O.P.R.Memorial College Of v. The Secy.To Govt.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.13801 of 2004 and W.P.M.P.Nos.16226 & 16227 of 2004 O.P.R.Memorial College of Paramedical Science (School of Nursing) Represented by its Correspondent & Secretary, R.Selvaraj, Suddha Sanmarga Nilayam, Vadalore, Cuddalore District.
... Petitioner Vs.
1. The Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai.
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, Tamil Nadu Nursing and Midwives Council, Jayaprakash Narayanan Maligai, 140, Santhome High Road, Mylapore, Chennai - 600 004.
... Respondents
PRAYER:
Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified 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.124, Health and Family Welfare department dated 23.03.2001 issued by the 1st respondent and (iii) D.O. letter of 3rd respondent sent in Ref.No.43930/PME(1)/ 2003, dated 08-07-2003 and quash the impugned (i) clause 7 of paragraph 4 in respect of number of admission of the above said guidelines dated 28.07.1987 and (ii) the consequential condition in respect of the annual intake of students as 15, as imposed in the above permission order dated 23.03.2001 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 recognition order of TamilNadu Nursing & Midwives council and the regulation of the Indian Nursing council, by ignoring the declaration in respect of admission of students, obtained from the petitioner institution. For Petitioner : Mr.S.Rajendran For Respondents : Mr.A.Kumar, Special Government Pleader for R1 to R3 No appearance for R4 Mr.P.S.
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. Accordingly, the writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vsi
To
1. The Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai.
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, Tamil Nadu Nursing and Midwives Council, Jayaprakash Narayanan Maligai, 140, Santhome High Road, Mylapore, Chennai - 600 004.
+1cc to the Government Pleader, S.R.No.58173 W.P.No.13801 of 2004 AR J CA(28/08/2017)