.10.2015 made in W.P.No.32598 of 2015. W.P.No.32598 of 2015 : This Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant admission to MBBS Course to

the Petitioner in the reserved category of Scheduled Caste Arunthathiyar (SCA) in the medical college run by the 3rd Respondent unversity forthwith with effect from 07.10.2015. For Appellant : Mr.M.S.Seshadri For Respondents : Mr.K.Karthigeyan, Government Advocate (Edn.) for R2 & R3

JUDGMENT

(Judgment of the Court was delivered by SATISH K.AGNIHOTRI, J.) Mr.K.Karthigeyan, learned Government Advocate accepts notice on behalf of respondents 2 and 3. Notice to respondents 1 and 4 is dispensed with at this stage, as, no adverse order is passed against them in this writ appeal. Thus, with the consent of the learned counsel for the appellant and the learned Government Advocate appearing for respondents 2 and 3, the writ appeal is taken up for final disposal, at the admission stage itself. 2.Questioning the correctness of the order dated 13 October 2015, wherein a direction was issued to the University to admit the petitioner in W.P.No.32598 of 2015 / the first respondent herein forthwith, the instant appeal is filed. The appellant, taking its own time, had filed the instant appeal on 4 December 2015, much after the time granted by the learned Single Judge was over.

3.Regard being had to the aforestated facts, we are not inclined to interfere with the order of the learned single Judge. Hence the writ appeal is dismissed, leaving the question of law involved herein, as open to be considered in an appropriate case.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mmi/vvk

To

1. The Director of Medical Education, Kilpauk, Chennai - 10.

2. The Selection Committee, Directorate of Medical Education, Kilpauk, Chennai - 10.

3. The Registrar, Annamalai University, Annamalai University Campus, Annamalai Nagar - 608 002 Chidambaram, Cuddalore District.

+1cc to Mr.V.P.Raman, Advocate, S.R.No.67701 +1cc to the Government Pleader, S.R.No.68165 W.A.No.1718 of 2015 SR(CO) CA(07/01/2016)