B. Kesavan v. Union Of India, Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2019
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.22520 & 22521 of 2004
1. B.Kesavan
2. Dr.N.Dhinakar Babu
3. Dr.V.Chandramohan
4. Dr.S.Jothikumar
5. Dr.K.Balamurugan
6. Dr.S.Sujith Kumar
7. Dr.AM.Umashankar
8. Dr.R.Krishnakumar
9. Dr.K.Karthikeyan 10.Dr.L.Sankar 11.Dr.N.V.Sathish 12.Dr.M.Elamurugaraja 13.Dr.J.Romul Dayan Raja
...Petitioners in W.P.No.22520 of 2004
1.Dr.Paul F.Britto
2. Dr.B.Anand
3. Dr.S.Jeya
4. Dr.M.Sathish Devakumar
5. Dr.N.Sivakumar
6. Dr.K.Senthilnathan
7. Dr.S.Kartikeyan
8. Dr.G.Viswanathan
9. Dr.M.Vimalakannan 10.Dr.T.R.Krishnamoorthi
...Petitioners in W.P.No.22521 of 2004
Vs
1. Union of India, rep.by its Secretary, Ministry of Health & Family Welfare, Nirman Bhavan, New Delhi.
2. Medical Council of India, rep. By its Secretary, Aiwan-E-Galib Marg, Kotla Road, Opp.Mata Sundari College (for women), New Delhi-110 002.
3. The State of Tamil Nadu, Rep by its Secretary, Department of Health Fort St.George, Chennai - 600 009.
4.The Selection Committee, rep. By its Secretary, Directorate of Medical Education, No.162 Periyar EVR Salai, Kilpauk, Chennai 600 010.
5. Directorate of Medical Education, rep. By its Secretary, No.162 Periyar EVR Salai, Kilpauk, Chennai 600 010.
6. The Tamil Nadu Dr.MGR Medical University, rep. By its Registrar, Post Bag No.1200, No.69 (Old No.40), Anna Salai, Guindy, Chennai-600 032.
7. The Dean, Coimbatore Medical College, Coimbatore.
... Respondents in both the writ petitions.
COMMON PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the 3rd and 5th respondents to take urgent steps to rectify the defects pointed out by the inspection report of the 2nd respondent and direct the 2nd respondent to recognise M.S.(General Surgery) course in the 7th respondent college after ensuring that the petitioners are within the sanctioned strength and regularise the course with retrospective effect and consequently direct the 5th respondent to transfer the petitioners to other medical colleges wherein the M.S.(General Surgery) course is recognised by the 2nd respondent to enable the petitioners to complete the M.S.(General Surgery) Course and get the degree from the 6th respondent, if the 5th respondent is not able to rectify the defects pointed by the inspection report of the 2nd respondent.
For Petitioner : Mrs.C.Uma for M/s.L.S.M. Hasan Fizal For Respondents: Mr.A.Raja Perumal AGP for R3 to R5 & R7 No appearance for R1, R2 & R6
O R D E R
The learned counsel appearing for the petitioners made a submission that the prayer in this writ petitions has already became infructuous and he had also made an endorsement to that effect.
2. Recording the same, this writ petitions stand dismissed as infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ska/kkn To
1. The Secretary, Union of India, Ministry of Health & Family Welfare, Nirman Bhavan, New Delhi.
2.The Secretary, Medical Council of India, Aiwan-E-Galib Marg, Kotla Road, Opp.Mata Sundari College (for women), New Delhi-110 002.
3. The Secretary, Department of Health Fort St.George, Chennai - 600 009.
4.The Secretary, The Selection Committee, Directorate of Medical Education, No.162 Periyar EVR Salai, Kilpauk, Chennai 600 010.
5.The Secretary, Directorate of Medical Education, No.162 Periyar EVR Salai, Kilpauk, Chennai 600 010.
+1cc to the Government Pleader Sr.5067 +1cc to Mr.A.Kumaraguru, Advocate Sr.4538 W.P.No.22520 & 22521 of 2004 svI[co] srg 18/02/2019