K.Kulasekaran v. Union Of India Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.18948 of 2017 and WMP.No.20452 of 2017 K.Kulasekaran ... Petitioner vs.

1.

Union of India Rep. by its Secretary Ministry of Health and Family Welfare New Delhi.

2.

Govt. of Pondicherry Rep. by its Secretary Health Department Goulbert Avenue, Chief Secretariat Pondicherry.

3.

The Medical Council of India Rep. by its Secretary New Delhi.

4.

The CENTAC Rep. by its Convenor Pondicherry Engineering College Kalapet, Pondicherry - 605 014.

... Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India,to issue a Writ of Mandamus, directing the respondents to consider representation dated 13.07.2017 and direct the respondent to grant the relaxation of marks scored in the NEET (UG) 2017 for the sport person of Pudhcerry (UT). For Petitioner : Mr.D.Sreenivasan For Respondents: Mr.Venkatasamy Babu, learned standing counsel, for R1 Mr.A.Gandhiraj, learned Government Pleader (Pondy) for R2 & R4.

O R D E R

The petitioner seeks for a mandamus directing the respondents to consider the representation of the petitioner dated 13.07.2007, wherein and whereby, the petitioner seeks for grant of relaxation of the marks scored in the NEET (UG 2017) for the sports person of Puducherry (Union Territory).

2. Heard the learned counsel appearing for the petitioner, learned Standing Counsel appearing for the first respondent and the learned Government Pleader (Pondy) appearing for the respondents 2 and 4.

3. The grievance of the petitioner is that the qualifying marks fixed for OBC category as 107 is to be reduced insofar as the petitioner is concerned, by considering his sports certificates.

Therefore, the petitioner made the said representation which is sought to be disposed of through the present writ petition.

4. I do not think that the petitioner is justified in seeking such relief for reducing the qualifying marks, which is already fixed. If the petitioner is permitted to contend like this, every person will have their own reason for reducing the qualifying marks, which would ultimately result in upsetting the whole process of exam and selection. I do not think that the petitioner is justified in making such representation and consequently seeking for disposal of such representation. I do not find any merits in the said representation of the petitioner dated 13.07.2017, so as to direct the respondents to consider the same. Accordingly, the writ petition fails and the same is dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk

To 1.The Secretary Union of India Ministry of Health and Family Welfare New Delhi.

2.The Secretary Govt. of Pondicherry Health Department Goulbert Avenue, Chief Secretariat Pondicherry.

3.The Secretary The Medical Council of India New Delhi.

4.The Convenor The CENTAC Pondicherry Engineering College Kalapet, Pondicherry - 605 014.

+1 cc to M/s.Venkataswamy Babu Advocate sr 52431 +1 cc to Mr.A.Gandhiraj Government pleader pondicherry sr 52989 W.P.No.18948 of 2017 sj(co) aa08/08/2017