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Madras High CourtWMP/26396/2021direction

A.Pascaline Gracia v. Indian Nursing Council

2021-11-25Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Monday, the Thirty First day of January Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE M.DHANDAPANI WMP.No.26396 of 2021 IN WP.No.25055 of 2021 A.PASCALINE GRACIA [ PETITIONER ] Vs 1 INDIAN NURSING COUNCIL, [ RESPONDENTS ] REP. BY ITS SECRETARY, 8TH FLOOR, NBCC CENTER, PLOT NO.2, COMMUNITY CENTER, OKHLA PHASE-1, NEW DELHI - 101 020.

2 GOVERNMENT OF TAMIL NADU, REP. BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

3 THE DIRECTOR OF MEDICAL EDUCATION, POONAMALLEE HIGH ROAD, KILPAUK, CHENNAI - 600 010 4 DR. MGR. MEDICAL UNIVERSITY, REP. BY ITS REGISTRAR, CHENNAI 5 A. DR. VIMAL COLLEGE OF NURSING, REP. BY ITS CORRESPONDENT, PENNATHUR, VELLORE - 632 011.

6 MR. A. VIJAYA KUMAR, CORRESPONDENT AND MANAGING TRUSTEE, A. DR. VIMAL COLLEGE OF NURSING, PENNATHUR, VELLORE - 632 011 7 THE PRINCIPAL, A. DR. VIMAL COLLEGE OF NURSING, PENNATHUR, VELLORE - 632 011.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an ad-interim direction directing the Respondents 5-7 to receive the examination fee, to allow the petitioner to stay in the hostel, to issue the hall ticket and to permit the petitioner to attend and write the 4th year B.Sc. Nursing Practical and theoretical examinations, (IN WMP.No.26396/2021) pending disposal of the above WP.No.25055/2021. Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.KRISHNASWAMY, Advocate for the petitioner and of M/S.C.JAYAPRAKASH, Government Advocate for the 2 & 3 Respondents and of MR.P.

CHANDRASEKAR, ADVOCATE for the 5 to 7 respondents the court made the following order:- In this case, this Court, passed an interim order dated 25.11.2021 and the operative portion of the order is as follows: ''In view of the above, the petitioner, without prejudice to her rights and contentions, is directed to pay a sum of Rs.50,000/- either by way of cash or by way of Demand draft, towards first instalment on or before 28.11.2021 and to pay the balance amount of Rs.62,500/- within a period of one month thereafter. There shall be an order of interim direction directing the respondents 5 to 7 to receive the amount and permit the petitioner to stay in hostel, attend the classed and write the 4th year examinations''.

2. Today, when the matter called, the learned counsel for the petitioner submitted that the respondents have not received the fees as directed by this court.

3. The learned counsel for the respondents submitted that if the petitioner is ready to pay the entire amount for a sum of Rs.1,12,500/- on or before 04.02.2022, she can join the class.

4. In view of the above, the petitioner is directed to pay the entire fees for a sum of Rs.1,12,500/- on or before 04.02.2022 to the 5th respondent college. After receiving such amount, the Institute shall permit the petitioner to attend the supplementary classes and also examinations.

5. Post this case on 07.02.2022 ''for reporting compliance''. -sd/- 31/01/2022 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY, INDIAN NURSING COUNCIL, 8TH FLOOR, NBCC CENTRE, PLOT NO. 2, COMMUNITY CENTRE, OKHLA PHASE - I, NEW DELHI - 101 020.

2 THE PRINCIPAL SECRETARY, GOVERNMENT OF TAMIL NADU HEALTH AND FAMILY WELFARE DEPARTMENT, FORT ST.GEORGE, CHENNAI 600 009 3 THE DIRECTOR OF MEDICAL EDUCATION, POONAMALLEE HIGH ROAD, KILPAUK, CHENNAI 600 010 4 THE REGISTRAR, DR. MGR MEDICAL UNIVERSITY CHENNAI C.C. to M/S.V.AJOY KHOSE, Advocate SR.NO.603/2022. Order in WMP.No.26396 of 2021 IN WP.No.25055 of 2021 Date :31/01/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP(25/11/2021) (IT) KP(03.02.2022)