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Madras High CourtWA/1182/2022disposed of

Dr.N.Karthikeyan v. The State Of Tamil Nadu

2022-04-27Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.4.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.1182 of 2022 & CMP.Nos.7463 and 7465 of 2022 1.Dr.N.Karthikeyan 2.Dr.Eswar R.

3.Dr.Keerthi Krishnan 4.Dr.Sarah Mary Thampi 5.Dr.Fathima Simron Bano 6.Dr.Sachin Vijayakumar 7.Dr.M.Ramesh 8.Dr.parvathy S.

9.Dr.Aakash 10.Dr.Akshaya Ranganaath 11.Dr.Juvin A.G 12.Dr.S.Ram Sundar 13.Dr.Manoj Prabhakar 14.Dr.Mohammed Asad 15.Dr.Jyothi Prakash.J 16.Dr.Anisha Mol P.G 17.Dr.K.Roshan Praburaj 18.Dr.Lakshmi K.Nair 19.Dr.Sai Ramakrishna O.

20.Dr.Terese Jose 21.Dr.Gokul Ram V.

22.Dr.K.R.Jegan 23.Dr.Divya Davision E.

24.Dr.J.Sofia 25.Dr.K.C.Akash Praveen 26.Dr.Abhishek Venugopal Nair 27.Dr.Jeena Elizabeth John 28.Dr.Sinki Rohini 29.Dr.Susila Sharmili 30.Dr.S.Arunjeeva 31.Dr.A.Bennett Philip

32.Dr.Arvind Rengarajan A.R.G 33.Dr.Kelna Mohan 34.Dr.Pari Thooran S.K.

35.Dr.Joshua N ..Appellants/Petitioners 1 to 3, 5,7,8,10 to 16, 18, 20 to 28, 30 to 40 and 42 Vs

1. The State of Tamil Nadu Rep.by its Principal Secretary Health and Family Department Secretariat Chennai- 9.

2. The Directorate of Medical Education, Rep.by the Deputy Director of Medical Education Kilpauk Chennai- 10

3. Government Chengalpattu Medical College Rep.by its Dean G.S.T.Road Chengalpattu Dist Kancheepuram- 603 001.

4. Madras Medical College Rep.by its Dean E.V.R.Salai Chennai- 3

5. Government Kilpauk Medical College Rep.by its Dean Poonamalee High Road Kilpauk Chennani- 10

6. Kanyakumari Government Medical College Rep.by its Dean Asaripallam Nagercoil Kanyakumari Dist TamilNadu- 629201

7. Theni Government Medical College, Rep.by its Dean Kochi- Madurai-Tondi Point Rd., Kanavilakku Theni- 625 531

8. Thanjavur Medical College Rep.by its Dean Thanjavur- 613 004.

9. Stanely Medical College Rep.by its Dean No.1 Old Jail Raod Chennai-1.

10.Government Mohan Kumaramangalam Medical College Hospital Rep.by its Dean Fort Main Road Salem- 636 002.

11.KAP Viswanathan Government Medical College Rep.by its Dean Periyamilaguparai Colletors Office Road Trichy- 620 001.

12.Coimbatore Government Medical College Rep.by its Dean Coimbatore- 641018 13.Tirunelveli Medical College Rep.by its Dean High Ground Road Palayamkottai Tirunelveli- 627 011.

14.Madurai Medical College Rep.by its Dean Panagal Road Alwarpuram Madurai- 625 050 15.University Grants Commission Rep.by its Secretary Bahadur Shah Safar Marg New Delhi- 110 002 16.National Medical Council Rep.by its Secretary Pocket 14 Sector-8 Dwarka Phase I New Delhi-110 077.

17.Dr.Srinidhi V.

18.Dr.Ganesh S.

19.Dr.S.Ajayaravind 20.Dr.Sahaya Francis Akiston 21.Dr.M.Vikashini 22.Dr.Sivaranjani S.

23.Dr.Joe Clinton X 24.Dr.Swathika V.C (Respondent Nos.17 to 24 have been givenup) ..Respondents/Petitioners 4,6,9,17,19,29,41 & 43 Prayer : Appeal under Clause 15 of the Letters Patent against the order dated 19.1.2022 in WP.No.28526 of 2021. Prayer in WP.No.28526 of 2021: To issue a Writ of Mandamus directing the respondent Nos. 3 to 14 to fourthwith return the original certificates/ documents of the petitioners collected by the respondents Nos. 3 to 14 while admitting the Petitioners to post graduate degree courses in various institutions.

For Appellant : Mr.Karthick, Senior Counsel for Mr.Suhrith Parthasarathy For Respondents : Mr.P.Muthukumar, State Government Pleader for R1 Mrs.Shubaranjani Anand for R16

JUDGMENT

(Judgment was delivered by the Hon'ble Chief Justice) We have heard the learned counsel appearing for the respective parties.

2. The writ appeal has been filed by the appellants aggrieved by the direction of the learned Single Judge giving two options to the respondents, the first of which was directing respondents 1 and 2 to issue posting orders to the appellants and pay them proper stipend within a period of six months from the date of receipt of the copy of the said order and the second of which was directing respondents 3 to 14 to release the original certificates and documents.

3. During the pendency of this writ appeal, the second respondent herein passed an order dated 21.4.2022 instructing the respective Deans of the Government Medical Colleges to return the original certificates to the appellants. In other words, the State Government complied with the direction and accordingly, nothing survives for consideration in this appeal.

4. In view of the above, the writ appeal is disposed of with a direction to the respective Deans of the Government Medical Colleges to return the original certificates to the appellants at the earliest, in any case, not later than 15 days from the date of production of a certified copy of this judgment. In order to get the documents, the appellants would immediately approach the Authorities concerned/ College concerned along with a copy of this judgment and seek return of the original documents. Consequently, the connected CMPs are closed. There will be no order as to costs.

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

RS To:

1. The Principal Secretary Health and Family Department, Secretariat, Chennai- 9.

2. The Deputy Director of Medical Education The Directorate of Medical Education, Kilpauk, Chennai- 10.

3. The Dean, The Government Chengalpattu Medical College, G.S.T.Road, Chengalpattu Dist Kancheepuram- 603 001.

4. The Dean, Madras Medical College, E.V.R.Salai, Chennai- 3.

5. The Dean, The Government Kilpauk Medical College, Poonamalee High Road, Kilpauk, Chennani- 10.

6. The Dean, Kanyakumari Government Medical College, Asaripallam, Nagercoil, Kanyakumari Dist, TamilNadu- 629 201.

7. The Dean, Theni Government Medical College, Kochi- Madurai-Tondi, Point Rd., Kanavilakku, Theni- 625 531.

8. The Dean, Thanjavur Medical College, Thanjavur- 613 004.

9. The Dean, Stanely Medical College, No.1 Old Jail Raod, Chennai-1.

10.The Dean, Government Mohan Kumaramangalam Medical College Hospital, Fort Main Road, Salem- 636 002.

11.The Dean, KAP Viswanathan Government Medical College, Periyamilaguparai Colletors Office Road, Trichy- 620 001.

12.The Dean, Coimbatore Government Medical College, Coimbatore- 641 018.

13.The Dean, Tirunelveli Medical College, High Ground Road, Palayamkottai Tirunelveli- 627 011.

14.The Dean, Madurai Medical College, Panagal Road, Alwarpuram, Madurai- 625 050.

15.The Secretary, University Grants Commission, Bahadur Shah Safar Marg, New Delhi- 110 002.

16.The Secretary, National Medical Council, Pocket 14, Sector-8, Dwarka Phase I, New Delhi-110 077.

+1cc to Mr.Suhrith Parthasarathy, Advocate SR. No. 28985 +1cc to Government Pleader SR. No. 29705 W.A.No.1182 of 2022 & CMP.Nos.7463 and 7465 of 2022 AK (CO) PR (09/05/2022)