Karpaga Vinayaga Institute Of Medical Sciences, v. The State Of Tamil Nadu
2024:MHC:5550
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2023 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.33641 of 2023 Karpaga Vinayaga Institute of Medical Sciences, Rep. by its Principal, GST Road, Chinnakolambakkam, Madhuranthagam Taluk - 603 308.
.. Petitioner vs 1.The State of Tamil nadu Rep. by its Secretary, Department of Health and Family Welfare, Fort St.George, Chennai - 600 009.
2.The Director of Medical Education, College Road, Chennai - 600 006.
3.The Secretary, The Selection Committee, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
4.The Tamil Nadu Dr.MGR Medical University, Rep. by its Registrar, No.69, Anna Salai, Guindy, Chennai - 600 032.
5.The National Medical Commission, Rep. by its Secretary, Pocket - 14, Sector - 8, Dwarka Phase - I, New Delhi - 110 077 1/5
6.The Directorate General of Health Services Rep. by its Director Ministry of Health & Family Welfare, Government of India, Nirman Bhawan, New Delhi - 110 011 7.K.Harish .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing 3rd respondent to forthwith allot the next meritorious candidate to the vacant M.D.(General Medicine) seat under NRI quota in the petitioner college in the special stray vacancy counselling for the academic year 2023 - 2024 and to further direct the respondents 2,4,5 & 6 to approve the admissions.
For Petitioner :
Ms.Dakshayani Reddy, Senior Advocate for Mr.Richardson Wilson For Respondents :
Mr.P.Anandakumar, Government Advocate for R1, R2 Ms.M.Sneha for R3 Ms.Shubaranjani Ananth for R5 Mr.V.Chandrasekaran, SPC for R6
ORDER
Heard the detailed submissions of Ms.Dakshayani Reddy, learned Senior Advocate, appearing for Mr.Richardson Wilson, learned counsel on record and Ms.Sneha, learned counsel, for R3, who is the contesting respondent.
2. The petitioner institution seeks a mandamus directing R3 to 2/5
forthwith allot the next meritorious candidate to the vacant M.D.(General Medicine) seat under NRI quota in the petitioner college in the special stray vacancy counselling for academic year 2023 - 2024 and further direct other respondents to approve the admission so made.
3. This matter has been heard on 29.11.2023, 30.11.2023, 08.12.2023, 12.12.2023, 14.12.2023 and 20.12.2023 and the Court, awaited the decision of the First Bench in a batch of writ petitions / writ appeal challenging the selection process for the admission to PG Course / Diploma course in the State of Tamil Nadu. The matters came to be disposed on 21.12.2023 by the Bench holding that vacancies could be filled up with candidates who had choice locked their seats prior to 30.11.2023. 4.
The petitioner in this case had admitted the 7th respondent who, however, preferred to join a medical college in Andhra Pradesh, leaving the seat allotted to him vacant. It is this seat that the petitioner now wishes to have filled by way of the present writ petition.
5.
In light of the above development as recorded above, especially paragraph 3, no positive directions can be granted and instead it is left open to the petitioner to approach the respondents seeking necessary and appropriate orders.
3/5
6.
Writ petition stands disposed in terms of this order. No costs. Connected miscellaneous petition is closed. 22.12.2023 Index:Yes/No ssm To 1.The Secretary, The State of Tamil nadu Department of Health and Family Welfare, Fort St.George, Chennai - 600 009.
2.The Director of Medical Education, College Road, Chennai - 600 006.
3.The Secretary, The Selection Committee, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
4.The Tamil Nadu Dr.MGR Medical University, Rep. by its Registrar, No.69, Anna Salai, Guindy, Chennai - 600 032.
5.The Secretary, The National Medical Commission, Pocket - 14, Sector - 8, Dwarka Phase - I, New Delhi - 110 077 6.The Director The Directorate General of Health Services Ministry of Health & Family Welfare, Government of India, Nirman Bhawan, New Delhi - 110 011 4/5
DR. ANITA SUMANTH,J.
ssm 22.12.2023 5/5