Dr.D.Muthu Kumaran, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2017
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM Review Application No. 108 of 2017 DR.D.MUTHU KUMARAN .. Applicant Vs 1 THE GOVT. OF TAMILNADU REP BY SECRETARY TO GOVT.
HEALTH AND FAMILY WELFARE DEPARTMENT FORT ST.GEORGE SECRETARIAT, CHENNAI 600 009.
2 THE SECRETARY SELECTION COMMITTEE DIRECTORATE OF MEDICAL EDUCATION KILPAUK, CHENNAI 600 010 3 THE REGISTRAR THE TAMILNADU DR.MGR MEDICAL UNIVERSITY NO.69 ANNA SALAI GUINDY, CHENNAI 600 0032 4 THE SECRETARY MEDICAL COUNCIL OF INDIA MCI BUILDINGS, POCKET-14 SECTOR-8 DWARKA, PHASE-I, NEW DELHI.
[ RESPONDENTS ] Review Application Petition is filed to review the order dated 28.04.2017 in W.P.No.17882 of 2013.
For Applicant : Mr.AR.L.Sundaresan, Senior Counsel for Ms AL.Ganthimathi For Respondents: Mr.K.Dhananjayan Spl. Govt. Pleader
O R D E R
Mr.AR.L.Sunderesan, learned Senior Counsel appearing on behalf of the applicant contended that by virtue of the interim order granted in the Writ Petition at the admission stage, the writ petitioner was permitted to sit for the Entrance Exam and on successful completion, he was admitted in the Course and completed the Course. Meanwhile, another order was also passed permitting him to sit for the examination. Thus, by virtue of the interim orders passed, the writ petitioner was allowed to complete the Course itself and hence, the Writ Petition is to be argued at length and a final decision in the writ petition is necessary to protect the interest of the writ petitioner. 2.However, the learned Senior Counsel urged this Court that when the matter was taken up for final hearing on 28th April, 2017, one of his colleague, who was not well informed about this case, represented the matter and factual error had occurred at the time of final hearing.
3.In view of the factual discrepancies raised on 28th April, 2017 and today, on 1st August, 2017, this Court is of the view that an adjudication is necessary, in the interest of justice. 4.In this view of the matter, the Review Application is allowed and the order passed on 28th April, 2017 in W.P.No.17882 of 2013, is recalled. Registry to post the Writ Petition No.17882 of 2013, for final disposal, after two weeks. No costs.
01.08.2017 rpa To 1 THE GOVT. OF TAMILNADU REP BY SECRETARY TO GOVT.
HEALTH AND FAMILY WELFARE DEPARTMENT FORT ST.GEORGE SECRETARIAT, CHENNAI 600 009.
2 THE SECRETARY SELECTION COMMITTEE DIRECTORATE OF MEDICAL EDUCATION KILPAUK, CHENNAI 600 010 3 THE REGISTRAR THE TAMILNADU DR.MGR MEDICAL UNIVERSITY NO.69 ANNA SALAI GUINDY, CHENNAI 600 0032 4 THE SECRETARY MEDICAL COUNCIL OF INDIA MCI BUILDINGS, POCKET-14 SECTOR-8 DWARKA, PHASE-I, NEW DELHI.
S.M.SUBRAMANIAM, J.
rpa Rev.Aplw.No. 108 of 2017 01.08.2017