Srm Medical College Hospital v. Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP Nos.9388 and 9389 of 2017 SRM Medical College Hospital & Research Centre, (SRM University- Deemed University under Sec.3 of the UGC Act), Rep. by its Dean, SRM Nagar, Kattankulathur - 603 203, Kancheepuram District, Tamilnadu.

.. Petitioner -vs1. Government of India, Ministry of Health & Family Welfare Department, (Medical Education Policy), Nirman Bhavan, New Delhi 110 011.

2. Medical Council of India, Rep. by its President, Sector-8, Dwaraka, New Delhi 110 077.

3. The State of Tamil nadu, Rep. by its Secretary, Health & Family Welfare Department, Fort St. George, Chennai 600 009.

4. The Director of Medical Education, Directorate of Medical Education, No.162, Poonamallee High Road, Kilpauk, Chennai 600 010.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration to declare the Regulation 9A of the Postgraduate Medical Education Regulation, 2000 as amended by the Postgraduate Medical Education (Amendment) Regulations, 2017 through notification of 2nd respondent Medical Council of India dated 10.3.2017 and published in the Gazette of India dated 11.3.2017 as unconstitutional and violative of Art.19(1)(g) of the Constitution of India.

For the Petitioner :

M/s.B.Saraswati For the Respondents :

Mr.J.Madhanagopal Rao Special Panel Counsel for R-1 :

Mrs.Subharanjani Anandh for R-2 :

Mr.U.Bharanidharan Addl. Govt. Pleader, for RR 3 and 4 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The learned counsel for the petitioner submits that the relief claimed in the writ petition has already been sub-served. The learned counsel submits that the writ petition has become infructuous.

The writ petition is disposed of as infructuous. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.V.G., CJ.) (P.D.A., J.) 26.06.2023 Index : yes/no : Yes/No sra To:

1. The Secretary, Government of India, Ministry of Health & Family Welfare Department, (Medical Education Policy), Nirman Bhavan, New Delhi 110 011.

2. The President Medical Council of India, Sector-8, Dwaraka, New Delhi 110 077.

3. The Secretary to Govt. of Tamil nadu, Health & Family Welfare Department, Fort St. George, Chennai 600 009.

4. The Director of Medical Education, Directorate of Medical Education, No.162, Poonamallee High Road, Kilpauk, Chennai 600 010.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 26.06.2023