Dr.S.Zahir Hussain v. Dr.A.C.Senthil Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10..08..2016 C O R A M The Hon'ble Mr. SANJAY KISHAN KAUL, CHIEF JUSTICE and The Hon'ble Mr. Justice R.MAHADEVAN Writ Appeal Nos.1137 and 1174 of 2008 Dr.S.Zahir Hussain ... Appellant in W.A.No.1137 of 2008/ 5th respondent Directorate of Medical Education No.162, E.V.R.Periyar High Road, Kilpauk, Chennai 600010.

The Secretary Selection Committee No.162, E.V.R.Periyar High Road, Kilpauk, Chennai 600010.

State of Tamil Nadu represented by Secretary to Government Department of Health and Family Welfare Fort St.George, Chennai 600 009. ... Appellants in W.A.No.1174 of 2008 / Respondents 1,2&4

Versus

1.Dr.A.C.Senthil Kumar ...1st Respondent in both W.As./R3

2. Directorate of Medical Education No.162, E.V.R.Periyar High Road, Kilpauk, Chennai 600010.

3.The Secretary Selection Committee No.162, E.V.R.Periyar High Road, Kilpauk, Chennai 600010.

5.State of Tamil Nadu represented by Secretary to Government Department of Health and Family Welfare Fort St.George, Chennai 600 009. .. Respondents 2,3&5 in W.A.No.1137 of 2008/Respondents 1 to 4 4.Dr.D.Amudhan ...4 Respondent in Wa.1137/08 and 2nd Respondent in WA.1174/08 5.S.Zahir Hussain

...Respondent No.3 in WA.No.1174 of 2008

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Prayer : Writ Appeals filed under Clause 15 of the Letters Patent against the order dated 30.09.2008 made in W.P.No.18019 of 2008.

Writ Petition filed u/a.226 of the Constitution of India praying to issue a writ of certiorarified mandamus, calling for the records of the respondents 1,2 and 4 pertaining to the counselling to the course of M.Ch Endocrine Surgery held on 20.8.08 and quash the selection of proposed 5th respondent and direct them to admit the petitioner to the said course.

For Appellants : Mr.F.B.Benjamin George in WA.No.1137 of 2008 For Respondents : Mr.T.N.Rajagopalan Special Government Pleader for R.2, R.3 and R.5 for appellants in WA.No.1174 of 2008 No appearance for R.1 and R.4 in both WA's and 2nd respondent in WA.No.1174/08 No Appearance for R3 in WA.1174/08

J U D G M E N T

(Judgment of the Court was delivered by the Honourable The Chief Justice) We have heard the learned counsel for the parties.

2. We are informed that with the passage of time, the appellant in W.A.No.1137 of 2008 has completed the course, while the first respondent/ Dr.A.C.Senthilkumar never joined. Thus, the result is that the operative part of the impugned order is not required to be given effect to as of now, in view of the subsequent developments.

3. The appeals accordingly stand disposed of in the aforesaid terms, leaving the parties to bear their own costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar

To

1. The Directorate of Medical Education No.162, E.V.R.Periyar High Road, Kilpauk, Chennai 600010.

3.The Secretary Selection Committee No.162, E.V.R.Periyar High Road, Kilpauk, Chennai 600010.

5.The Secretary to Government The State of Tamil Nadu Department of Health and Family Welfare Fort St.George, Chennai 600 009.

+1 cc to Govt.Pleader,sr.45804 +1 cc to Mr.F.B.Benjamin, advocate,sr.45742 pur(co) krd 30/8 W.A. Nos.1137 and 1174 of 2009