S.Velayutham v. The Selection Committee, Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2017

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR W.P.No.25902 of 2004 & WPMP.No.31467 of 2004 S.Velayutham

...Petitioner

-Vs1. The Selecting Committee rep. By its Secretary Directorate of Medical Education, 2.The Director, 3.N.Imaya Devi

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents 1 and 2 herein and their men, agents or subordinates from allotting any MBBS seats in SC category in any self financing college to any candidates other than the candidates in the waiting list.

For Petitioner : Mr.Kandavadivel Doraisami For Respondents 1 & 2 : Mr.M.Elumalai, G.A.

O R D E R

The prayer sought for in this writ petition is for a writ of Mandamus forbearing the respondents 1 and 2 herein and their men, agents or subordinates from allotting any MBBS seats in SC category in any self financing college to any candidates other than the candidates in the waiting list.

2. I have heard Mr.Kandavadivel Doraisami, learned counsel for the petitioner and Mr.M.Elumalai, learned Government Advocate appearing for the respondents 1 and 2.

3. Learned counsel for the petitioner submits that at

the time of admission an interim order was passed by this Court on 09.11.2004 granting an interim injunction restraining the respondents 1 and 2 from allotting MBBS seats in SC category in any self financing college to any other candidates excepting those who are in the waiting list.

4. Though such an interim order was passed subsequently, what had happened has not been informed by the petitioner and in that context it was passed over and the learned counsel for the petitioner would submit that he is not able to contact the petitioner.

5. I have heard the learned Government Advocate for the respondents 1 and 2 also.

6. Since the issue raised in this writ petition pertains to allotment of seats for MBBS courses under SC category for the academic year 2003-2004, if any allotment had already been made, the student would have completed the course and if no allotment had been made, even the college would have completed the admissions and the admission for the said academic year would have been over long back. In academic matters, in every academic year admissions are being made and the institutions cannot carry forward the admissions to the next academic year. Effectively nothing survives in this writ petition to adjudicate the issue and to pass orders on merits.

7. In view of the said fact, this court feels that the prayer sought for in this writ petition cannot be granted at this moment because of efflux of time and therefore, this writ petition is dismissed as no issue worth to be adjudicated in at this point of time. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar smi To

1. The Secretary Selecting Committee, Directorate of Medical Education,

2.The Director, W.P.No.25902 of 2004 RJ(CO) RRK(24/01/2018)