Dr.C.S.Umaakanth Soundar v. The Government Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.19387 and 19388 of 2020 C.S.Umaakanth Soundar
...Petitioner
-Vs1. The Government of India, Rep. by its Joint Secretary to Government, Health Department, Pocket 14, Sector VIII, New Delhi - 110077.
2. National Medical Commission, Represented by its Board of Governors, Pocket 14, Section VIII, Dwarakka Phase -I, New Delhi - 110077.
(Cause Title amended vide order dated 04.12.2020 made in W.M.P.No. 22573 of 2020 in W.P.No.15532 of 2020)
3. Chettinad Academy of Research and Education, (Deemed University), Represented by its Registrar, Rajiv Gandhi Salai, Kelambakkam, Kancheepuram District - 603 103.
4. Chettinad Hospital and research institute, Represented by its Dean, Rajiv Gandhi Salai, Kelambakkam, Kancheepuram District - 603 103.
...Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order No. MCI-23 (1/2020/Med/104568) dated 15.06.2020 passed by the 2nd respondent in terms of BOG Meeting dated 09.03.2020, item No. 20, Communicated to the petitioner on 19.06.2020 through email quash the same and consequently either direct the 2nd respondent to permit the petitioner to continue the super specialty Course i.e. M.Ch (Neurosurgery) in the 4th respondent institution or direct the 3rd respondent to refund the amount paid as tuition fees for the 1st year course within a stipulated time. For Petitioner : Mr.G.Ethirajulu For R1 : Mr.K.Subburanga Bharathi For R2 : Ms.Subaranjani Ananth For R3 & R4 : Mr.T.Balaji
ORDER
This Writ Petition has been filed for the issuance of Writ Certiorarified Mandamus, calling for the records relating to the order No. MCI-23 (1/2020/Med/104568) dated 15.06.2020 passed by the 2nd respondent in terms of BOG Meeting dated 09.03.2020, item No. 20, Communicated to the petitioner on 19.06.2020 through email quash the same and consequently either direct the 2nd respondent to permit the petitioner to continue the super specialty Course i.e. M.Ch (Neurosurgery) in the 4th respondent institution or direct the 3rd respondent to refund the amount paid as tuition fees for the 1st year course within a stipulated time.
2. When the matter is taken up for hearing, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to approach the Civil Court and he has also made an endorsement in the Court bundle to that effect.
3. In view of the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, with liberty to approach the Civil Court for appropriate relief as against the respondents 3 and 4, in accordance with law. Consequently, connected Miscellaneous petitions are closed. No costs. 12.04.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J,
mn To
1. The Joint Secretary to Government, The Government of India, Health Department, Pocket 14, Sector VIII, New Delhi - 110077.
2. The Board of Governors, National Medical Commission, Pocket 14, Section VIII, Dwarakka Phase -I, New Delhi - 110077.
3. The Registrar, Chettinad Academy of Research and Education, (Deemed University), Rajiv Gandhi Salai, Kelambakkam, Kancheepuram District - 603 103.
4. The Dean, Chettinad Hospital and research institute, Rajiv Gandhi Salai, Kelambakkam, Kancheepuram District - 603 103.
12.04.2024