A.Vijayakumar v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU A.Vijayakumar Correspondent and Managing Trustee S.K. Educational Trust, Owners of St.Johns College of Medical Sciences Vellore- Arni Highway NH 234 Dharmavaram Road Pannathur T.S. Sanatorium Post Vellore District, Vellore - 632 001.
.. Petitioner Vs 1 The Principal Secretary Health and Family Welfare Department Namakkal Kavingar Maaligai 4th Floor Fort St.George Chennai - 600 009.
2 The Director of Medical Education No.156, Poonamallee High Road New Bupathy Nagar, Chetpet Chennai - 600 031.
3 The Vice Chancellor
4 The Registrar 5 The Secretary Selection Committee No.162, E.V.R. Periyar Salai Kilpauk, Chennai - 10.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to implement the regulations as per the G.O (Ms). No.435, Health and Family Welfare (PME-2) Department, dated 30.09.2019 and to collect the fee for scrutiny of the proposal submitted by the Self Financing Private Institutions to start Paramedical allied Health Science from the academic year 2022-23 and also to implement the said G.O.(Ms).No.435, Health and Family Welfare (PME-2) Department, dated 30.9.2019 for the existing colleges under the 3rd and 4th Respondents from the academic year 2022-23. For the Petitioner : Mr.P.Chandrasekar For the Respondents : Mr.K.Karthick Jeganath Government Advocate for respondents 1 and 2 : Mr.P.Emayavaramban for M/s.Ramalingam Associates for respondents 3 and 4
: Mrs.M.Sneha for 5th respondent
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.P.Chandrasekar, learned counsel for the petitioner; Mr.K.Karthick Jeganath, learned Government Advocate for respondents 1 and 2; Mr.P.Emayavaramban for M/s.Ramalingam Associates, learned counsel for respondents 3 and 4 and Mrs.M.Sneha, learned counsel for the fifth respondent.
2. Learned counsel for the petitioner submits that the respondents are not implementing the regulations as per the Government Order bearing G.O. (Ms) No.435 dated 30.09.2019 issued by the Heath and Family Welfare Department. They are not collecting proper fee for scrutiny of the proposals submitted by the Self-Financing/Private Institutions to start Paramedical Allied Health Science Courses and also not performing their duties by inspecting the infrastructure of the said proposed colleges and thereby proper education is not imparted.
3. No specific instances appear from the record. Unless specific instances are spelt out, no blanket direction can be issued.
4. If the petitioner notices deviation of the Government Order in a particular case, then the petitioner may raise the grievance with the appropriate authority in that regard.
5. With the above observation, the writ petition is disposed of. There will be no order as to costs.
Consequently, W.M.P.Nos.17522 and 17523 of 2022 are closed. (S.V.G., CJ.) (P.D.A., J.) 20.06.2023 Index :
Yes/No :
Yes/No bbr
To:
1 The Principal Secretary Health and Family Welfare Department Namakkal Kavingar Maaligai 4th Floor Fort St.George Chennai - 600 009.
2 The Director of Medical Education No.156, Poonamallee High Road New Bupathy Nagar, Chetpet Chennai - 600 031.
3 The Vice Chancellor 4 The Registrar 5 The Secretary Selection Committee No.162, E.V.R. Periyar Salai Kilpauk, Chennai - 10.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr 20.06.2023