S.Hariharan v. The Directorate Of Medical Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.07.2021
CORAM
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No. 10381 of 2021 and WMP.No. 10953 of 2021 S.Hariharan ..Petitioner Vs 1.
The Directorate of Medical Education, No.162, EVR Periyar Salai, Kilpauk, Chennai -600010.
2.
The Registrar The Tamil Nadu Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai -32.
3.
The Dean, Government Medical College, ESI Hospital, Coimbatore-15 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus restraining the respondents from in any manner disturbing or discontinuing the petitioners pursuit of MBBS course in the 3rd respondent college so as to permit the petitioner to continue his studies attend examinations and declaration of results etc without any hindrance from the respondents.
For Petitioner : Mr. T.Mohan For Respondents : Mr.A.Selvendran, GA for RR1 & R3 Mr.Dineshkumar for R2
O R D E R
Prayer sought for in the writ petition is to restrain the respondents from in any manner disturbing or discontinuing the petitioners pursuit of MBBS course in the 3rd respondent college so as to permit the petitioner to continue his studies attend examinations and declaration of results etc without any hindrance from the respondents.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 &3 and the learned counsel appearing for the 2nd respondent and perused the materials available on record.
3. According to the learned counsel for the petitioner, the Tahsildar, Ilayangudi Taluk had issued a community certificate to the petitioner which is classified as Hindu Puthirai Vannan Community. Based on the said certificate, the petitioner got seat for MBBS Course under the Scheduled Caste quota in Government Medical College, ESI Hospital, Coimbatore/3rd respondent for the academic year 2018-19. The writ petitioner is continuing his studies in the said college. That being so, the 2nd respondent University denied to permit the petitioner to appear for examinations. Challenging the same, the present writ petition is filed.
4. The learned counsel for the petitioner has filed a final order passed by the District Vigilance Committee, Sivagangai District in Proc.No. W5/20734/2018, dated 19.06.2021, wherein the District Vigilance Committee has confirmed that the Hindu Puthirai Vannan Community Certificate issued by the Tahsildar, Ilaynagudi is genuine.
5. In view of the final order passed by the District Vigilance Committee, there is no legal impediment for the petitioner to continue his studies in Government Medical College, ESI Hospital, Coimbatore. The 2nd respondent University cannot deny the permission to the petitioner to appear for examination and declaration of results.
Recording the final order passed by the District Vigilance Committee, Sivagangai District in Proc.No. W5/20734/2018, dated
19.06.2021, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ak To 1.
The Directorate of Medical Education, No.162, EVR Periyar Salai, Kilpauk, Chennai -600010.
2.
The Registrar The Tamil Nadu Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai -32.
3.
The Dean, Government Medical College, ESI Hospital, Coimbatore-15 +2ccs to Mr.M.Murali, Advocate, S.R.No.30556 W.P.No.10381 of 2021 and WMP.No. 10953 of 2021 UM(CO) PM(29/07/2021)