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Madras High CourtWP/32918/2022disposed of

A.Mahathy v. The Health Secretary

2022-12-08Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2022

CORAM

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN W.P.No.32918 of 2022 and WMP.Nos.32316 & 32317 of 2022 A.Mahathy ... Petitioner Vs 1.The Health Secretary Medical Counselling Committee (MCC) Directorate General of Health Services Nirman Bhavan New Delhi - 110 011.

2.The National Medical Commission Pocket-14, Sector-8 Dwaraka Phase-1 New Delhi - 110 075.

3.The Government of Tamil Nadu Rep by Health Secretary Secretariat Buildings Fort St.George Chennai - 600 009.

4.The Additional Director of Medical Education / Secretary Selection Committee Directorate of Medical Education No.162, Periyar EVR High Road Kilpauk, Chennai - 600 010.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records and quashing the notification No.018/SCS1(1)/2022 dated 26.11.2022 of the Selection Committee of Director of Medical Education who is the fourth respondent herein and to direct the fourth respondent herein to permit the petitioner to participate in third round (MOP-UP online counselling) of UG-NEET online counselling of MBBS course under NRI quota to be conducted by the fourth respondent herein and without insisting to pay fees/security deposit/tuition fees. For Petitioner : Mr.B.Ramamoorthy For Respondents : Mr.A.Murugan Central Government Standing Counsel for R1 Mr.Shubaranjani Ananth for R2 Mr.T.Sreenivasan Special Government Pleader for R3 Ms.M.Sneha for R4

ORDER

The challenge in the writ petition is to the action of the Selection Committee in conducting an extended second round counselling and preventing the petitioner from participating in the said extended counselling. 2/4

2. The Additional Director of Medical Education / Secretary to Selection Committee has filed an affidavit stating that the disqualification of the petitioner, and like students is a mistake and hence, the earlier counselling is cancelled. The said exercise will be re-done by conducting a counselling today (08.12.2022) between 6.30 p.m., to 8.30 p.m., for the fourteen seats shown in the seat matrix for the extended second round of counselling, allowing all the candidates to participate on merit.

3. In view of the same, the writ petition is disposed of, as no further orders are necessary. No costs. Consequently, connected miscellaneous petitions are closed.

08.12.2022 Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order ds 3/4

R.SUBRAMANIAN. J., ds To:

1.The Health Secretary Medical Counselling Committee (MCC) Directorate General of Health Services Nirman Bhavan, New Delhi - 110 011.

2.The National Medical Commission Pocket-14, Sector-8 Dwaraka Phase-1, New Delhi - 110 075.

3.The Health Secretary Government of Tamil Nadu Secretariat Buildings Fort St.George, Chennai - 600 009.

4.The Additional Director of Medical Education / Secretary Selection Committee Directorate of Medical Education No.162, Periyar EVR High Road Kilpauk, Chennai - 600 010.

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