The Secretarty v. S. Viji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.No.1747 of 2015 and M.P.No.1 of 2015 1.The Secretary, Selection Committee for MBBS/BDS 2015-2016, 162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.

2.The Directorate of Medical Education, Kilpauk, Chennai-600 010.

... Appellants/Respondents 2 & 3 Vs.

1.S.Viji 2.The Medical Council of India, Rep. by its Secretary, Pocket - 14, Sector-8, Dwarka Phase-1, New Delhi-110 077.

3.The Dental Council of India, Rep. by its Secretary, Aiwan-E-Galib Marg, Kotla Road, Temple Lane, New Delhi-110 002.

... Respondents/Petitioner & 1st Respondent (R3-Implead as party respondent vide order dated 18.01.2016 made in C.M.P.No.229/2016 in W.A.No.1747/2016) Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 29.10.2015 passed by this Court in Writ Petition No.32397 of 2015.

W.P.No.32397 of 2015:

Writ Petition filed under Article 226 of the constitution of India praying to issue a Writ of Mandamus, directing the respondents to admit the petitioner for the BDS Course for the academic year 2015-2016 in any one of the available 111 seats in the private dental colleges under the Scheduled Caste quota or SC(A) quota.

For Appellants :

Mr.K.Karthikeyan, Government Advocate For R1 :

Mr.V.Vijay Shankar For R2 :

No Appearance For R3 :

Dr.S.Seethalakshmi, Standing Counsel

JUDGMENT

(Judgment of the Court was delivered by K.K.SASIDHARAN, J.) The first respondent filed a writ petition in W.P.No.32397 of 2015 and secured an order to admit her for the BDS course for the year 2015-2016. The appellants filed intra court appeal against the order and obtained an interim order. 2.The matter relates to the year 2015-2016. In view of the efflux of time, nothing survives for adjudication. It would not be possible for the first respondent to secure admission for the current year taking into account the order relating to the year 2015-2016. We are therefore, of the view that nothing survives for adjudication as on date.

3.The intra court appeal is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar abr/svki To 1.The Secretary, The Medical Council of India, Pocket - 14, Sector-8, Dwarka Phase-1, New Delhi-110 077.

2.The Secretary, The Dental Council of India, Aiwan-E-Galib Marg, Kotla Road, Temple Lane, New Delhi-110 002.

3.The Secretary, Selection Committee for MBBS/BDS 2015-2016, 162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.

4.The Directorate of Medical Education, Kilpauk, Chennai-600 010.

+1 CC to The Govt. Pleader sr 20453.

+1 CC to Dr.S. Seethalakshmi, Advocate sr 19585. W.A.No.1747 of 2015 PA(CO) SP(28/03/2018)