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Madras High CourtWP/22120/2019dismissed

Avinash Praveenkumar v. National Testing Agency

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 W.P.No.22120 of 2019 W.M.P.No.21392 of 2019 Avinash Praveenkumar ..Petitioner -Vs1. National Testing Agency (Government Agency), Rep.by its Governing Body, IITK. Outreach Centre, C.20, 1A/8, "C" Block, Phase-2, Industrial Area, Sector 62, Noida, Uttar Pradesh.

2. The Director General of Health Services, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi-110 011.

3. The Medical Council of India, Sector 8, Pocket 14, Phase-I, Dwarka, New Delhi-110 077.

4. The Selection Committee, Directorate of Medical Education, Kilpauk, Chennai-600 010. ...Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to change the category of the petitioner from "U.R." to "O.B.C." in his Application No.190410461969, dated 11.12.2018 and consequently direct the respondents to issue a Certificate according to the Eligibility Category of the petitioner.

For Petitioner : Mr.K.Selvaraj For Respondents: Mrs.Abdul Saleem for for R4.

Mr.V.P.Raman for R3.

Mr.J.Madhanagopal Rao SPC for R2.

O R D E R

The writ petition has been filed for issuance of a writ of Mandamus, to direct the respondents to change the category of the petitioner from "U.R." to "O.B.C." in his Application No.190410461969, dated 11.12.2018 and consequently direct the respondents to issue a Certificate according to the Eligibility Category of the petitioner.

2. The learned counsel for the petitioner would submit that the matter is already covered by a Single Bench decision of this Court in W.P.No.16330 of 2019 dated 04.07.2019. The relevant paragraph No.9, reads as follows:

" 9. Hence, this Court finds no force in the submissions made by the learned counsel for the petitioner. Hence, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. It is made clear that if the candidate desires to join under Management quota, the concern management/Institute and authorities are at liberty to consider the candidate under the respective communal roaster based on the genuineness of the documents produced by the candidate."

3. In view of the above decision, this writ petition is dismissed. However, the petitioner is entitled to get the same relief as given in W.P.No.16330 of 2019 dated 04.07.2019 ie., if the petitioner desires to join under Management quota, the concern management/Institute and authorities are at liberty to consider the candidate under the respective communal roster based on the genuineness of the documents produced by the candidate.

ssb Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. National Testing Agency (Government Agency), Rep.by its Governing Body, IITK. Outreach Centre, C.20, 1A/8, "C" Block, Phase-2, Industrial Area, Sector 62, Noida, Uttar Pradesh.

2. The Director General of Health Services, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi-110 011.

3. The Medical Council of India, Sector 8, Pocket 14, Phase-I, Dwarka, New Delhi-110 077.

4. The Selection Committee, Directorate of Medical Education, Kilpauk, Chennai-600 010.

+1cc to Mr.K.Selvaraj, Advocate, SR.No.64368 W.P.No.22120 of 2019 W.M.P.No.21392 of 2019 Kak(29/07/2019)