The Directorate Of Medical Education (Dme) v. Parthumnan K.A.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY The Directorate of Medical Education (DME), 156, Poonamallee High Road, New Bupathy Nagar, Chetpet, Chennai-600 031.

.. Appellant Vs 1.Prathumnan K.A.

Minor, represented by his Mother Kousalya W/o.Ambigapathy.G, residing at Thennamanadu, Orathanadu Taluk Thanjavur District.

2.The Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.

3.The Principal, (Bachelor of Dental and Surgery Department) Annamalai University, Annamalai Nagar, Chidambaram, Tamil Nadu - 608 002.

.. Respondents

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 9.11.2022 passed in W.P.No.29702 of 2022 For the Appellant : Mr.J.Ravindran Addl. Advocate General assisted by Mrs.R.Anitha Spl. Government Pleader For the Respondents : Mrs.N.Sneha Standing Counsel for respondent No.2

JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice) The Directorate of Medical Education has filed this writ appeal challenging the following directions issued by the learned Single Judge in the order dated 9.11.2022 passed in W.P.No.29702 of 2022:

"10. In view of the settled legal position and also the fact that retaining the certificates of the petitioner against the due of Rs.10,00,000/- to be paid by the petitioner as per the bond, by the third respondent,

may not be justifiable, this Court, by following the judgement cited supra, is inclined to dispose of this writ petition with the following orders:- (a) that there shall be a direction to the third respondent to release all the original certificates held back by the third respondent to the petitioner forthwith, within a period of one week from the date of receipt of a copy of this order (b) On receipt of the certificates, it is open to the petitioner to produce those certificates to the institution concerned where he has been selected for the First Year MBBS course for the academic year 2022- 2023.

(c) The concerned institution, on receipt of the certificates from the petitioner, shall accept it and give admission to the petitioner in the First Year MBBS Course for the academic year 2022-2023.

(d) It is made clear that in this regard, if there is any further impediment for the institution concerned to give admission to the petitioner, the issue can be clarified by the second respondent-Selection Committee, in view of the order passed by this Court."

2. When the matter was taken up, Mr.J.Ravindran, learned

Additional Advocate General appearing for the appellants, fairly submitted that the writ petitioner/first respondent herein has paid the sum of Rs.10 lakh and his certificates have been returned and, therefore, nothing further remains for adjudication in this writ appeal.

In view of the above submission made by learned Additional Advocate General, no further orders are required to be passed in this writ appeal, which is accordingly closed. There will be no order as to costs. Consequently, C.M.P.No.22972 of 2022 is closed. (T.R., ACJ.) (D.B.C., J.) 06.01.2023 Index : Yes/No sasi To The Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.

T.RAJA, ACJ.

AND D.BHARATHA CHAKRAVARTHY, J.

(sasi) 06.01.2023