C.Powerna v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2022

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.4121 OF 2022 & W.M.P.NO.4254 OF 2022 C.Powerna ... Petitioner .Vs.

1. The Secretary, Secretariat Health & Family Welfare Department, Namakkal Kavingar Maaligaí, 4th Floor, St. George Fort, Chennai.

2. The Director of Medical and Rural Health Services (DMS), Medical and Rural Health Services (DMS), Teynampet, Chennai.

3. The Dean, Government Erode Medical College, Perumthurai, Erode District.

4. The Management, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

5. The Selection Committee, The Directorate of Medical Education, 162, Periyar E.V.R.High Road, Kilpauk, Chennai - 10.

(R5, suo moto impleaded by order of this court dated 25.02.2022) ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider my representation dated 22.01.2022 and provide a Government Seat for MBBS in Government Erode Medical College, Erode.

For Petitioner : Mr.Arun Kumar For M/s.G.M.Xavier For Respondents : Mr.C.Jayaprakash Government Advocate [R1, R2, R3 & R5]

O R D E R

Mr.C.Jaya Prakash, learned Government Advocate accepts notice for R1 to R3 and is armed with instructions to proceed with the matter finally. Hence, by consent of both counsel, this Writ Petition is disposed finally even at the stage of admission.

2. The petitioner is an aspirant for an M.B.B.S. seat in the Government Medical College, Erode. She had appeared for the NEET examination, securing 163 marks. She belongs to the Scheduled Caste community and seeks the benefit of the Scheme that has been formulated by the State to benefit the wards of employees of the Transport Department in the matter of admission to Government Medical College.

3. The petitioner has made a representation before the respondents on 22.01.2022 seeking benefit of the Scheme as aforesaid.

4. Mr.C.Jaya Prakash would concur on the narration of the facts as aforesaid and would state that the appropriate authority to consider the representation of the petitioner would be the Selection Committee, Directorate of Medical Education.

5. Since, the Selection Committee is not arrayed as respondent before me, I suo motu implead the Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai - 10 as R5 in this Writ Petition.

6. Mr.C.Jayaprakash accepts notice for the newly impleaded R5 and assures the Court that the representation of the petitioner dated 22.01.2022 will be considered and necessary and appropriate action taken in this regard after hearing her.

7. For the aforesaid purpose, the petitioner shall appear before R5 on 03.03.2022 at 10.30 A.M. without expecting any further notice in this regard and R5, after hearing the petitioner, shall consider her request under representation dated 22.01.2022 in line with all rules and regulations as well as the Scheme within a period of one (1) week from the date of hearing.

8. This Writ Petition is disposed in the aforesaid terms. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sl/kbs To 1.

The Secretary, Secretariat Health & Family Welfare Department, Namakkal Kavingar Maaligaí, 4th Floor, St. George Fort, Chennai.

2.

The Director of Medical and Rural Health Services (DMS), Medical and Rural Health Services (DMS), Teynampet, Chennai.

3.

The Dean, Government Erode Medical College, Perumthurai, Erode District.

4.

The Management, The Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam.

5.

The Selection Committee, Directorate of Medical Education, 162, Periyar EVR High Road, Kilpauk, Chennai - 10.

+2ccs to M/s.G.M.Xavier, Advocate, S.R.No.13216 (03/03/2022) +1cc to the Government Pleader, S.R.No.13379 W.P.No.4121 of 2022 & W.M.P.No.4254 of 2022 GPL(CO) PBS/01/03/2022