Syed Afrosh v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2024

CORAM:

THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.B. BALAJI Syed Afrosh ...Appellant versus 1.The Secretary to the Government Ministry of Home Affairs, North Block, New Delhi-110001.

2.The Secretary, Medical Council of India, Pocket -14, Sector-8, Dwarka Phase -1, New Delhi -110077.

3.The Director General of CBI, CBI Head Office, Plot No.5-8, CGO Complex, Lodhi Street, New Delhi -110077.

4.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600007.

5.The Dean, 1/5

Washington University of Barbados, School of Medicine, Casa Grande, Hibiscus Block, Oldbury, St.Philip, Barbados.

6.Mr.Dilip Kumar ...Respondents PRAYER:Writ Appeal filed against the order of the learned Single Judge in WP No.26635 of 2018 dated 22.01.2024.

For the Appellant :Mr.K.P.Satish Kumar For the Respondent :Mr.R.Muniyapparaj Additional Public Prosecutor

JUDGMENT

(Made by the Hon'ble Acting Chief Justice) This Writ Appeal is filed against the order of the learned Single Judge in WP No.26635 of 2018 dated 22.01.2024.

2. The appellant has filed the writ petition seeking for a direction to the respondents 1 to 4 to conduct enquiry about the fifth respondent University and sixth respondent. Further, for a direction to cancel the recognition and approval of the fifth respondent University and to ban the 2/5

six respondent from engaging as educational consultant, who act contrary to the rules and regulations of second respondent. The writ court has considered the case of the appellant/petitioner elaborately and dismissed the writ petition by holding that the appellant/petitioner has not produced any such eligibility certificate and he has secured admission at his risk for which neither the Medical Council of India nor the Government of India can be blamed. If the appellant/petitioner has been cheated by an individual or any educational consultant or otherwise, he is at liberty to initiate appropriate actions in the manner known to law.

3. Therefore, we are of the view that the appellant/petitioner has not made out any case for giving a direction to the respondents 1 to 4 to take necessary action against the respondents 5 and 6. Further, the petitioner has already made a complaint to the fourth respondent to take necessary action against the respondents 5 and 6. If that being so, it is for the petitioner to pursue before the fourth respondent for taking further action for the complaint preferred by him.

4. With the above observations, the writ appeal stands dismissed. 3/5

There shall be no order as to costs.

(D.K.K., ACJ.) (P.B.B., J.) 19.08.2024 Index : Yes/No mrn To 1.The Secretary to the Government Ministry of Home Affairs, North Block, New Delhi-110001.

2.The Secretary, Medical Council of India, Pocket -14, Sector-8, Dwarka Phase -1, New Delhi -110077.

3.The Director General of CBI, CBI Head Office, Plot No.5-8, CGO Complex, Lodhi Street, New Delhi -110077.

4.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600007.

THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.

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