Government Of Tamilnadu v. G.Mohankumar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K.AGNIHOTRI and THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Review Application (Writ) No.291 OF 2015 K.S.R.Institute of Dental Science & Research, rep. By its Principal, KSR Kalvi Nagar, Kuchipalayam (PO) Thiruchengode 637 215 Namakkal District : Applicant versus

1. Dental Council of India Rep. by its Secretary Aiwan-E-Galib Marg Kotla Road New Delhi-110002.

2 Government of India Rep. by its Secretary Ministry of Health & Family Welfare Dept. Nirman Bhawan New Delhi-110011.

3 The Tamil Nadu Dr. M.G.R.

Medical University Rep. by its Registrar 69 Anna Salai Guindy Chennai-32.

4 Director of Medical Examination 162 E.V.R. Periyar Salai Kilpauk Chennai-10.

5 Selection Committee Rep. by its Secretary Directorate of Medical Examination 162 E.V.R. Periyar Salai Kilpauk Chennai-10.

: respondents Petition filed to review the order passed in W.A.No.1473 of 2015 dated 29.9.2015

For petitioner : Mr.Kandan Doraisami For respondent : Mr.P.Wilson, Senior Counsel for Dr.S.Seethalakshmi, SCGSC, for R-1 Mrs.G.Hema, ACGSC, for R-2

O R D E R

(was made by K.K.SASIDHARAN, J.) This Court entertained the intra court appeal filed by the Dental Council of India in W.A.No.1473 of 2015 and, in modification of the order passed by the learned Single Judge, directed the council to forward its report / recommendation to the Central Government by 5 p.m. on 29 September 2015. The Central Government in turn, was directed to take a decision in the matter in accordance with law. The Dental Council appears to have complied with the said order within the time stipulated by this Court. Thereafter the applicant has come up with this review petition on the ground that that another decision rendered by the Supreme Court was not taken into consideration while issuing direction to the Dental Council of India.

2. Heard the learned counsel for the applicant.

3. The review applicant wanted to review the judgment in W.A.No.1473 of 2015, taking into account the judgment rendered by the Supreme Court in Royal Medical Trust (Regd.) vs. Union of India, 2015

SCC Online SC 740.

4. While directing the Dental Council to send its recommendation, we made it clear that the Council should take a decision in accordance with law and taking into account the direction in Priya Gupta vs. State of Chattisgargh, 2012 (7) SCC 433. The fact that the decision in Royal Medical Trust (Regd.) was not referred to in the said judgment cannot be a valid reason to review the judgment after compliance of our direction by the Dental Council.

5. The applicant now wanted rehearing of the very appeal and that too after passing orders by the statutory authority. We are therefore of the view that the applicant has not made out a case for review of the judgment in W.A.No.1473 of 2015.

6. In the upshot, we dismiss the review application. No costs. (SATISH K.AGNIHOTRI, J.) (K.K.SASIDHARAN, J.) 27.10.2015 tar

SATISH K.AGNIHOTRI, J.

and K.K.SASIDHARAN, J.

Review Appl (Writ) No.291/2015 27.10.2015