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Madras High CourtWP/28117/2016disposed of

K.Mahalakshmi v. The State Of Tamil Nadu

2016-11-16Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No.28117 of 2016 K.Mahalakshmi

...Petitioner

- Vs -

1. The State of Tamil Nadu, Rep. by its Principal Secretary, Department of Health and Family Welfare, Secretariat, Chennai - 600 009.

2. The Academic Officer, The Tamil Nadu Dr.M.G.R. Medical University, No.69, Anna Salai, Guindy, Chennai - 600 032.

3. The Principal, JKKN, Sresakthimayeil Institute of Nursing & Research, Kumarapalayam - 638 183.

Namakkal District.

4. The Secretary, Shri Bharani College of Nursing, No.239, Rajaram Nagar, Near Gandhi Stadium, Salem - 636 007.

...Respondents

Prayer:- Writ petition filed under Section 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the second respondent in proceedings vide Lr.No.AC.III(4)/ 52617/15 dated 30.11.2015 and quash the same and consequently, direct the second respondent to grant permission to the petitioner to continue her course, B.Sc. (Nursing) at the 4th respondent college.

For Petitioner : Mr.C.Munusamy For Respondent 1 : Mr.A.Kumar Special Government Pleader For Respondent 2 : Mr.P.Gopinath, Standing Counsel

O R D E R

The writ petition has been filed challenging the order passed by the second respondent in proceedings vide Lr.No.AC.III(4)/52617/15 dated 30.11.2015 and consequently direct the second respondent to grant permission to the petitioner to continue her course, B.Sc. (Nursing) at the 4th respondent college.

2. The learned counsel appearing for the petitioner would submit that already the transfer certificate has been issued by the College, in which the student was studying, along with No Objection Certificate (NOC) to transfer her to another college. The college which is taking the student has also given NOC.

3. The learned standing counsel for the second respondent University would submit that the petitioner has not presented the application in the prescribed form and if the petitioner presents her application in the prescribed form, they will pass appropriate orders within one week.

4. In view of the above, this Court without going into the merits of the case, directs the petitioner to submit the application in the prescribed form immediately to the second respondent and the second respondent University is directed to consider the same and pass orders within a period of one week thereafter. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kk

To

1. The Principal Secretary to Government, Department of Health and Family Welfare, Secretariat, Chennai - 600 009.

2. The Academic Officer, The Tamil Nadu Dr.M.G.R. Medical University, No.69, Anna Salai, Guindy, Chennai - 600 032.

3. The Principal, JKKN, Sresakthimayeil Institute of Nursing & Research, Kumarapalayam - 638 183. Namakkal District.

4. The Secretary, Shri Bharani College of Nursing, No.239, Rajaram Nagar, Near Gandhi Stadium, Salem - 636 007.

+1CC to M/s. C.Munusamy, Advocate, SR 66287 +1CC to M/s. P.Gopinathan, Advocate, SR 66349 W.P.No.28117 of 2016 MP (CO) PSI 30/12/2016