P.Karuppasamy v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.27784 of 2016 P.Karuppasamy ... Petitioner vs.
1.The State of Tamil Nadu rep. By its Principle Secretary Health & Family Welfare Department Fort St.George, Chennai.
2.The Directorate of Medical Education rep. By its Selection Committee Kilpauk, Chennai 10.
3.The Medical Council of India rep. By its Secretary Dwarka Phase-I New Delhi 110 077.
4.The Anna University rep. By its Registrar Kotturpuram, Chennai.
... Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus 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 College. For Petitioner :Mrs.Hema Sampath Senior Counsel Asstd. By Mrs.R.Meenal For Respondents :Mr.A.N.Thambi Durai,-R1 & R2 Spl.Govt. Pleader Mr.V.P.Raman - R3 Mr.M.Vijayakumar - R4
O R D E R
Heard Mrs.Hema Sampath, learned Senior Counsel is appearing for the petitioner, Mr.A.N.Thambi Durai, learned Special Government Pleader, appearing for the respondents 1 & 2, Mr.V.P.Raman, learned counsel appearing for the third respondent and Mr.M.Vijayakumar, learned counsel appearing for the fourth respondent and with the consent of the learned counsel appearing on either side, the Writ Petition itself is taken up for final disposal .
2.In this writ petition, the petitioner seeks for directing the second respondent to accept the application dated 29.07.2016 process the same and permit him to participate in the counselling for admission to Medical Colleges. 3.It would not be necessary to elaborately refer to the factual details as they are all matters of record and it is suffice to note that pursuant to an interim order which was passed in W.P.No.22841 of 2016 on 21.07.2016, to eschew portions of interpolation and evaluate Chemistry Paper, the evaluation was done and Mark Sheet has been issued to the Writ Petitioner. By virtue of the said Mark Sheet, the petitioner has become eligible to attend the Counselling for M.B.B.S., Course. On receipt of the Mark Statement, immediately on 29.07.2016, the petitioner applied for admission.
However, the said Application could not be handed over in person, had to be sent by post and was received by the Office of the Selection Committee on 01.08.2016. However, the last date for receipt of filled up Applications was on 07.06.2016. However, the said date could not have been complied with by the petitioner, because, he received the revised mark statement only on 27.07.2016. Therefore, the petitioner cannot be blamed. Considering the marks now secured by the petitioner, he is eligible to participate in the counselling.
4.Accordingly, the Writ Petition is allowed and the second respondent is directed to accept the petitioner's Application dated 29.07.2016 and permit the petitioner to participate in the Counselling for Medical Colleges for Admission to M.B.B.S., Course, commencing from 21.09.2016. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar
To 1.The State of Tamil Nadu rep. By its Principle Secretary Health & Family Welfare Department Fort St.George, Chennai.
2.The Directorate of Medical Education rep. By its Selection Committee Kilpauk, Chennai 10.
3.The Medical Council of India rep. By its Secretary Dwarka Phase-I New Delhi 110 077.
4.The Anna University rep. By its Registrar Kotturpuram, Chennai.
+2 ccs to R.Meenal Advocate sr 53280 +1 cc to M/s.M.Vijayakumar Advocate sr 53274 W.P.No.27784 of 2016 aa20/09/2016