Aishwarya. R v. Sri Muthukumaran Medical College Hospital

CMP No.16489 of 2022 in Rev. APPL. SR. No.99992 of 2022 R. MAHADEVAN, J.

and N.MALA, J.

(Order of the court was made by R.Mahadevan, J.) This petition is filed by the petitioner / third party seeking to grant leave to file a Review Application against the order dated 22.06.2022 passed in WA.No.604 of 2021.

2.The learned counsel appearing for the review applicant submitted that after due process, the applicant was selected and was given admission to the first respondent College for MBBS course along with 8 others, with effect from 30.08.2019. After paying the necessary tuition fees, they joined the classes. While so, the first year examination was scheduled to be held on 15.02.2021, but the respondents 2 and 3 had not issued hall tickets to the applicant and 8 others, which compelled the first respondent College to file WP.No.3234 of 2021 directing the respondents 2 and 3 to issue hall tickets to the 9 students and allow them to write their examination which was scheduled to be held on 15.02.2021. 1/4

However, the applicant and others were not added as party to the said proceedings. By order dated 11.02.2021, the writ petition was dismissed, against which, WA.No.604 of 2021 was filed, in which, by order dated 13.02.2021, a direction was given to the respondents to issue hall tickets to the 9 students of the first respondent College and permit them to writ the examinations. Pursuant to the same, the applicant and others wrote their examinations, but the results were withheld, till date. Thereafter, the said writ appeal was dismissed on 22.06.2022. According to the learned counsel for the applicant, the applicant was not impleaded as party to the writ appeal, despite a direction was given by this court; and that, after dismissal of the writ appeal, the Tamil Nadu Dr.MGR University, by proceedings dated 08.08.

2022, has declared the applicant's admission as invalid and directed the first respondent College to discharge the applicant from the course; and therefore, it is just and necessary to review the order passed in the writ appeal. Stating so, the learned counsel sought leave of this court to file a review application by the applicant.

3.The learned Additional Government Pleader appearing for the respondents has no serious objection for ordering this petition. 2/4

4.Considering the reasons stated in the affidavit filed in support of this petition and also having regard to the no objection expressed on the side of the respondents, leave is granted and this petition is ordered accordingly. [R.M.D., J.] [N.M., J.] 20.03.2023 av 3/4

R. MAHADEVAN, J.

and N.MALA, J.

av CMP.No.16489 of 2022 in REV. APPL. SR. No.99992 of 2022 20.03.2023 4/4