Dr.K.Chandralekha v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26618 of 2021 Dr.K.Chandralekha ... Petitioner Vs.
1. The Principal Secretary to Government, Health and Family Welfare Department, St.Geroge Fort, Chennai - 600 009.
2. The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
3. The Dean, Madras Medical College, Chennai - 600 003.
4. The National Medical Council, Pocket - 14, Sector - 8, Dwaraka Phase - I, New Delhi.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider my selection for the course of DM Oncology through NEET, as open / common student and treat me equally along with other students in the matter of bond condition and sanction stipend to me, by passing orders on the representation dated 15.07.2021.
For Petitioner : No Appearance For Respondents : Mr.C.Jayaprakash Government Advocate Ms.Shubharanjani Ananth for R4
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to consider her selection for the course of DM Oncology through NEET, as open / common student and treat her equally along with other students in the matter of bond condition and to sanction stipend to the petitioner, by passing orders on the representation dated 15.07.2021.
2.The case of the petitioner is that the petitioner after completion of M.B.B.S. Course got admission in Diploma Course (Radiation Oncology) under the State Quota for the academic year 2011 - 13 in the third respondent College and after completion of the Diploma Course, she joined MD (Radiation Oncology) Course in the year 2013 in CMC, Vellore and after completion of the Course, she joined the Government service through MRB during September, 2015 and worked in Government service till September, 2019.
3.The further case of the petitioner is that while she was in Government service, she applied for Super Speciality Course through NEET examination and got All India Rank No.45 for the course of DM Medical Oncology and was allotted D.M. Oncology Course in the third respondent and she was relieved from her duty on 14.09.2019. Thereafter, she joined the Course in the third respondent College. The grievance of the petitioner is that she did not apply for the Course under service quota because there is no service quota in the NEET examination and the NEET selection is common for all the students, however, the third respondent is compelling her to execute a bond for a sum of Rs.50 Lakhs or to work till superannuation under the Government of Tamil Nadu. In this regard, the petitioner made representation dated 15.07.
2021 to the respondents and since the same has not yet been considered, has filed this writ petition. 4.There is no representation for the petitioner. Considering the pendancy of the writ petition, this Court is inclined to proceed with the case and decide the same based on the materials available on record.
5.The learned Government Advocate submitted that the petitioner's representation will be considered in terms of G.O. (Ms.) No.388, Health and Family Welfare (MCA-1) Department, dated 28.08.2019 and in accordance with law.
6.In view of the above, this Court directs the respondents to consider the representation of the petitioner dated 15.07.2021, on merits and in accordance with law and in terms of
G.O.(Ms.) No.388, Health and Family Welfare (MCA-1) Department, dated 28.08.2019 and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. 7.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar True Copy// Sub Assistant Registrar pri To
1. The Principal Secretary to Government, Health and Family Welfare Department, St.Geroge Fort, Chennai - 600 009.
2. The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
3. The Dean, Madras Medical College, Chennai - 600 003.
4. The National Medical Council, Pocket - 14, Sector - 8, Dwaraka Phase - I, New Delhi.
+1cc to the Government Pleader, S.R.No.2749 W.P.No.26618 of 2021 PVS[co] NSK 28/01/2022