Dr.Melissa Sathyan v. The Vice Chancellor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2021
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.13512 OF 2021 AND WMP.NO.14383 OF 2021 Dr.Melissa Sathyan .. Petitioner vs.
1. The Vice Chancellor, Puducherry University, R.Venkat Raman Nagar, Kalapet, Pondicherry-605 014.
2. The Registrar, Puducherry University, R.Venkat Raman Nagar, Kalapet, Pondicherry-605 014.
3. Ramachandra Educational Trust, (Running Sri Venkateshwaraa Medical College Hospital and Research Centre), Represented by its Chairman, No.31B, Jawaharlal Nehru Salai, 100 Feet Road, Vadapalani, Chennai-600 026.
4. Sri Venkateshwaraa Medical College Hospital and Research Centre, Represented by its Dean, 13-A, Pondy-Villupuram Main Road, Ariyur, Puducherry-605 102.
5. Government of Puducherry, Represented by Secretary to Education Department, Chief Secretariat, Puducherry-605 001.
6. Centralized Admission Committee (CENTAC), Represented by its Co-ordinator, Government of Puducherry, Pondicherry Engineering College Campus, Pillaichavady, Puducherry-605 014.
7. National Medical Commission, Represented by its Chairperson, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110 077.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents No.1 to 4 University to implement the order dated 07.06.2018 of this Court in W.P.No.13907 of 2017 by granting recognition to petitioner's admission in Post Graduate Medical (General Medicine) Course under Puducherry Government Quota for the Academic Year 2018-19.
For Petitioner :
Ms.P.Pooja For Respondents :* Mr.M.Ravi for RR1 & 2 Mr.Richardson Wilson for RR3 & 4 Mr.C.T.Ramesh, AGP (Pondy) For RR5 & 6
O R D E R
The petitioner is a meritorious NEET candidate belonging to Backward Class and he has filed W.P.No.13907 of 2017 before this Court challenging the denial of admission under Government Quota and also sought for a direction for grant of admission to Post Graduate Medical Seat under Government Quota in any one of the medical colleges in Puducherry for the academic year 2017-18 and this Court, vide order dated 06.06.2017, has directed the respondents to accommodate the petitioner in Post Graduate Medical Seat (General Medicine) in the fourth respondent college viz. Sri Venkateshwara Medical College Hospital and Research Centre, for the academic year 2018-2019. Since the said order has not been complied with, the petitioner has filed Cont.P.No.1626 of 2018, wherein this Court has passed an interim order dated 18.07.
2018, permitting the petitioner to attend the PG Medical (General Medicine) Classes for the academic year 2018-2019, by paying necessary fees applicable, if not already paid without prejudice to his contentions and the vide final order dated 21.10.2019, the said contempt petition was closed with a direction to the fourth respondent college to permit the petitioner to continue and complete the course on payment of necessary fees and thereafter, the writ petitioner continued the course in the fourth respondent College.
not permitted to write the forthcoming final year MD (General Medicine) Examination and therefore, the present writ petition has been filed.
2. Mr.M.Ravi, learned counsel appearing for * 1st and 2nd respondent would submit that the aforesaid fact has not been disputed by the University and in the earlier writ petition, Puducherry University is not a party and pursuant to the order passed by this Court, the petitioner got admitted in the fourth respondent College and now appearing for the final year MD (General Medicine) Examinations. He would further add that the respondent/University is also under the process of approving/ recognizing the petitioner's admission to MD (General Medicine) in the fourth respondent College.
3. This Court also heard Mr.C.T.Ramesh, learned Additional Government Pleader (Pondy) for the respondents * R5 and R6 and Mr.Richardson Wilson, learned counsel for the * respondents R3 and R4.
4. Recording the submission made by the learned counsel for the respondents, the respondents 1 to 4 shall permit the petitioner to write the final year MD (General Medicine) Examinations scheduled to be held during the 2nd week of July 2021 and the respondent University shall also complete the process of approval of the petitioner's Post Graduate MD (General Medicine) Course at the earliest. It is also open to the respondents/University to take action against the fourth respondent/College in accordance with law, if there is any violation.
5. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
-s/d- Assistant Registrar(CS II) 19.07.2021 * Corrected as per Order dated 29.07.2021 made in WP.No.13512 of 2021 Sd/- Assistant Registrar (CS II) 11.08.2021 True Copy Sub-Assistant Registrar Jvm
To 1.The Vice Chancellor, Puducherry University, R.Venkat Raman Nagar, Kalapet, To be Substituted Pondicherry-605 014.
to the order Already Despatched
2. The Registrar, on 23.07.2021 Puducherry University, R.Venkat Raman Nagar, Kalapet, Pondicherry-605 014.
3. The Chairman, Ramachandra Educational Trust, (Running Sri Venkateshwaraa Medical College Hospital and Research Centre), No.31B, Jawaharlal Nehru Salai, 100 Feet Road, Vadapalani, Chennai-600 026.
4. The Dean, Sri Venkateshwaraa Medical College Hospital and Research Centre, 13-A, Pondy-Villupuram Main Road, Ariyur, Puducherry-605 102.
5. The Secretary to Education Department, Government of Puducherry, Chief Secretariat, Puducherry-605 001.
6. The Coordinator, Centralized Admission Committee (CENTAC), Government of Puducherry, Pondicherry Engineering College Campus, Pillaichavady, Puducherry-605 014.
7. The Chairperson, National Medical Commission, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110 077.
+1 CC to Mr.Giridhar & Sai, Advocate SR.No.37217 +1 CC to The Government Pleader SR.No.32377.
W.P.No.13512 of 2021 VGII(CO) SP(23/07/2021) AJS(CO) CS/12/08/2021