The Tamilnadu Dr.M.G.R. v. S.V.S. Educational And Social

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2021

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.A.No.1412/2017 and CMP.No.19234/2017 The Tamil Nadu Dr. MGR Medical University rep. by its Registrar, No.69, Anna Salai, Guindy, Chennai-600 032.

... Appellant/3rd Respondent -vs1.SVS Educational and Social Trust rep. by its Chairman-cum-Managing Director, No.74, Gandhi Road, Kallakurichi-606 202, Villupuram District.

2.Government of India, Ministry of Ayurvedha, Yoga & Naturopathy, Unani, Siddha & Homeopathy (AYUSH), Ayush Bhavan, B Block, GPO Complex INA, New Delhi-110 023.

3.The Secretary, Central Council of Homeopathy, No.61-65, Institutional Area Opposite, D Block, Janakpuri, New Delhi-110 058.

4.The Special Commissioner, Director of Indian Medicine & Homeopathy, Aringnar Anna Hospital Complex, Arumbakkam, Chennai-600 106.

... Respondents/Petitioner/Respondens 1,2 & 4 Prayer:

Writ appeal filed under Clause 15 of the Letters Patent against the order dated 11.10.2017 in W.P.No.18387/2017 passed by a learned Single Judge of this Court.

Prayer in W.P.No.18387/2017:

Writ Petitions filed under article 226 of the Constitution of India, issue a writ of certiorarified Mandamus, calling for the records of the 3rd respondent the Tamilnadu Dr.M.G.R. Medical University by its Registrar No.69 Anna Salai Guindy Chennai 600 032 culminating in Rc. No.Affln. 1(2)/ 11426/2011 dated 08.02.2017 and quash the same and further direction to the 3rd respondent to issue the continuance of provisional affiliation (C.P.A.) to the petitioner S.V.S.Medical college of Homoeopathy and Research Institute Kallakurichi for the academic year 2016-2017 2017-2018.

For Appellant : Mr.P.Dineshkumar for Mr.D.Ravichander For respondents : Mr.R.Jayaprakash for R1 M/s.N.Rajan for R2 Mr.T.Arunkumar, Govt. Advocate for R4 NA for R3

JUDGMENT

(Judgment of the Court was pronounced by T.RAJA.J) This Writ Appeal has been directed against the impugned order dated 11.10.2017 in W.P.No.18387/2017 passed by a learned Single Judge of this Court in and by which a direction was issued to the Tamil Nadu Dr.MGR Medical University, the appellant herein to include the SVS Educastional and Social Trust, No.74, Gandhi Road, Kallakurichi, Villupuram District for Counselling in respect of the Naturopathy, pending disposal of the Writ Petition.

2.

When the matter was called today, learned Counsel for the appellant submitted that while entertaining this Writ Appeal, an order of interim stay was granted on 09.11.2017 by this Court. Aggrieved thereby, the appellant also went up to Apex Court by filing a Special Leave Petition in Civil Appeal No.10920/2018 and the Apex Court considering the entire concept of the matter passed a detailed order dated 12.11.2018 reported in 2019 (12) SCC 613 (The Tamil Nadu Dr. MGR Medical University rep. by its Registrar, No.69, Anna Salai, Guindy, Chennai-600 032 vs. SVS Educational and Social Trust rep. by its Chairmancum-Managing Director, No.74, Gandhi Road, Kallakurichi-606 202, Villupuram District and others). Therefore, nothing survives for further adjudication in this Writ Appeal.

3.

Recording the same, the Writ Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tsi To 1.The Secretary, Government of India, Ministry of Ayurvedha, Yoga & Naturopathy, Unani, Siddha & Homeopathy (AYUSH), Ayush Bhavan, B Block, GPO Complex INA, New Delhi-110 023.

2.The Secretary, Central Council of Homeopathy, No.61-65, Institutional Area Opposite, D Block, Janakpuri, New Delhi-110 058.

3.The Special Commissioner, Director of Indian Medicine & Homeopathy, Aringnar Anna Hospital Complex, Arumbakkam, Chennai-600 106.

+1cc to M/s.D.Ravichander, Advocate (SR.NO.34166) +1cc to Special government Pleader (SR.NO.33930) W.A.No.1412/2017 RP (CO) PR (12/08/2021)