Shafeequa Jamaal v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.Nos.19110 & 19111 of 2015 Shafeequa Jamaal .. Petitioner in W.P.No.19110 of 2015 V.Siva Sankari .. Petitioner in W.P.No.19111 of 2015 - Vs - 1.The Secretary to Government, Department of Health and Family Welfare, Fort St. George, Chennai - 600 009.

2. The Director of Medical Education, Kilpauk, Chennai.

3. The Tamil Nadu Dr.M.G.R. Medical University, Rep. by its Registrar, 69, Anna Salai, Guindy, Chennai - 600 032.

4. The Chennai Medical College Hospital and Research Centre, Rep. by its Dean, Irungalur, Trichy - 621 105.

5. The Medical Council of India, Rep. by its Secretary, Pocket 14, Sector A, Dwaraka Phase I, New Delhi - 110077.

6. The Tamil Nadu Medical Council, Rep. by its Secretary, No.914, Poonamallee High Road, Arumbakkam, Chennai - 600 106. .. Respondents in both the WPs. Prayer in both the WPs:- Writ Petitions have been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 to 6 herein to forthwith permit the petitioner to undergo Compulsory Rotatory Resident Internship (CRRI) training in any one of the Recognized Government Medical College Hospital in the State of Tamil Nadu by considering the petitioners representation dated 26.03.2015 and in fulfilment of the undertaking given by the State Government in the Essentiality Certificate.

Petitioner : Mr.K.Doraisamy SC for Mr.P.Saravana Sowmiyan For Respondents 1&2 : Mrs.P.Rajalakshmi Government Advocate For Respondent 3 : Mr.Anand David For Respondent 4 : Mrs.B.Saraswathi For Respondent 5 : Mr.V.P.Raman For Respondent 6 : Mr.Veerakathiravan C O M M O N O R D E R By consent, both the writ petitions are take up for final disposal.

2. The petitioners in both the writ petition claims that they joined the first year M.B.B.S. degree course in the 4th respondent college during the academic year 2010-2011 under the Government quota allotted by the second respondent. The 4th respondent is affiliated to the 3rd respondent University. The petitioners would further state that they have successfully completed the final year M.B.B.S. course during February 2015 and thereafter they had to undergo Compulsory Rotatory Resident Internship (CRRI) Training to the satisfaction of the College Authorities and University concerned for a period of 12 months so as to become eligible for the award of the Degree of Bachelor of Medicine and Bachelor of Surgery (M.B.B.S). The third respondent University shall issue a provisional M.B.B.S.

pass certificate on passing the final examination and based on which, the 6th respondent will register them. The petitioners later on came to know that the 4th respondent has not been recognised by the respondents 3 and 5 for imparting CRRI training and said training is vital and important for the reason that it gives them actual practical training in medical and health care and they acquire skill under the supervision of experienced doctors. The grievance expressed by the petitioners is that on account of the said development, the petitioners were unable to undertake CRRI training and in this regard, submitted representations dated 26.03.2015 to the third respondent with a prayer for appropriate directions to shift them to some other recognized Government Medical College for undergoing CRRI training so as to get M.B.B.S.

degree and full registration by the 6th respondent.

3. Heard the submissions of Mr.K.Doraisamy, learned senior counsel appearing for the petitioners. Mrs.P.Rajalakshmi, learned Government Advocate accepts notice for the respondents 1 and 2, Mr.Anand David, learned counsel accepts notice for the third respondent, Mrs.B.Saraswathi learned counsel accepts notice for the fourth respondent, Mr.V.P.Raman, learned counsel accepts notice for the fifth respondent and Mr.Veerakathiravan, learned counsel accepts notice for the sixth respondent.

4. The learned senior counsel appearing for the petitioners would contend that it will be suffice to direct the third respondent to consider and dispose of the petitioners' representations dated 26.03.2015, within a stipulated time frame and the petitioners may be permitted to submit fresh representations also for redressal of their grievances.

5. This Court taking into consideration the limited scope of the prayer sought for by the petitioners, without going into the merits of the case projected by the petitioners, permits the petitioners to submit one more representation to the respondents 1 to 3 within a period of one week from the date of receipt of a copy of this order by enclosing a copy of this order as well as the earlier representations. The respondents 1 to 3 on receipt of the same are directed to consider the same in accordance with law and pass final orders within a period of four weeks thereafter and communicate the decision taken, to the petitioners. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kk To 1.The Secretary to Government, Department of Health and Family Welfare, Fort St. George, Chennai - 600 009.

2. The Director of Medical Education, Kilpauk, Chennai.

3. The Registrar,Tamil Nadu Dr.M.G.R. Medical University, 69, Anna Salai, Guindy, Chennai - 600 032.

4. The Dean, The Chennai Medical College Hospital and research Centre, Trichy 621 105.

5. The Secretary, Medical Council of India, Pocket 14, Sector A, Dwaraka Phase I, New Delhi - 110077.

6. The Secretary, Tamil Nadu Medical Council, No.914, Poonamallee High Road, Arumbakkam, Chennai - 600 106.

+ 2 ccs to M/s. Saravana Sowmiyan, Advocate SR.32577, 32578 W.P.Nos.19110 & 19111 of 2015 NM(CO) EU 02.07.15