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Madras High CourtWP/24593/2022dismissed

A.Geethanjali v. The Secretary

2022-09-23Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2022

CORAM

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN W.P. No.24593 of 2022 A.Geethanjali ... Petitioner Vs 1.The Secretary Selection Committee Directorate of Medical Education No.162, Periyar E.V.R.High Road Kilpauk, Chennai - 600 010.

2.The Secretary National Medical Commission Sector -8, Pocket-14, Dwarka Phase-I New Delhi - 110 077.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the first respondent to accept the petitioner's application dated 03.09.2022 or counselling 2022-2023 and pass appropriate orders.

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For Petitioner : Mr.J.V.Suresh Kumar For Respondents : Ms.M.Sneha for R1 Ms.Shubaranjani Ananth for R2

O R D E R

It is an unfortunate case where the petitioner has missed the date to apply on-line for the Post-Graduate Degree MD/MS/MDS/Diploma Courses in the academic session 2022-2023, but however submitted the same through post on 03.09.2022.

2. This Court can only sympathise with the petitioner inasmuch as the stand of the respondent that there is provision for accepting the application of the candidates, only after the receipt of their applications through online.

3. In the case on hand, the notification inviting the on-line applications was made on 19.08.2022 and according to the notification, the last date for submission was fixed on 26.08.2022. It was further extended up to 29.08.2022 and the last date for receipt of hard copy of filled in on-line application was extended from 28.08.2022 to 30.08.2022. As per Clause 1(vi) and 1(vii) of the prospectus, the last date for submission of the on-line applications will be upto 05.00 p.m., on 26.08.2022, now extended to 2/4

29.08.2022. Inasmuch as there is no provision for extension of time after closure of on-line applications, the respondents have expressed their inability to accommodate the petitioner or to include her name in the counselling. In the absence of any provision or power to condone the delay, I do not think the Mandamus could be issued under Article 226 of the Constitution of India. Hence, the writ petition fails and accordingly dismissed. No costs. 23.09.2022 Index : Yes / No ds To:

1.The Secretary Selection Committee Directorate of Medical Education No.162, Periyar E.V.R.High Road Kilpauk, Chennai - 600 010.

2.The Secretary National Medical Commission Sector -8, Pocket-14, Dwarka Phase-I New Delhi - 110 077.

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R.SUBRAMANIAN. J., ds 23.09.2022 4/4