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Madras High CourtWP/24576/2003dismissed

Venkataramana Ayuveda College v. Central Council Of Indian

2017-12-14Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2017

CORAM

THE HONOURABLE MR. JUSTICE R. SURESH KUMAR W.P.No.24576 of 2003 and WPMP No.30248 of 2003 Venkataramana Ayurveda College, Rep. by its Secretary, 144, Cutcheri Road, Mylapore, Chennai - 600 004.

... Petitioner Vs.

1. Central Council of Indian Medicine Institutional Area, Janakpuri New Delhi - 110 058.

2. The Tamil Nadu Dr.M.G.R.Medical University, Chennai, Rep. by its Registrar, No.69, Anna Salai, Guindy, Chennai - 600 032.

3. Commissioner of Indian Medicine & Homeopathy, Chennai - 600 106.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records of the second respondent in Lr.Rc.No.10029/Affln.III(2)/2002 dated 4.3.2003 quash the same and direct them to admit the students without insisting upon an yearly extension of permission / recognition by the first respondent.

For Petitioner : Mr.T.R.Rajaraman For Respondents : Ms.SNG Niraimathi for R1 Mr.M.Vellaisamy for R2

ORDER

The prayer sought for in this Writ Petition is for a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in Lr.Rc.No.10029/Affln.III(2)/2002 dated 04.03.2003, quash the same and direct the respondents to admit the students without insisting upon an yearly extension of permission / recognition by the 1st respondent.

2.I have heard Mr.T.R.Rajaraman, learned counsel appearing for the petitioner, Ms.CNG Niraimathi, learned counsel appearing for the 1st respondent and Mr.M.Vellaisamy, learned counsel appearing for the 2nd respondent. 3.The learned counsel, who appeared for the Tamil Nadu Dr.M.G.R.Medical University, Chennai, would submit that, as directed by this Court, in the impugned order dated 04.03.2003, the respondent/University had intimated the petitioner that extension of approval from the Central Council of Indian Medicine to the petitioner/Institute was not obtained and produced to the University in time for consideration of granting permission to the petitioner Institute for admitting the students for the academic year 2003-2004 and therefore, the University directed the petitioner to produce such extension of approval of the Central Council of Indian Medicine for the year 2003-2004 on or before 31.03.2003. Challenging the said order, the present Writ Petition has been filed.

4.Since the issue raised in this Writ Petition is pertaining to the academic year 2003-2004 and subsequent to the order of extension of permission from the Central Council of Indian Medicine, the Institute would have been permitted by the respondent University for admitting the students for the academic year 2003-2004, or otherwise, if no extension of permission was approved, the petitioner would not be entitled to any benefit to admit the students. Hence, no further adjudication is required to be made in this Writ Petition as the prayer sought for in this Writ Petition has already become infructuous.

In view of the same, this Writ Petition is dismissed as infructuous as no further adjudication is required. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mps

To

1. Central Council of Indian Medicine Institutional Area, Janakpuri New Delhi - 110 058.

2. The Registrar, Tamil Nadu Dr.M.G.R.Medical University, Chennai, No.69, Anna Salai, Guindy, Chennai - 600 032.

3. Commissioner of Indian Medicine & Homeopathy, Chennai - 600 106.

W.P.No.24576 of 2003 and WPMP No.30248 of 2003 CS-III EU(09/01/2018)