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Madras High CourtWP/22130/2019disposed of

M.Reshma Banu v. Medical Council

2019-07-26Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2019

CORAM

THE HON'BLE Mr. JUSTICE M.DHANDAPANI, J.

W.P.No.22130 of 2019 W.M.P.No.21409 of 2019 M.Reshma Banu ...Petitioner vs

1. Medical Council of India, rep.by its Governors, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110 077, India.

2. Directorate of Medical Education, rep.by its Selection Committee, No.162, E.V.R.Salai, Kilpauk, Chennai District, Tamil Nadu-600 010.

3. The Tamil Nadu Dr.M.G.R.Medical University, rep.by its Chancellor, No.69, Anna Salai, Little Mount, Guindy, Chennai District, Tamil Nadu-600 032.

4. Ministry of Health & Family Welfare Department, rep.by its Secretary to the Government, Secretariat Colony, Park Town, Chennai District, Tamil Nadu-600 003.

5. Ministry of Backward Class, Most Backward Class & Minorities Welfare Department, rep.by its Secretary to the Government, Secretariat Colony, Park Town, Chennai District, Tamil Nadu-600 003. ...Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus,to direct the 2nd respondent to scrutinize all the MBBS Applications for the year 2019 and reject the applications found to be Dual Nativity aspirants hailing from the other states in order to adhere to the Tamil Nadu State Reservation Quota.

For Petitioner : Mr.A.J.Taslim Arif For Respondents : Mrs.A.Rajalakshmi, Additional Government Pleader for R3 and R5.

Mr.S. Suresh Kumar, Government Advocate for R4.

Mr.Abdul Saleem for for R2.

O R D E R

The writ petition has been filed for issuance of a writ of Mandamus, to direct the 2nd respondent to scrutinize all the MBBS Applications for the year 2019 and reject the applications found to be Dual Nativity aspirants hailing from the other states in order to adhere to the Tamil Nadu State Reservation Quota.

2. The learned counsel for the petitioner would submit that without going into the merits of the case, this Court may issue a direction to the second respondent/Directorate of Medical Education to consider a representation dated 25.06.2019 made by the petitioner.

3. The learned counsel for the respondents would concede the request made by the learned counsel for the petitioner.

4. In view of the limited request made by the learned counsel for the petitioner, this Court is inclined to issue a direction to the second respondent to consider the petitioner's representation dated 25.06.2019 and pass an appropriate order in accordance with law within a period of six weeks from the date of receipt of a copy of this Order.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssb To

1. Medical Council of India, rep.by its Governors, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110 077, India.

2. Directorate of Medical Education, rep.by its Selection Committee, No.162, E.V.R.Salai, Kilpauk, Chennai District, Tamil Nadu-600 010.

3. The Tamil Nadu Dr.M.G.R.Medical University, rep.by its Chancellor, No.69, Anna Salai, Little Mount, Guindy, Chennai District, Tamil Nadu-600 032.

4. Ministry of Health & Family Welfare Department, rep.by its Secretary to the Government, Secretariat Colony, Park Town, Chennai District, Tamil Nadu-600 003.

5. Ministry of Backward Class, Most Backward Class & Minorities Welfare Department, rep.by its Secretary to the Government, Secretariat Colony, Park Town, Chennai District, Tamil Nadu-600 003.

+1cc to Mr.P.Rajalakshmi, Advocate, S.R.No.64093 +1cc to Mr.Abdul Saleem, Advocate, S.R.No.64977 +1cc to the Government Pleader, S.R.No.65059 +1cc to Mr.A.J.Taslim Arif, Advocate in sr.no.83723 (03.01.2020) W.P.No.22130 of 2019 W.M.P.No.21409 of 2019 NRL(CO) RRS(28/08/2019)