Rt.Rev.G.Devakadashyam, v. The Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Rt.Rev.G.Devakadashyam Bishop, Kanyakumari Diocese CSI Dennission Street Nagercoil, Kanyakumar District.

.. Petitioner in WP.226/2011 Rt.Rev.G.Devakadashyam Bishop, Kanyakumari Diocese CSI Dennission Street Nagercoil, Kanyakumar District.

.. Petitioner in WP.20219/2009 -vs1. The Union of India Rep. by its Secretary to Government Ministry of Health and Family Welfare Department of Health Nirman Bhavan New Delhi - 110 011.

2. The Medical Council of India Rep. by its Secretary Pocket 10 Sector F Dwaraka Phase, New Delhi - 110 077.

3. The State of Tamil Nadu

Rep. by its Principal Secretary to Government Health and Family Welfare Department Fort St. George Chennai - 600 009.

4. The Tamil Nadu Dr. MGR Medical University Rep. by the Registrar No. 69, Anna Salai Guindy, Chennai - 600 032.

..

Respondents Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of a (i) WP.226/2011 - Writ of Declaration, declaring that Sub-Clause 3 of Clause 2 of Medical College Regulations, 1999 is not applicable to the petitioner who is a religious minority and consequently direct the 4th respondent to issue consent of affiliation and direct respondents 1 and 2 to process the application submitted by the petitioner on 31.08.2009 to establish CSI Medical College at Neyoor without insisting on Essentiality Certificate from the State Government; and (ii) WP.20219/2009 - Writ of Mandamus, directing the respondents 1 and 2 to process and consider the application of the petitioner dated 31.08.2009 for establishment of CSI Medical College at Neyoor, Kanyakumari District without insisting on production of essentiality certificate from the 3rd respondent and letter of consent of affiliation from the 4th respondent. For the Petitioner in both WPs.

:

Mr. C.Robert Bruce For the Respondents :

Mr. V.Chandrasekaran in both WPs.

Senior Panel Counsel for R-1

:

Mrs. Subharanjani Anandh for R-2 :

Mr. U.Bharanidharan Addl. Govt. Pleader for R-3 :

Mr. S.Wilson for R-4 * * * * * COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The learned counsel for the petitioners, on instructions, submits that the petitions have become infructuous.

The writ petitions are dismissed as infructuous. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 26.06.2023 Index : yes/no : Yes/No sra To:

1. The Secretary to Government Ministry of Health and Family Welfare Department of Health Nirman Bhavan New Delhi - 110 011.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra)

2. The Secretary, The Medical Council of India Pocket 10 Sector F Dwaraka Phase New Delhi - 110 077.

3. The Principal Secretary to Government of Tamil Nadu, Health and Family Welfare Department Fort St. George, Chennai - 600 009.

4. The Registrar Tamil Nadu Dr. MGR Medical University No. 69, Anna Salai, Guindy, Chennai - 600 032. WP Nos.226 of 2011 and 20219 of 2009 26.06.2023