H.Sarah Nazneen v. All India Institute Of Medical Sciences (Aiims)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.16530 OF 2020 & WMP.NO.20511 OF 2020 H.Sarah Nazneen ... Petitioner Vs.

1. All India Institute of Medical Sciences (AIIMS), represented by its Assistant Controller of Examinations, Ansari Nagar, New Delhi 110 608.

2. The National Medical Commission, represented by its Chairperson, Pocket -14, Sector -8, Dwarka Phase -1, New Delhi 110 077.

.. Respondents Prayer:

Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to allot a Centre in Chennai, Tamil Nadu to the petitioner for writing the Institute of National Importance Combined Entrance Test (INI-CET) for admission to Post Graduate Courses (MD/MS/MCH (6 years)/DM (6 years)/MDS) January 2021 Session on 20.11.2020 from 9.30 AM to 12.20 PM For Petitioner : Mr.K.Selvaraj For Respondents: Mr.V.S.R.Krishna for R1 Mr.V.P.Raman, Senior Counsel for R2

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the 1st respondent to allot a centre in Chennai to enable the petitioner to write the common entrance test for admission to post graduate course for the Academic Year 2020-21.

2. Mr.V.S.R.Krishna, learned Standing counsel takes notice for the 1st respondent and Mr.V.P.Raman, learned Senior Standing Counsel takes notice for the 2nd respondent.

3. The learned Standing counsel appearing on behalf of the 1st repsondent circulated the instructions received from the 1st respondent and brought to the notice of this Court that the entrance examination is going to be conducted in Chennai. The examination admit card issued to the petitioner also substantiates the submission of the learned Standing Counsel appearing on behalf of the 1st respondent. It was further submitted that the entrance examination is conducted by the 1st respondent across India and Chennai is also one of the centres in which the examination is conducted.

4. The learned Standing Counsel appearing on behalf of the 1st respondent submitted that the application itself makes it clear that only the Courts in New Delhi will have the exclusive jurisdiction to try the disputes and this Writ Petition filed before this Court is not maintainable.

5. This issued raised by the learned Standing counsel need not be gone into since, this Court is not deciding this Writ Petition on merits and this issue is left open to be decided in an appropriate case.

6. In view of the above development, it will suffice to record the submissions of the learned Standing Counsel appearing on behalf of the 1st respondent and accordingly, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msr To

1. The Assistant, All India Institute of Medical, Sciences (AIIMS), Controller of Examinations, Ansari Nagar, New Delhi 110 608.

2. The Chairperson, The National Medical Commission, Pocket -14, Sector -8, Dwarka Phase -1, New Delhi 110 077.

+1cc to Mr.K.Selvaraj, Advocate, S.R.No.37238 W.P.No.16530 of 2020 & WMP.No.20511 of 2020 JP(CO) CS/01/12/2020