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Madras High CourtWP/18545/2019disposed of

V.Kamesh Krishna v. The Selection Committee

2023-03-17Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.17861 of 2019 V.Kamesh Krishna ... Petitioner Vs.

1.The Selection Committee Director of Medical Education, Kilpauk, Chennai - 600 010.

2.The Principal Adi Parasakthi Dental College and Hospital Melmaruvathur, Kancheepuram District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider the Representation dated 09.05.2019 in accordance with law and direct the second respondent to return the PLUS-2 Mark Sheet, Transfer Certificate, NEET Examination Mark Sheet and connected documents to the petitioner.

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For Petitioner : Mr.R.Sankarasubbu For Respondents : Ms.M.Sneha for R1 Standing Counsel Mr.A.S.Balaji for R2

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to consider the representation dated 09.05.2019 in accordance with law and to direct the second respondent to return the PLUS-2 Mark Sheet, Transfer Certificate, NEET Examination Mark Sheet and connected documents to the petitioner.

2.The case of the petitioner is that the petitioner is hailing from Hindu Adidravida S.C. Community and secured 1113 out of 1200 in the Plus Two Examination for the academic year 2017 - 2018 and also secured eligible marks in the NEET Examination and he was selected by the first respondent on Government Quota to BDS Course in Adi Parasakthi Dental College. The petitioner joined the said College, however, since his father was suddenly attacked by stroke and bedridden, he could not pursue his studies further. Therefore, the petitioner made representation to the second respondent seeking to 2/4

return his Transfer Certificate and Mark Sheets. The second respondent in turn directed the petitioner to get 'no objection certificate' from the first respondent and hence the petitioner made representation to the first respondent, however, the same has not yet been considered. Hence, this writ petition.

3.The learned Standing Counsel appearing for the first respondent submitted that the matter is now pending before the Secretary, Health and Family Welfare Department, Fort St.George, Chennai and hence this Court may grant liberty to the petitioner to make representation to the Secretary, Health and Family Welfare Department.

4.In view of the above, this Court grants liberty to the petitioner to make representation to the Secretary, Health and Family Welfare Department, Fort St.George, Chennai, within a period of two weeks from the date of receipt of a copy of this order. If any such representation is received, the Secretary, Health and Family Welfare Department shall consider the same and shall pass appropriate orders, within a period of four weeks thereafter.

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M.DHANDAPANI,J.

pri 5.The writ petition is accordingly disposed of. No costs.

Consequently, the connected miscellaneous petition is closed. 17.03.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Selection Committee Director of Medical Education, Kilpauk, Chennai - 600 010.

2.The Principal Adi Parasakthi Dental College and Hospital Melmaruvathur, Kancheepuram District.

And W.M.P.No.17861 of 2019 17.03.2023 4/4