Dr.M.Gunasekaran v. The Executive Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2016

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.911 of 2016 and W.M.P.No.697 of 2016 Dr.M.Gunasekaran ... Petitioner Vs.

1. The Executive Director, The National Board of Examinations, Ansari Nagar, Mahatma Gandhi Marg, Ring Road, New Delhi - 110 029,

2. The Secretary, Government of India, Ministry of Health and Family Welfare, Shastri Bhavan, New Delhi - 110 001,

3. The Secretary, Government of Tamilnadu, Health and Family Welfare Department, Fort St.George, Chennai-9.

... Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 1st respondent herein to consider the grievances of the petitioner and conduct the post graduate examination of All India Post Graduate Medical Entrance Examination (AIPGMEE) at Chennai Centre on 11.01.2016 as declared earlier by the 1st respondent herein.

For Petitioner : Mr.R.Rajiv Gandhi For Respondents : Mr.Dhurwa for M/s.Anand Samy & Dhurva for R.1 Mr.Su.Srinivasan, Asst.Solicitor General for Respondent No.2 Mrs.P.Rajalakshmi, Govt.Advocate for R.3

O R D E R

The petitioner, being one of the candidate, proposing to write the All India Post Graduate Medical Entrance Examination (AIPGMEE), has come forward to file this writ petition seeking to conduct the same at Chennai as against the Centre at Pune.

2. Learned counsel appearing for the petitioner submitted that though Chennai was fixed as Centre earlier to conduct the above said examination, it was changed abruptly to Pune without any basis.

3. While it can be accepted that the change of venue to write the examination in view of the recent floods would cause hardship to the petitioner and similarly placed persons, learned counsel appearing for respondent No.1 submitted that the Centre at Pune has been fixed after considering the relevant issues and all arrangements have been made. The candidates have booked their tickets and examination is scheduled to be held on 11.1.2016. The petitioner does not have a vested right to insist for centre at Chennai.

4. As rightly submitted by the learned counsel for respondent No.1, the petitioner does not have a legal right to insist that the examination has to be conducted at a particular centre. It is not as if the decision is arbitrary. The ensuing examination has to be held on 11.1.2016. Except the petitioner, no other person has come forward to file writ petition. Considering the fact that the request of the petitioner, if considered, would crate more problem than it is existing as of now, no relief can be granted.

5. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.

sd/- Assistant Registrar(Cs-V) /TRUE COPY/ Sub-Assistant Registrar usk To

1. The Executive Director, The National Board of Examinations, Ansari Nagar, Mahatma Gandhi Marg, Ring Road, New Delhi - 110 029,

2. The Secretary, Government of India, Ministry of Health and Family Welfare, Shastri Bhavan, New Delhi - 110 001,

3. The Secretary, Government of Tamilnadu, Health and Family Welfare Department, Fort St.George, Chennai-9.

+1 CC to M/s.Anand Samy & Dhurva Advocate. SR.NO.1593 +1 CC to Govt.Pleader. SR.NO.1787 W.P.No.911 of 2016 CO-GJ JD 27/01/2016