The Tamil Nadu Self v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 6/7/2017 C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj Writ Petition No.32115 of 2016 The Tamil Nadu Self Financing Medical Colleges Association rep. By its Secretary Plot No.162 New No.90 (48) 7th Avenue, Ashok Nagar Chennai 600 083.

...

Petitioner Vs

1. The State of Tamil Nadu rep. By its Secretary Health & Family Welfare Department Fort St. George Chennai 600 009.

2. The Committee on Fixation of Fee in respect of Self Financing Professional Colleges rep. By its Member Secretary F.1 DOTE Staff Quarters Gandhi Mandapam Road Guindy Chennai 600 025.

...

Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of declaration to declare the general norms fixed by the second respondent committee to determine fees structure for the members of petitioner Association for the academic year 2016 - 17 viz.,

(1) salary for teaching & non-teaching staff shall be based on VI Central Pay Commission or Norms of MCI or actual claim made by the Medical College, whichever is less; 2) considering the selective expenditures alone particularly with respect to college; 3). Non-inclusion/consideration of the expenditures such as a) expenditure to run hospital, b). Depreciation c). Interest on borrowing, d).

Advertisement as arbitrary, illogical, unsustainable and illegal and further direct the

respondents herein to redetermine fee structure for the members of the petitioner Association for the Academic year 2016 - 17, by taking into account entire income and expenditures with respect to Medical College and its Associated Teaching Hospital, including actual salary paid to the Teaching and Non-teaching staff, income and expenditure of the Associated Teaching Hospital, Depreciation, Interest on borrowings and Expenditure on Advertisement.

For petitioner ...

Mr.A.L.Somiyaji Senior Counsel for Mr.V.P.Sengottuvel.

For respondents ...

Mr.C.Mani Shankaar assisted by Mr.P.Sanjay Gandhi for R.1 Mr.N.R.Chandran Senior Counsel for R.2.

- - - - - -

O R D E R

(Order of the Court was made by S.Manikumar,J) Mr.V.P.Sengottuvel, learned counsel for the petitioner, seeks permission of this Court, to withdraw the writ petition. He has also made an endorsement to that effect.

2. Placing on record the above, this writ petition is dismissed as withdrawn. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar mvs To

1. The Secretary State of Tamil Nadu Health & Family Welfare Department Fort St. George Chennai 600 009.

2. The Member Secretary Committee on Fixation of Fee in respect of Self Financing Professional Colleges F.1 DOTE Staff Quarters Gandhi Mandapam Road Guindy Chennai 600 025.

+1cc to Mr.V.P.Sengottuvel,Advocate sr.47142 Writ Petition No.32115 of 2016 ss(25/7/2017)