R. Shina Acme, v. The Director General,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2015

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P.No.27657 of 2015 and M.P.No.1 of 2015 R.Shina Acme ... Petitioner -Vs1.The Director General, Directorate General of Health Services, Nirman Bhawan, New Delhi - 110 011.

2.The Assistant Director General (Medical Education), Room No.3 52, A-Wing, Nirman Bhawan, Maulana Azad Road, New Delhi - 110 011.

3.The Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre Preet Vihar, New Delhi - 110 092.

4.The President, Medical Council of India, Pocket 14, Sector 8, Dwarka, New Delhi - 110 077.

5.The Secretary, Health & Family Welfare Depot, Secretariat, Fort St.George, Chennai.

6.The President, Kilpauk Medical College Campus, Chennai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to consider the petitioners representation dated 26.08.2015 to allot one MBBS seat for her based on All India Premedical/Pre dental Test-2015 before transferring the existing vacant seats to the State Quota.

For Petitioner : Mr.B.Christ Das For Respondents : Mr.P.Sanjay Gandhi, Additional Government Pleader (R5)

O R D E R

The petitioner herein applied for All India Pre-Medical/PreDental Entrance Test for the year 2015-2016. She is said to have secured 466 marks in the examination conducted with the ranking of 11221. The petitioner makes her claim under the reserved category. As she was not considered, the petitioner made a detailed representation on 26.08.2015 stating that it has been a practice that after three counseling sessions are over, the vacant seats are being surrendered to the concerned State Government. When other eligible candidates are waiting, they should be called for without surrendering the seats to the State Government. As the said representation dated 26.08.2015 has not been considered, the present Writ Petition has been filed.

2.Taking into consideration the pendency of the representation, without going into the merits of the case, a direction is issued to the Secretary, Medical Counseling Committee, Kilpauk Medical College Campus, Chennai, though it has been mentioned as President, to consider and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

3.The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar va To 1.The Director General, Directorate General of Health Services, Nirman Bhawan, New Delhi - 110 011.

2.The Assistant Director General (Medical Education), Room No.3 52, A-Wing, Nirman Bhawan, Maulana Azad Road, New Delhi - 110 011.

3.The Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre Preet Vihar, New Delhi - 110 092.

4.The President, Medical Council of India, Pocket 14, Sector 8, Dwarka, New Delhi - 110 077.

5.The Secretary, Health & Family Welfare Depot, Secretariat, Fort St.George, Chennai.

6.The Secretary, Kilpauk Medical College Campus, Chennai.

+1 cc to Mr.D.R.Ashok Kumar, Advocate, sr.47442 +1 cc to Govt. Pleader, sr.48325 W.P.No.27657 of 2015 and M.P.No.1 of 2015 tej(co) kra 8/9