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Madras High CourtWP/439/2018closed

Dr.S.R.Veena, v. The Chief Secretary To Govt.,

2018-09-04Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.439 of 2018 and W.M.P.Nos.496 to 499 of 2018

1. Dr.S.R.Veena

2. Dr.G.Dinesh Babu

3. Dr.P.Rajashree

4. Dr.K.V.Pavan Kumar

5. Dr.C.Madhav Reddy

6. Dr.T.Rahul

7. Dr.K.Gopi .. Petitioners Vs.

1. The Chief Secretary to Govt. of Puducherry, Secretariat, Goubert Avenue, Puducherry-605 001.

2. The Secretary to Government of Puducherry, Health and Family Welfare Services Department, Secretariat, Beach Road, White Town, Puducherry-605 001.

3. The Director, Department of Health and Family Welfare Services (DHFWS), Victor Samuel Street, Puducherry-605 001.

4. The Chairman, Fee Committee, Union Territory of Puducherry, No.AA-67, 1st Street, Near Rountana, Nalli Silks House, Anna Nagar, Chennai-600 040.

5. The Convenor, Centralised Admission Committee (CENTAC), PEC Campus, ECR Road, Pillaichavadi, Puducherry-605 014.

6. The President, Medical Council of India, Pocket-14, Sector-8, Dwarka, New Delhi-110 001.

7. The Registrar, Pondicherry Institute of Medical Sciences, Kalapet, Puducherry-605 014.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the 7 Nos. of separate E-mail notices dated 26.12.2017 issued by the 7th respondent to the petitioners 1 to 7 and to quash the same and consequently to direct the 7th respondent to refund the excess Annual fee amounts collected from the petitioners during the Academic Year 2017-18, within a prescribed time limit, after deducting the amounts due towards the Annual fees as approved and notified by the 2nd and 4th respondents for the academic years 2017-18 and 2018-19 for the P.G. Medical courses at the 7th respondent College. For petitioners : Mr.V.B.R.Menon For respondents : Mr.A.Gandhiraj, Govt. Pleader (Puducherry) for RR-1 to 3 and 5 No appearance for R-4 Mr.V.P.Raman for R-6 Mr.A.Jenasenan for R-7

ORDER

(The Order of the Court was made by R.Subbiah, J) The petitioner has filed this Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the 7 Nos. of separate E-mail notices dated 26.12.2017 issued by the 7th respondent to the petitioners 1 to 7 and to quash the same and consequently to direct the 7th respondent to refund the excess Annual fee amounts collected from the petitioners during the Academic Year 2017-18, within a prescribed time limit, after deducting the amounts due towards the Annual fees as approved and notified by the 2nd and 4th respondents for the academic years 2017-18 and 2018-19 for the P.G. Medical courses at the 7th respondent College.

2. When the Writ Petition is taken up for consideration, the learned counsel for the petitioners submitted that the petitioners themselves agree to pay the final fee fixed by the

Fee Committee for the medical courses. Learned counsel for the petitioners has made the following endorsement on the petition: "The petitioners are ready to pay the final fee fixed by the Fee Committee for the Medical Courses."

Learned counsel for the seventh respondent has made the following endorsement on the petition:

"The institution is willing to allow the students continue subject to payment of fee as fixed by Fee Committee."

3. In view of the above endorsements, nothing further survives for adjudication in this Writ Petition. The Writ Petition is accordingly closed. Consequently, W.M.Ps. are closed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To

1. The Chief Secretary to Govt. of Puducherry, Secretariat, Goubert Avenue, Puducherry-605 001.

2. The Secretary to Government of Puducherry, Health and Family Welfare Services Department, Secretariat, Beach Road, White Town, Puducherry-605 001.

3. The Director, Department of Health and Family Welfare Services (DHFWS), Victor Samuel Street, Puducherry-605 001.

4. The Chairman, Fee Committee, Union Territory of Puducherry, No.AA-67, 1st Street, Near Rountana, Nalli Silks House, Anna Nagar, Chennai-600 040.

5. The Convenor, Centralised Admission Committee (CENTAC), PEC Campus, ECR Road, Pillaichavadi, Puducherry-605 014.

6. The President, Medical Council of India, Pocket-14, Sector-8, Dwarka, New Delhi-110 001.

7. The Registrar, Pondicherry Institute of Medical Sciences, Kalapet, Puducherry-605 014.

+1cc to Mr.V.B.R.Menon, Advocate, S.R.No.60831 W.P.No.439 of 2018 SPD(CO) GSP(25/09/2018)