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Madras High CourtWP/9371/2015disposed of

Pavithra v. The Secretary To Government

2015-07-06Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 06.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.Nos.9371 to 9373 of 2015

1. Pavithra ... Petitioner in W.P.No.9371/15

2. D.Shilpa Charles ... Petitioner in W.P.No.9372/15

3. R.Shruthi Vaishali ... Petitioner in W.P.No.9373/15

Versus

1 The Secretary to Government Department of Health and Family Welfare Fort St. George Chennai 9 2 The Director of Medical Education Kilpauk Chennai 10 3 The Tamil Nadu Dr. M.G.R.

Medical University Rep by its Registrar 69 Anna Salai Guindy 4 The Chennai Medical College Hospital and Research Centre Rep by its Dean Irungalur Trichy 621 105 5 The Medical Council of India Rep by its Secretary Pocket 14 Sector A Dwaraka Phase I New Delhi 110 077 6 The Tamil Nadu Medical Council Rep by its Secretary No.914 Poonamallee High Road Arumbakkam Chennai .. Respondents in all W.Ps.

Common Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India, seeking for writ of mandamus, directing the respondents 1 to 6 herein to forthwith permit the petitioners to undergo Compulsory Rotatory Resident Internship (CRRI) Training in any one of the Recognized Government Medical College Hospital in the State of Tamil Nadu by considering the petitioners' individual representations dt 26.3.2015, 28.3.2015 and 26.3.2015 and in fulfillment of the undertaking given by the State Government in the Essentiality Certificate.

For Petitioner : Mr.Doraisamy, Sr. Counsel in all W.Ps.

For M/s.P.Saravana Sowmiyan For Respondents : Mr.R.Vijaya Kumar, (for R1 & R2) Additional Government Pleader Mr.Anand David (for R3) Mrs.B.Saraswathi (for R4) Mr.V.P.Raman (for R5) Mr.Veerakathiravan (for R6) C O M M O N O R D E R By consent, these writ petitions are taken up for final disposal and as the facts pleaded and the submissions made are one and the same, all these writ petitions are disposed of by a common order.

2. The petitioners would state that they joined 1st year MBBS Course in the 4th respondent College during the Academic Year 201011 under the Government quota alloted by the 2nd respondent and that it is also affiliated to the 3rd respondent University.

3. The petitioners would further state that they have successfully completed the final year MBBS Course during February 2015 and after passing the same, they have to undergo Compulsory Rotatory Resident Internship (CRRI) Training, to the satisfaction of the College Authorities and University concerned for a period of 12 months so as to be eligible for the award of the Degree of Bachelor of Medicine and Bachelor of Surgery (MBBS) and full registration.

4. The procedure contemplated is that the 3rd respondent will issue a provisional MBBS pass certificate on passing the final examination and the Tamilnadu Medical Council will grant provisional registration to the candidates on production of the provisional MBBS pass certificate and the provisional registration will be valid for a period of one year.

5. The petitioners on coming to know that the 4th respondent College has not been recognized by the respondents 3 and 5 for imparting CRRI Training, submitted individual representations to all the respondents, to undergo CRRI Training in any one of the recognized Government Medical College Hospitals and since, they have not been favoured with any response, came forward to file these writ petitions.

6. The learned Senior counsel appearing for the petitioners has drawn the attention of this Court to the common order dated 01.07.2015 made in W.P.Nos.19110 & 19111 of 2015 and would submit that in similar facts and circumstances, this Court directed the respondents therein to consider and dispose of the representation of the petitioners therein and hence, the petitioners herein may also be conferred with similar benefits.

7. The Court heard the submissions of Mr.R.Vijayakumar learned Additional Government Pleader, appearing for respondents 1 and 2, Mr.Anand David, learned standing counsel appearing for 3rd respondent, Mrs.B.Saraswathi, learned standing counsel appearing for 4th respondent, Mr.V.P.Raman, learned standing counsel appearing for the 5th respondent and Mr.Veerakathiravan, learned standing counsel, appearing for the 6th respondent.

8. This Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioners, directs respondents 1 to 3, to consider the individual representations of the petitioners, in accordance with law and pass order as expeditiously as possible and not later than two weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1 The Secretary to Government Department of Health and Family Welfare Fort St. George Chennai 9 2 The Director of Medical Education Kilpauk Chennai 10 3 The Tamil Nadu Dr. M.G.R.

Medical University Rep by its Registrar 69 Anna Salai Guindy 4 The Chennai Medical College Hospital and Research Centre Rep by its Dean Irungalur Trichy 621 105 5 The Medical Council of India Rep by its Secretary Pocket 14 Sector A Dwaraka Phase I New Delhi 110 077

6 The Tamil Nadu Medical Council Rep by its Secretary No.914 Poonamallee High Road Arumbakkam Chennai +3 cc's to Mr.P.SAravana Sowmiyan, Advocate,Sr.33588,33589 &33593. +1 cc to Mr.v.P.Raman, Advocate,SR.33924 +1 cc to M/s.B.Saraswathi, Advocate,SR.33716 +1 cc to Mr.Anand David, Advocate,SR.33818 +1 cc to Mr.Veerakathiravan, Advocate,SR.33446 +1 cc to Government Pleader,SR.33992.

Rv(co) krd 8/7 W.P.Nos.9371 to 9373 of 2015