P.Nisa Dhaswa Minor v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER and THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.A.No.935 of 2017 and C.M.P.No.13012 of 2017 P. Nisa Dhaswa (Minor), Rep.by his Father and Natural Guardian Mr. S. Premkumar No.4, Rajeev Street, Old Mahapallipuram Road, Kottivakkam, Chennai-600 041 ... Appellant/3rd Party Vs.

1. The State of Tamil Nadu, Rep.by its Secretary, Department of Health and Family Welfare, Fort St. George, Chennai-600c009.

2. The Selection Committee, Directorate of Medical Education, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.

3. The President, Medical Council of India, Pocket 14, Phase -I, Sector - 8, New Delhi.

4. The Registrar, The Tamil Nadu Dr. M.G.R. Medical University, No.69, Anna Salai, Chennai - 600 032. ... Respondents/Respondents

5. V.S. Sai Sachin (Minor), Rep.by his Father and Natural Guardian V. Suresh, No. B3, 18, II Main Road, Kasturi Bai Nagar, Adyar, Chennai - 600 020. ... Respondent/Petitioner

Prayer in Writ Appeal: Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 14.07.2017 made in W.P.No.16341 of 2017.

W.P.No.

16341 of 2017 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the Prospectus for MBBS/BDS admission 2017-18 on the file of first and second respondents pertaining to admission to MBBS/ BDS Courses in Tamil Nadu Government Colleges, Government Seats in Self Financing Medical Colleges affiliated to the fourth respondent University and seats in Rajah Muthiah Medical College (Annamalai University) and quash that decision made in the alternate clause of Clause-IV (19) of the Prospectus for MBBS/BDS admission 2017-18 that out of the State Quota seats in Government Medical Colleges and Government Quota in Self Financing Private Medical Colleges 85 per cent of seats shall be earmarked to the students who have studied in the Tamilnadu State Board only with rest 15 per cent will be reserved for students from CBSE and other boards so far as it relates to the petitioner and consequently direct the first and second Respondents to consider the petitioner against all available seats in MBBS and BDS courses offered in colleges and Education Institutions within the State of Tamilnadu for the academic year 2017-2018.

Mr. J. Ashok For Respondents :

Mr.P.S.Shiva Shanmugasundaram, Special Government Pleader For RR1 and 2 J U D G E M E N T (Judgement of the Court was delivered by Rajiv Shakdher, J.)

1. Learned counsel for the appellant says that, since, the appeal has been rendered infructuous, she does not wish to press the same. An endorsement to that effect is also made on the paper book.

2. The appeal is, accordingly, dismissed as not pressed. Resultantly, pending application shall stand closed. There shall be, however, no order as to costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

gg/rpl To

1. The Secretary, State of Tamil Nadu, Department of Health and Family Welfare, Fort St. George, Chennai-600c009.

2. The Selection Committee, Directorate of Medical Education, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.

3. The President, Medical Council of India, Pocket 14, Phase -I, Sector - 8, New Delhi.

4. The Registrar, The Tamil Nadu Dr. M.G.R. Medical University, No.69, Anna Salai, Chennai - 600 032.

+1cc to the Government Pleader, S.R.No.58862 W.A.No.935 of 2017 and C.M.P.No.13012 of 2017 KS(CO) CA(18/09/2017)