T.Aathibala v. The National Medical Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2024

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B.BALAJI W.P.No.14358 of 2024 and W.M.P.Nos.15588 and 15589 of 2024

1. T.Aathibala

2. Yadav Dhanshree Umashankar

3. Twinkle G Noble

4. Seneha R.V.

... Petitioners -vs1. The National Medical Commission, Rep. by its Secretary, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110 077.

2. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai-600 009.

3. The Director of Medical Education and Research, Kilpauk, Chennai-600 010.

4. The Registrar, Sri Balaji Vidyapeeth, Puducherry, (Deemed to be University), Pillayarkuppam, Puducherry-607 402.

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5. The Controller of Examinations, Shri Sathya Sai Medical College and Research Institute, A Unit of Sri Balaji Vidyapeeth, Puducherry, (Deemed to be University), Thiruporur to Guduvancherry Road, Ammapettai Village, Nellikuppam Post, Chengalpattu District-603 108.

6. The Dean, Shri Sathya Sai Medical College and Research Institute, A Unit of Sri Balaji Vidyapeeth, Puducherry, (Deemed to be University), Thiruporur to Guduvancherry Road, Ammapettai Village, Nellikuppam Post, Chengalpattu District-603 108.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 4 & 6 to conduct first year MBBS examination to the petitioners admitted in the academic session 2021-22 in accordance with National Medical Commission Graduate Medical Education Regulations afresh by providing reasonable opportunity to the petitioners to undergo the process of examination in accordance with Competency Based Under Graduate Curriculum for the Indian Medical Graduate, 2019, Medical Council of India to pass through the first year MBBS examination in the failed papers separately, in consideration of representation submitted by the petitioners.

For Petitioners :

Mr.G.Dilipkumar For R1 :

Ms.Subharanjani Ananth Standing Counsel for NMC For R2 & R3 :

Mr.K.Tippu Sulthan, Govt. Advocate For R4 to R6 :

Mr.Abishek Jenasenan ***** 2/4

O R D E R

(By D.Krishnakumar,J.,) When the matter is taken up for hearing, Mr.G.Dilip Kumar (E.No.1129 of 2019), learned counsel for the petitioners has submitted that the relief sought for by the petitioners has become infructuous and he has also made an endorsement in the Court bundle, in addition to production of a copy of the e-mail dated 11.09.2024 sent by the 6th respondent to that effect. He has further submitted this petition may be closed as infructuous.

2. In view of the above submission and as per the endorsement made, we are of the view that nothing survives for further adjudication in this Writ Petition. Hence, the Writ Petition is dismissed as having been rendered infructuous. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.,] [P.B.B.,J.,] 03.10.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar 3/4

D.KRISHNAKUMAR,J., AND P.B.BALAJI,J., ar To:

1. The Principal Secretary to Government, State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Director of Medical Education and Research, Kilpauk, Chennai-600 010.

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