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Madras High CourtWP/10736/2023disposed of

Dr.E.Ramprasath M.S v. National Medical Commission

2023-04-06Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10736 of 2023 Dr.E.Ramprasath .....Petitioner Vs

1. National Medical Commission, Rep by its Secretary General, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110 077.

2. Govt of Tamil Nadu Rep by its Principal Secretary to Govt, Health & Family Welfare Dept(MCA-2) Secretariat, Chennai-600 009.

3. Govt of Tamil Nadu, Rep by its Principal Secretary to Govt, Higher Education Department, Secretariat, Chennai-600 009.

4. The Directorate of Medical Education, Rep by its Director, Chennai-600 010.

5. Annamalai University, Rep by its Vice Chancellor, Chidambaram, Tamilnadu.

6. Annamlai University, Rep by its Registrar, Chidambaram, Tamilnadu.

7. Govt Medical College, (Formerly Rajah Muthiah Medical College) Rep by its Dean, At Cuddalore. ....Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ Petition for issuance of Writ of Mandamus for direction directing the respondents 2 to 7 consider and pass orders on the representation dated 06.08.2022 and 01.12.2022 for disbursement of stipend payable to petitioner towards internship served in the Govt College at Cuddalore (formerly Raja Muthaih Hospital) as payable to all non=- servicing post graduates as per the guidelines and the amendment G.O.261 of 3rd respondent expeditiously and in accordance with law. For petitioners : M/s.G.Mohana Krishnan For Respondents : Ms.Shubaranjani Ananth for R1, Mr. M.Alagu Goutham, Government Advocate for R2 to R4 & R7.

: Mr.S.Shivasubramani for R5 to R8

ORDER

This Writ Petition has been filed seeking a direction to respondents 2 to 7 to consider and pass appropriate orders on the petitioner's representation dated 06.08.2022 & 01.12.2022 made for disbursement of the stipend payable to the petitioner towards internship served in the Govt College at Cuddalore (formerly Raja Muthaih Hospital).

2. Ms.Shubaranjani Ananth, learned counsel takes notice for R1, Mr. M.Alagu Goutham, learned Government Advocate takes notice for R2 to R4 & R7 & Mr.S.Shivasubramani takes notice for R5 to R8.

3. It is the case of the petitioner that he completed his Post Graduate Medical Education in the 5th respondent university during the academic year 2018-2021. After completion of the said course, the petitioner underwent training for a period of 3 years from 31.05.2018 to 30.05.2021. Thereafter, he rendered his medical service during COVID pandemic without any being paid any stipend. Hence, the petitioner made a representation to the 2nd and the 5th respondent seeking disbursement of the stipend to the petitioner. However, till date, no action has been taken on the said representation.

Hence this Writ Petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the representation dated 06.08.2022 & 01.12.2022 made for disbursement of the stipend and pass orders on merits.

5. On the above contention, this Court heard the Government Advocate and learned counsel appearing for respondents.

6. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the 5th respondent to consider the petitioner's representation dated 01.12.2022 seeking disbursement of the stipend towards the internship underwent by the petitioner after the completion of his post graduation and pass appropriate orders on the same in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7. This Writ Petition stands disposed of with the aforesaid direction.

There shall be no order as to costs.

06.04.2023 Index : Yes/No Internet : Yes NHS To

1. The Secretary General, National Medical Commission, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110 077.

2. The Principal Secretary to Govt, Govt of Tamil Nadu Health & Family Welfare Dept(MCA-2) Secretariat, Chennai-600 009.

3. The Principal Secretary to Govt, Govt of Tamil Nadu, Higher Education Department, Secretariat, Chennai-600 009.

4. The Director, Directorate of Medical Education, Chennai-600 010.

5. The Vice Chancellor, Annamalai University, Chidambaram, Tamilnadu.

6. The Registrar, Annamlai University, Chidambaram, Tamilnadu.

7. The Dean, Govt Medical College, (Formerly Rajah Muthiah Medical College) At Cuddalore.

M.DHANDAPANI, J.

NHS W.P.NO.10736 of 2023 06.04.2023