Dr.K.Keerthika v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2017 CORAM :
The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.23576 of 2017 1.Dr.K.Keerthika 2.Dr.B.ponnezhil 3.Dr.A.ShafanaHyroon 4.Dr.M.Prasanna Kumar 5.Dr.R.Dhanalakshmi .. Petitioners -vs1.The Govt. of Tamil Nadu, Rep. By its Secretary, Health & Family Welfare Dept., 2.The Govt. of Tamil Nadu, Rep. By its Secretary, Higher Education Department, 3.The Union of India, Rep. By Under Secretary to Govt., Ministry of Health & Family Welfare, Nirman Bhavan, Maulana Azad Road, New Delhi 110 001.
4.The Director of Medical Education, 152, E.V.R. Periyar Salai, Kilpauk, Chennai 600 010.
5.The Secretary, Selection Committee, The Director of Medical Education, 152, E.V.R. Periyar Salai, Kilpauk, Chennai 600 010.
6.The Medical Council of India, rep. By its Secretary, Pocket 14, Phase I, Sector 8, Dwarka, New Delhi 110 077.
.. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st and 2nd respondents to exhibit the number of vacancies available in the State of Tamil Nadu for the Post Graduate courses so that it can be filled up as per the Regulation of the 6th respondent. For Petitioner :
Mr.M.K.Kabir, Sr. Counsel for Mr.Kingsly Solomon J For Respondents :
Mr.T.N.Rajagopalan Spl. Govt. Pleader, for RR-1,2,4&5.
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) In this writ petition, the petitioners have prayed for a Writ of Mandamus directing Respondent Nos.1 and 2 to exhibit the number of vacancies available in the State of Tamil Nadu for the Post Graduate courses in Medicine, so that the same can be filled up as per the rules and regulations of the sixth respondent, i.e., Medical Council of India. The writ petition has been affirmed and filed on 30.08.2017.
2.In Ashish Ranjan and Ors., vs. Union of India and Ors., reported in (2016) 11 SCC 225, the Supreme Court approved the time schedule for admission to the post graduate medical courses notified by the Medical Council of India, as per which, the last date upto which the students can be admitted is 31st May. Giving any directions at this stage would tantamount to giving directions totally contrary to the directions of the Supreme Court. Any order for modification of the schedule can only be passed by the Supreme Court and not by this court. 3.This writ petition is dismissed. No costs. Consequently, W.M.P.No.24719 of 2017 is also dismissed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sra To 1.The Secretary to Govt. of Tamil Nadu, Health & Family Welfare Dept.,
2.The Secretary to Govt. of Tamil Nadu, Higher Education Department, 3.The Under Secretary to Govt. of India, Ministry of Health & Family Welfare, Nirman Bhavan, Maulana Azad Road, New Delhi 110 001.
4.The Director of Medical Education, 152, E.V.R. Periyar Salai, Kilpauk, Chennai 600 010.
5.The Secretary, Selection Committee, The Director of Medical Education, 152, E.V.R. Periyar Salai, Kilpauk, Chennai 600 010.
6.The Secretary, Medical Council of India, Pocket 14, Phase I, Sector 8, Dwarka, New Delhi 110 077.
+1cc to Mr.Kingsly Solomon, Advocate SR.No.65274 W.P. No.23576 of 2017 SAI(CO) GN(26/09/2017)