Madras High CourtWP/12852/2004dismissed as infructuous

Dharmarathnakara Dr.Mahalingam v. The Secy To Govt,Health And

2017-08-02Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.12852 of 2004 and W.P.M.P.No.14975 of 2004 Dharmarathnakara Dr.Mahalingam Institute of Paramedical Science & Research, rep. by the Correspondent Sri.B.T.Ramachandra, Nachimuthurpuram, Sakthi Nagar - 638 315 Bhavani Taluk, Erode District.

...Petitioner

vs.

1. The Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 9.

2. The Director of Medical Education/ Chairman, Board of Examination, For general Nursing and Midwifery, Poonamallee High Road, Kilpauk, Chennai - 600 010.

3. The Deputy Director of Medical Education, O/o Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 600 010.

4. The Dean/ Deputy Chairman, Board of Examination for General Nursing and Midwifery, Government General Hospital, Chennai - 600 003.

5. The Registrar, Tamilnadu Nursing and Midwives Council, Jayaprakash Narayanan Maligai, 140, Santhome High Road, Mylapore, Chennai - 600 004.

... Respondents PRAYER:

Writ Petitions filed under Article 226 of Constitution of India, to issue a Writ of Ceritorarified Mandamus to call for the records in respect of (i) the guidelines issued in G.O.Ms.No.1438, Health and family Welfare Department dated 28.07.1987 issued by the 1st respondent and (ii) the permission order granted in G.O.Ms.No.116, Health and Family welfare Department dated 22.03.2001 issued by the 1st respondent and (iii) the D.O.Letter of 3rd respondent sent in Ref.No.47316/PME/1/03 dated 16.07.2003, and quash the impugned (i) clause 7 of paragraph 4 - in respect of number of admission of the above said guidelines, dated 28.07.21987 and (ii) the consequential condition in respect of the annual intake of students as 15 as imposed in the above permission order dated 22.03.2001 and (iii) the consequential D.O.letter dated 16.07.2003, respectively and direct the respondents 1 to 4 to allow the petitioner Institution to run with the annual intake of 20 students per batch, as specified in the regulation of the Indian Nursing Council.

For Petitioner : Mr.S.Rajendran For Respondent : Mr.A.Kumar , Spl.Govt.Pleader for R1 to R3 No appearance for R4 & R5

O R D E R

The learned counsel appearing for the petitioner submits that the prayer sought for in this writ petition has become infructuous. He also made an endorsement to that effect.

2. Accordingly, the writ petition is dismissed as infructuous. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar

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