Asan Memorial Dental College v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2016
CORAM:
THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.35875 of 2016 and W.M.P.No.30814 of 2016 Asan Memorial Dental College & Hospital, Rep. by Mrs.Shymala General Secretary, Asan Memorial Group Association, No.12, Dr.T.V.Road, Chetpet, Chennai - 600 031.
... Petitioner
Versus
1. Union of India, rep. by The Secretary, Ministry of Health & Family Welfare, (Dental Education Section), Nirman Bhawan, Maulana Azad Road, New Delhi - 110 011.
2. Dental Council of India, Rep. by its Secretary, Aiwan - Ghalib Marg.
Kotla Road, Temple Lane, New Delhi - 110 002.
3. State Rep. by its Secretary, Health and Family Welfare, Government of Tamilnadu, Fort St. George, Chennai - 600 009.
4. Director of Medical Education, Directorate of Medical Education 162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.
5. Tamil Nadu Dental Council Arihant Majestic Towers, 5-0-3. #216, Jawaharlal Nehru Salai, Koyambedu, Chennai - 600 107.
... Respondents
Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, to direct the first respondent herein to act on the communication of the Dental Council of India/2nd respondent dated 03.10.2016 in Letter No.D3-130-2016/7312 expediently and lower the cut off marks of the NEET-II results by 10th percentile for the academic year 2016-2017, for admission to seats offering B.D.S.course and thereby regularizing the admissions of the students in the petitioner college for the Academic Year 2016-2017.
For Petitioner :
Mr.B.Kumar, Senior Counsel for M/s.P.Muthukumarasaamy For R1 and R2 :
Mr.Su.Srinivasan Advocate General For R3 to R5 :
Mr.A.N.Thambidurai, Special Govt. Pleader
ORDER
Today, when the matter is taken up for consideration, the learned Advocate General appearing for respondents 1 and 2 brought to the notice of this Court that by an order dated 06.10.2016, the Government of India has sent a communication to the State Government of Rajasthan, requesting the State Government to withdraw/cancel immediately its order dated 30.09.2016, lowering the percentile. Further, Dental Council of India, by communication dated 05.10.2016, has categorically observed that the power to lower down the percentile is vested only with the Central Government not with any State Government and in case of any admission is made, in terms of the such regulation, such admissions will be void ab intio.
2. In that view of the matter, the present request of the petitioner seeking to reduce the percentile, when an order is being passed by Government of India, cannot be granted. This petition is therefore closed for the present with liberty to the petitioner to make a representation to the respondents and it is for the respondents to consider it on merits. No costs. Consequently, connected miscellaneous petition is closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar ogy
To
1. The Secretary, Ministry of Health & Family Welfare, (Dental Education Section), Nirman Bhawan, Maulana Azad Road, New Delhi - 110 011.
2. Dental Council of India, Rep. by its Secretary, Aiwan - Ghalib Marg.
Kotla Road, Temple Lane, New Delhi - 110 002.
3. State Rep. by its Secretary, Health and Family Welfare, Government of Tamilnadu, Fort St. George, Chennai - 600 009.
4. Director of Medical Education, Directorate of Medical Education 162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.
5. Tamil Nadu Dental Council Arihant Majestic Towers, 5-0-3. #216, Jawaharlal Nehru Salai, Koyambedu, Chennai - 600 107.
+1 CC to M/s.P.Muthukumarasaamy, Advocate Sr.No.57910. +1 CC to Government Pleader, High Court, Chennai. Sr.No.58175. W.P.No.35875 of 2016 ACA(CO) KP(12.11.2016)