Madras High CourtWP/18203/2016disposed of

Royal Institute Of Medical v. The Secretary,

2023-03-31Honourable Mr Justice S.M. Subramaniam10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31-03-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM And WPMP No.15948 of 2016 1.Royal Institute of Medical Technology, Represented by its Director, K.R.Velmurugan, 45 years, Son of Rajamanickam, K.Raja Building, Upstairs, Neyveli Main Road, Vadalur, Cuddalore District, Pin - 607 303.

2.Vidiyal Vocational Training Center, Represented by its Center Coordinator, Thiruvengadam, 35 years, Son of Narayana Samy, NRG Sasikala Building, Upstairs, Papanasam Road, Valangaiman, Thiruvarur District, Pin - 612 804.

3.Indian College of Nursing Institution, Represented by its Correspondent, M.Deivaprakasam, 33 years, Son of Mani, 1st Floor, HDFC-ATM, Via - New Post Office, Neyveli Main Road, Vadalur, Cuddalore District, Pin - 607 303.

4.Sai Institute of Para Medical Science, Represented by its Director, Gowri Priya, 28 years, Daughter of Arjunan, Subrayalu Nagar, Thirupathiripuliyur, Cuddalore-2.

5.Malar Institute of Para Medical Science and Technology, Represented by its Director, A.Vijayalakshmi, 33 years, Daughter of Arul Murugan, Tharama Salai Street, Vadalur, Cuddalore District, Pin - 607 303.

6.Lakshika Instiute of Para Medical Science and Technology, Represented by its Principal, Punitha, 36 years, Daughter of Samidurai, Metha Complex, K.K.Road, Virudhachalam, Cuddalore District, Pin - 606 001.

7.Kavin Institute of Vocational Education, Represented by its Correspondent, R.Manimegalai, 63 years, Wife of Ramachandran, Near Bus Stand, Children Park Back Side, Vadalore, Cuddalore District, Pin - 607 303.

8.Easwar Institute, Represented by its Correspondent, M.Ganesan, 38 years, Son of Muthusamy, Virudhachalam, Cuddalore District.

... Petitioners Vs.

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

2.The Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai-600 010.

3.The District Collector, Cuddalore District, Collectorate, Cuddalore, Cuddalore District.

4.The Joint Director of Health Services, Cuddalore Government Head Quarters Hospital, Cuddalore.

5.The Superintendent of Police, Cuddalore District, Cuddalore.

6.The District Collector, Thiruvarur, Collectorate, Thiruvarur, Thiruvarur District.

7.The Joint Director of Health Services, Thiruvarur Government Head Quarters Hospital, Thiruvarur.

8.The Superintendent of Police, Thiruvarur District, Thiruvarur.

9.President, All India Institute of Medical Technologist, (AIIMT), BB 44, Salt Lake City Sector-I, Kolkatta, Pin-700 064.

10.Director General, National Council of Vocational and Research Training, (NCVRT), 720-B, 7th Floor, Jaina Tower-II, District Center, Janakpuri, New Delhi, Pin-110 058.

11.Regional Coordinator, Southern Region, Center for Skill Development and Vocational Training, (CSVT), Nursing College Campus, Panagudi, Thirunelveli District, Pin-627 109.

12.Registrar, Para Medical Science Technology Organisation, (PMSTO), No.27/21, Old Rajindar Nagar, New Delhi, Pin-110 060.

13.Program Director, AKS Group of Institution, No.86, Pudhupalayam Main Road, Pudhupalayam, Cuddalore, Pin Code - 607 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to receive explanations and defence in person from the petitioners Institutions and conduct personal, fresh and proper enquiry before issuing any adverse order/circular/letter to the respondents 3 to 8 to take actions against the petitioners Institutions on the basis of the order passed by this Court in WP No.16556 of 2016 dated 13.04.2015 and direct the respondents 1 and 2 from passing any adverse orders without hearing the petitioners Institutions. For Petitioners : No Appearance

For Respondents-1 to 8 : Mr.T.Arunkumar, Additional Government Pleader.

For Respondent-10 : Mr.A.Edinbrough For Respondents-11 and 13: No Appearance For Respondents-9 and 12 : Not Ready in Notice.

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 and 2 to receive explanations and defence in person from the petitioners Institutions and conduct personal, fresh and proper enquiry before issuing any adverse order/circular/letter to the respondents 3 to 8 to take actions against the petitioners Institutions on the basis of the order passed by this Court in WP No.16556 of 2016 dated 13.04.2015 and direct the respondents 1 and 2 from passing any adverse orders without hearing the petitioners Institutions.

2. The nature of relief sought for in the present writ petition cannot be considered in view of the fact that it is merely based on certain apprehensions and assumptions. Unless an order is passed by the Competent

authority affecting the rights of a person, no writ can be entertained.

3. In the present case, the writ petitioners Institutions seek the relief to receive explanations and conduct a fresh enquiry before issuing any adverse order.

4. The present writ petition was filed in the year 2016 and 6-1/2 years have elapsed. On account of efflux of time, the relief sought for in the present writ petition has lost its relevance. If at all any grievance exists for the petitioners Institutions, they are at liberty to approach the Competent Authority in the manner known to law.

5. With the abovesaid liberty, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

31-03-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The Secretary, Health and Family Welfare Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.