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Madras High CourtWP/23328/2015dismissed as infructuous

Midhun Jose, v. The Union Of India,

2017-03-17Honourable Mr Justice N. Kirubakaran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2017 CORAM :

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P.No.23328 of 2015 and M.P.No.1 of 2015 & WMP No.2006 of 2016, W.P No.4326 of 2016 and WMP Nos.3676 of 2016 & 19334 of 2016 and Cont.P.No.175 of 2015 & Sub.Appln.No.35 of 2015

1. Midhun Jose

2. K.S.Akshayaraj

3. Keerthana Anand

4. Fathima Shaima

5. Safeera Shirin

6. E.Rashmitha

7. Amlah O.K.

... Petitioners in WP No.23328/2015 1,2,4 to 8 in WP No.4326 of 2016 V.Vignesh ... 3rd Petitioner in WP No.4326 of The Principal RVS Homoeopathic Medical College, Sulur, Coimbatore - 641 402.

... Petitioner in Cont.P No.175 of 2015 vs.

1.The Union of India, Represented by its Secretary, Department of Health and Family Welfare, Department of Ayurveda, Yoga and Naturopathy Uanani, Siddha and Homeopathy (AYUSH) IRCS Building, 1st Cross Road, New Delhi 2.The Principal RVS Homeopathic Medical College Sulur, Coimbatore.

3.The Central Council of Homeopathy Represented by its Secretary No.61-65 Institutional Area, Opposite D Block Janakpuri, New Delhi-110058.

4.The Commissioner of Indian Medicine and Homeopathy Arumbakkam, Chennai - 106.

5.The TN M.G.R. Medical University Represented by its Registrar 69/40 Anna Salai, Guindy Chennai-32.

6.The TN Homeopathy Medical Council Rep. by its Registrar Arignar Anna Government Hospital of Indian Medicine Campus Arumbakkam, Chennai-106.

...

Respondents in WP No.23328/2015 and WP No.4326 of 2016 1.Dr.Jhansi Charles Registrar TN Dr.MGR Medical University Rep. By its Registrar, No.69/40, Anna Salai, Guindy, Chennai - 600 032.

2.Dr.C.Sridhar Controller of Examinations (i/c) TN Dr.MGR Medical University Rep. By its Registrar, No.69/40, Anna Salai, Guindy, Chennai - 600 032.

3.Bharat Kumar Deputy Controller of Examinations TN Dr.MGR Medical University Rep. By its Registrar, No.69/40, Anna Salai, Guindy, Chennai - 600 032 ... Respondents in Cont.P.No.175/2015 Prayer in WP No.23328/2015 :- Writ Petition filed under Article 226 of the Constitution of India to issue writ of mandamus directing the respondents to permit the petitioners to sit for the II year examination in the Bachelor of Homeopathic Medicine and Surgery (BHMS) stated to commence on 03.08.2015 and declare the results forthwith.

Prayer in WP No.4326/2016 :- Writ Petition filed under Article 226 of the Constitution of India to issue writ of mandamus directing the respondents to permit the petitioners to sit for the III year examination in the Bachelor of Homeopathic Medicine and Surgery (BHMS) stated to commence on 05.02.2016 and declare the results forthwith.

Prayer in Cont.P.No.175 of 2015 :- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents herein for their willful and deliberate disobedience and defiance of the orders of this Court dated 27.01.2015 in WP No.3085 of 2014 under Article 215 of the Constitution of India read with Sections 2 (b), 11 of the Contempt of Courts Act 1971 and close the breach thereof.

For Petitioner : Mr.V.Raghavachari in WP Nos.23328/2015 and 4326 of 2016 For Respondents : Mr.G.Harihara Arun Soma Sankar in WP Nos.23328/2015 for TN Dr.MGR Medical University and 4326 of 2016 cont.P.No.175/15

O R D E R

When the matters were taken up for hearing, the learned counsel for the petitioners submitted that the writ petitioners were allowed to write the examinations and they have also written their final examinations and awaiting results.

2. In view of the above said submission made by the learned counsel for the petitioners, the Writ Petitions have become infructuous. Accordingly, the writ petitions are dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed.

The Contempt Petition and the connected Sub.Application is also closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar rgr

To 1.The Secretary, Department of Health and Family Welfare, Department of Ayurveda, Yoga and Naturopathy Uanani, Siddha and Homeopathy (AYUSH) IRCS Building, 1st Cross Road, New Delhi 2.The Principal RVS Homeopathic Medical College Sulur, Coimbatore.

3.The Secretary, The Central Council of Homeopathy Represented by its Secretary No.61-65 Institutional Area, Opposite D Block Janakpuri, New Delhi-110 058.

4.The Commissioner of Indian Medicine and Homeopathy Arumbakkam, Chennai - 106.

5.The Registrar, The TN M.G.R. Medical University Represented by its Registrar 69/40 Anna Salai, Guindy, Chennai - 32.

6.The Registrar, The TN Homeopathy Medical Council Rep. by its Registrar, Arignar Anna Government Hospital of Indian Medicine Campus Arumbakkam, Chennai-106.

+1CC to MR.P.Godson Swaminath,Sr16981/17 +1cc to Mr.M.T.Arunan, SR.17236/2017 +1cc to Mr.K.Gunasekar, SR.17079/17 W.P.No.23328 of 2015, W.P No.4326 of 2016 & Cont.P.No.175 of 2015 VGI(CO) CB(06-04-2017)