The State Of Tamil Nadu v. P. Karuppasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 9.10.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1227 of 2016, C.M.P.Nos.15818 & 15819 of 2016 and C.M.P.No.10485 of 2017

1. The State of Tamil Nadu, rep. by its Principal Secretary, Health and Family Welfare Department, Fort St. George, Chennai.

2. The Directorate of Medical Education, rep. by its Selection Committee, Kilpauk, Chennai 600 010.

... Appellants/Respondents 1 & 2

Versus

1. P.Karuppasamy

2. The Medical Council of India, rep. by its Secretary, Dwaraka Phase-I New Delhi 110 077.

3. The Anna University, rep. by its Registrar, Kotturpuram, Chennai.

... Respondents/Petitioners & Respondents 3 & 4 Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 20.9.2016 passed in W.P.No.27784 of 2016 on the file of this court.

W.P.No.27784 of 2016 : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to accept the application dated 29.07.2016 process the same and permit the petitioner's son to participate in the counselling for admission to Medical Colleges.

For appellants : Mr.P.S.Sivashanmugasundaram, Special Government Pleader For R1 : Mr.S.Ravikumar for Mrs.R.Meenal For R3 : Mr.M.Vijayakumar

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Special Government Pleader appearing for the appellants and the learned counsel appearing for respondents 1 and 3 for some time.

2. The writ appeal is filed challenging the order passed by the learned Single Judge directing the authority to accept the writ petitioner's application dated 29.7.2016 and permit him to participate in the counselling for Medical Colleges for admission to MBBS course, commencing from 21.9.2016.

3. Pursuant to a direction issued by this court, the candidate had been permitted to take up the examination although initially the challenge was made that there is belated submission of application. It appears that the reason furnished was that the candidate had applied for revaluation and in that process, there is a delay of process in the machinery.

4. In view of the of above, we dismiss the writ appeal itself making it clear that it is for the Government to publish the result as explanation offerred by the writ petitioner is acceptable one and it has been rightly accepted by the learned Single Judge and therefore, it cannot be faulted. No costs. The connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssk To:

1. The Principal Secretary, Health and Family Welfare Department, Fort St. George, Chennai.

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

3. The Secretary, Medical Council of India, Dwaraka Phase-I New Delhi 110 077.

4. The Registrar, Anna University, Kotturpuram, Chennai.

+1cc to Mrs.R.Meenal, Advocate, S.R.No.72252 +1cc to Mr.M.Vijayakumar, Advocate, S.R.No.72243 +1cc to the Government Pleader, S.R.No.72618 W.A.No.1227 of 2016 GJ(CO) CA(14/11/2017)