A.Balasubramaniam v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.Nos.1090, 1658, 1755 of 2021 1.A.Balasubramaniam 2.Shri Paneer Selvan 3.Gopalakrishnan 4.Kannan 5.V.Kumaravel 6.K.Arunachalam 7.B.B.Ramu 8.Sankar 9.Sekar 10.Muthumani ... Petitioners in W.P.No.991 of 2021 1.G.Thangarajan 2.P.Ravi 3.V.Ravichandran 4.P.Dhanalakshmi 5.N.Baskaran 6.G.Narayanasamy 7.R.P.Kannan 8.N.Senthilkumar 9.N.Kolappa Pillai 10.G.Seenivasagam ... Petitioners in W.P.No.1471 of 2021 1.R.Nagarajan 2.Balasubramanian 3.G.C.Subramaniam ... Petitioners in W.P.No.1545 of 2021 Vs.

1.The Government of Tamilnadu, Rep by Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai 9.

2.The Government of Tamilnadu, Rep by Secretary to Government, Higher Education Department, Fort St. George, Chennai 9.

3.The Director of Medical Education, 152, EVR, Periyar Salai, Kilpauk, Chennai 10.

4.The Dean, Government Erode Medical College & Hospital, Perunthurai, Erode District.

(Formerly known as M/s.IRT Perundurai Medical College & Hospital, Perundurai).

... Respondents Prayer in W.P.No.991 of 2021: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order in Ref No.700/MaKa1/SaPoNiPeMaKaMa/2020 issued by the 4th respondent dated 03.01.2020 on the basis of G.O.(Ms).No.308 issued by the Transport Department dated 24.10.2018 in connection with the Bonafide and fee Estimate Certificate issued by the 4th respondent dated 07.09.2019 and quash the same and in consequence thereof directing the respondents 1 to 3 to re-fix the fee on par with the fee collected by the Government Medical Colleges and to direct the respondents to collect the tuition fee to the petitioner's daughter as fixed for Government Medical Colleges forthwith.

Prayer in W.P.No.1471 of 2021: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Letter as well as the Order in Ref. No.150/MaKa1/AaEeMaKa/2020 issued by the 4th respondent dated 16.09.2020 to the first petitioner Mr.G.Thangarajan, son of 5th and 6th petitioner Mr.N.Baskaran & Mr.G.Narayanasamy alone on the basis of G.O.(Ms).No.308 issued by the Transport Department dated 24.10.2018 in connection with the Bonafide and fee Estimate Certificate issued by the 4th respondent dated 07.09.2019 and quash the same and in consequence thereof directing the respondents 1 to 3 to refix the fee on par with the fee collected by the Government Medical Colleges and to direct the respondents to collect the tuition fee to the petitioner's son as fixed for Government Medical Colleges forthwith.

Prayer in W.P.No.1545 of 2021: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Clause 10(iv) of G.O.(Ms).No.308 issued by the Transport Department (1st respondent ) dated 24.10.2018 that the 4th respondent College is a Hybrid Model and struck down and quash the same and in consequence thereof directing the respondents 1 to 3 to refix the fee on par with the fee collected by the Government Medical College and to direct the respondents to collect the tuition fee to his son as fixed for Government Medical Colleges forthwith.

In all W.Ps.

For Petitioner : Mr.J.Mathesh For Respondents : Mr.E.Sundaram, GA C O M M O N O R D E R It is represented by the learned counsel for the petitioners that the relief sought for in these Writ Petitions has become infructuous and he has also made an endorsement to that effect.

2. In view of the same, these Writ Petitions are dismissed as infructuous. No costs. Connected Miscellaneous Petitions, if any shall stand closed.

08.11.2024 vkr Index : Yes / No Speaking order / Non-speaking order To 1.The Government of Tamilnadu, Rep by Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai 9.

2.The Government of Tamilnadu, Rep by Secretary to Government, Higher Education Department, Fort St. George, Chennai 9.

3.The Director of Medical Education, 152, EVR, Periyar Salai, Kilpauk, Chennai 10.

4.The Dean, Government Erode Medical College & Hospital, Perunthurai, Erode District.

(Formerly known as M/s.IRT Perundurai Medical College & Hospital, Perundurai).

VIVEK KUMAR SINGH, J.

vkr W.P.Nos.991, 1545, 1471 of 2021 and W.M.P.Nos.1090, 1658, 1755 of 2021 08.11.2024