N.Abraham Chandy v. Secretary To The Govt. Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.06.2019
CORAM
THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P.No.15348 of 2019 N.Abraham Chandy .. Petitioner Vs
1. Secretary to the Govt., of India Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi
2. Secretary to Government, Ministry of Health and Family Welfare, Govt., of Tamilnadu, Chennai
3. The Director of Medical Education, 156, Poonamallee High Road, New Bupathy Nagar, Chetpet, Chennai - 600 031 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents herein to dispose of the representation dated 14.05.2019 of the petitioner herein by making suitable reservation for admission in Medical Stream of Undergraduate courses in the State of Tamilnadu for Rajya Puraskar and Rashtriya Puraskar Awardees in Bharat Scouts and Guides. For Petitioner : Mr.B.Sathish Sundar For Respondents : Mr.Sureshkumar for R2 and R3 Government Advocate
O R D E R
With consent on either side, the main writ petition itself is taken up for final disposal.
2. This Writ Petition has been filed for issuance of Writ of Mandamus directing the respondents herein to dispose of the petitioner's representation dated 14.05.2019 by making suitable reservation for admission in Medical Stream of Undergraduate courses in the State of Tamilnadu for Rajya Puraskar and Rashtriya Puraskar Awardees in Bharat Scouts and Guides.
3. The case of the petitioner is that the petitioner, who is a resident of Chennai had appeared for the Higher Secondary Examinations (Plus Two) in the year 2018 and secured 76% (total marks 914 out of 1200). The petitioner had obtained Rajya Puraskar Award from the Governor of Tamilnadu in the year 2016 and thereafter, in the year 2018. Subsequently, he had also obtained Rashtrapathi Award in Scout Movement. While such being the position, the Government of Tamilnadu has announced and called for eligible applicants for medical admission for the year 2019-2020 and in terms of the prospectus, an eligible candidate should secure the prescribed marks in the National
Eligibility Cum Entrance Test (NEET). The said examination has been held on All India Basis and the petitioner has also participated. However, as per the prospectus, no reservation or weightage is given to the candidates, who have obtained Rajya Puraskar Award and Rastrapathi Awards in Bharat Scouts and Guides Movement. However, such awardees have been recognized in the states like Kerala, Karnataka and Andhrapradesh and hence, the petitioner has made a representation dated 14.05.2019 to the respondents to consider his case/grievances on merits and in accordance with law.
4. The learned counsel for the petitioner contended that it would suffice for this Court to direct the respondents to consider the petitioner's representation on merits and in accordance with law within a stipulated time to be directed by this Court.
5. The learned Government Advocate for the respondents 2 and 3 would concede the request made by the learned counsel for the petitioner.
6. In view of the limited prayer sought for by the petitioner, without going into the merits of the matter, this Court hereby directs the
respondents 2 and 3 to dispose of the petitioner's representation dated 14.05.2019 on merits and in accordance with law within a period of two weeks from the date of a receipt of copy of this order. Accordingly, the writ Petition is disposed of. No costs. 06.06.2019 Index:Yes/No Internet:Yes/No Speaking /Non speaking Judgment ssd To
1. Secretary to the Govt., of India Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi
2. Secretary to Government, Ministry of Health and Family Welfare, Govt., of Tamilnadu, Chennai
3. The Director of Medical Education, 156, Poonamallee High Road, New Bupathy Nagar, Chetpet, Chennai - 600 031
M.DHANDAPANI, J., ssd W.P.No.15348 of 2019 06.06.2019