Sri Venkateswara Medical v. The Pondicherry University
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.Nos.12968 & 12969 of 2017 W.M.P.Nos. 13838 & 13839 of 2017 Sri Venkateswara Medical College Hospital and Research Centre, Represented by its Chairman, B.Ramachandhiran, No.13-A, Pondy Viluppuram Main Road, Ariyur, Puducherry - 605 102.
...Petitioner in both W.Ps.
-Vs1. The Pondicherry University, Represented by its Registrar, Administrative Building, R.V.Nagar, Kalapet, Puducherry - 605 014.
2. The Union of India, Represented by its Secretary, Ministry of Health and Family Welfare, (Department of Health - DE Section), Maulana Azad Road, New Delhi - 110 011.
3. Medical Council of India, Represented by its Secretary, Pocket - 14, Sector - 8, Dwarka Phase - I, New Delhi - 110 077.
...Respondents 1 to 3 in both W.Ps.
Prayer in W.P.No.12968 of 2017: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for records on the file of the 1st respondent in its proceedings Ref.No.PU/AW2/SVMCH&RC/2015-16/148 dated 26.10.2015 restricting the affiliation for MS (OBG) from originally granted 2 seats to 1 seat as also the consequent restriction of affiliation to 1 seat for the course of MS (OBG) for the subsequent academic years by letters Ref.No:PU/AW-2/SVMCH&RC/2016-17/91 dated 28.07.2016, Ref.No.PU/AW-2/SVMCH&RC/2016-17/124 dated 19.10.2016 consequent imposition of fine by the 1st respondent in letter
Ref.No:PU/AW-2/SVMCH&RC/2016-17/162 dated 19.01.2017 Ref.No:PU/AW-2/SVMCH&RC/2016-17/210 dated 30.03.2017 and quash the same as unconstitutional, invalid and illegal being ultra vires and contrary to the permission granted by the 2nd respondent for the intake of 2 seats for the course MS (OBG) and direct the 1st respondent to refund the amount of Rs.75,000/- (Rupees Seventy Five Thousand only) collected as fine from the petitioner.
Prayer in 12969 of 2017: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for records on the files of the 1st respondent in its proceedings Ref.No:PU/AW-2/1/SVMCH&RC/201718/234 dated 03.05.2017 and quash the same as unconstitutional, invalid and illegal contrary to the recognition and permission granted by the 2nd respondent for the Under Graduate and Post Graduate Medical Courses.
Appearance of the counsel in both W.Ps For Petitioner : M/S.T.V.Lakshmanan For R1 : No appearance For R2 : Mr.Venkataswamy Babu Senior Panel Counsel For R3 : Ms.Shubharanjani Ananth Standing Counsel COMMON ORDER The learned counsel for the petitioner submits that the relief sought for in these Writ Petitions has become infructuous by virtue of the order passed by the Pondicherry University and hence, nothing survives for further adjudication.
2. In view of the above submission, both the Writ Petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar jd/sp
To
1. The Registrar, The Pondicherry University, Administrative Building, R.V.Nagar, Kalapet, Puducherry - 605 014.
2. The Secretary, The Union of India, Ministry of Health and Family Welfare, (Department of Health - DE Section), Maulana Azad Road, New Delhi - 110 011.
3. The Secretary, Medical Council of India, Pocket - 14, Sector - 8, Dwarka Phase - I, New Delhi - 110 077.
W.P.Nos.12968 & 12969 of 2017 W.M.P.Nos. 13838 & 13839 of 2017 PM(CO) SU(21/01/2022)