G.S.Rakesh Rabinder v. Controller Of Examinations

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NOS.17573 TO 17577 OF 2017 W.M.P.NOS.31202, 31199, 31200, 31201, 19092, 19094, 19096, 19098 AND 31198 OF 2017

1. G.S.RakeshRabinder ... Petitioner in W.P.No.17573 of 2017

2. A.Anishkumar ... Petitioner in W.P.No.17574 of 2017

3. D.Pradossh S/o.S.Deivasikamani ... Petitioner in W.P.No.17575 of 2017

4. C.Jonathan Kevin Santhosh ... Petitioner in W.P.No.17576 of 2017

5. R.N.Aiswarya D/o.Mr.P.Ravindran Nair ... Petitioner in W.P.No.17577 of 2017 .Vs.

1. The Controller of Examinations, The Pondicherry University, Administrative Building, R.V.Nagar, Kalapet, Puducherry-605 014.

2. Sri Venkateswara Medical College & Research Centre (SVMCH), By its Chairman, Ariyur, Puducherry.

3. Government of Puducherry, Secretary(Health).

Health Secretariat, Pondicherry.

4. The Medical Council of India, Rep. by its Secretary, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi - 110 077.

5. The Puducherry Union Territory, All Centac Students Parents Association, Rep. by its President, No.10, 9th Cross, Krishna Nagar, Lawspet, Puducherry - 605 008.

... Respondents in all W.Ps (R5 is suo motu impleaded as per order dated 23.10.2017 by NKKJ in W.P. Nos.25062,25066,17527,17556 & 17573 to 17577 of 2017) COMMON PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records on the files of the 1st respondent in its proceedings No.PU/CE/E5/2017/273 dated 05.07.2017 and quash the same as discriminatory and arbitrary hence unconstitutional in so far as it excludes and discriminates against qualified students admitted in the 2nd respondent under the management quota (NEET 2016) in conformity with relevant Regulations formulated by the 4th respondent from appearing in 1st year MBBS degree examination on the same schedule of dates applicable for all the students admitted in the year 2016.

For Petitioner :

Mr.S.K.Raja in all W.Ps For Respondent 1 :

Mrs.A.V.Bharathi in all W.Ps For Respondent 2 :

Mr.T.V.Lakshmanan in all W.Ps For Respondent 3 :

Mrs.V.Usha, AGP in all W.Ps For Respondent 4 :

Ms.Subaranjani in all W.Ps For Respondent 5 :

Mr.M.Ravi in all W.Ps

ORDER

This petition has been filed calling for the records on the files of the 1st respondent in its proceedings No.PU/CE/E5/2017/273 dated 05.07.2017 and quash the same as discriminatory and arbitrary hence unconstitutional in so far as it excludes and discriminates against qualified students admitted in the 2nd respondent under the management quota (NEET 2016) in conformity with relevant Regulations formulated by the 4th respondent from appearing in 1st year MBBS degree examination on the same schedule of dates applicable for all the students admitted in the year 2016.

2. The relief sought for in this writ petition does not survive and accordingly this writ petition is closed as infructuous. No Costs. Consequently, connected miscellaneous petitions are closed.

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

1. The Controller of Examinations, The Pondicherry University, Administrative Building, R.V.Nagar, Kalapet, Puducherry - 605 014.

2. Sri Venkateswara Medical College & Research Centre(SVMCH), By its Chairman, Ariyur, Puducherry.

3. The Government of Puducherry, Secretary(Health), Health Secretariat, Pondicherry.

4. The Medical Council of India, Rep. by its Secretary, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi - 110 077.

5. The Puducherry Union Territory, All Centac Students Parents Association, Rep. by its President, No.10, 9th Cross, Krishna Nagar, Lawspet, Puducherry - 605 008.

+1cc to Mrs.A.V.Bharathi, Advocate, S.R.No.46764 +1cc to the Government Pleader(Puducherry), S.R.No.47299 W.P.NOS.17573 TO 17577 OF 2017 W.M.P.NOS.31202, 31199, 31200, 31201, 19092, 19094, 19096, 19098 AND 31198 OF 2017 PPA(CO) PBS/05/10/2021