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Madras High CourtWP/31588/2018allowed

Meyyappan Subramanian v. The Director

2018-12-10Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.31588 of 2018 and WMP.NO.36812/2018 Meyyappan Subramanian ..

Petitioner -vs1. The Director Medical Council Education Kilpauk, Chennai 600 010

2. The Registrar Tamil Nadu Dr.MGR Medical University 69, Anna Salai Guindy, Chennai 600 032

3. The Dean Madras Medical College Near Park Town Station, Park Town Chennai, Tamil Nadu 600 003 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to approve the transfer of CRRI of the petitioner to Madras Medical College as per the "no objection certificate" issued by third respondent dated 10.08.2018.

For Petitioner ::

Mr.V.Raghavachari For Respondents ::

Mr.V.Kadhirvelu Special Government Pleader for R1 & 3 Mr.G.Hari Hara Arun Soma Sankar Standing Counsel for R2

ORDER

Mr.Meyyappan Subramanian, who had completed the M.B.B.S Degree during December, 2017 in Sri Ramachandra Medical College and Research Institute, Porur, Chennai, which is a deemed to be University, was issued with the provisional pass certificate by

the University and the same was also registered with the Tamil Nadu Medical Council bearing Registration No.PR347/2018. Mr.V.Raghavachari, learned counsel for the petitioner submitted that since the petitioner is expected to do the CRRI for a period of twelve months, on completion of six months at Sri Ramachandra Medical College and Research Institute, Porur, for the remaining period, the petitioner has requested the Registrar of Tamil Nadu Dr.MGR Medical University, the second respondent herein to permit him to do the CRRI at Madras Medical College, the third respondent herein.

In an effort to gain more exposure, citing a reason that the workload in Madras Medical College is always heavy and different patients from various categories used to come for treatment, he has also agreed to forgo his stipend for the CRRI at the Madras Medical College, as per the Regulations framed by the University for transfer of CRRI. For the said purpose, the petitioner has to obtain no objection certificate from the institution where he lastly studied i.e. Sri Ramachandra Medical College and Research Institute and also a no objection certificate from the college where the petitioner intends to do the CRRI. Admittedly, in this case, Sri Ramachandra Medical College and Research Institute, Porur has issued the no objection certificate on 4.7.2018 and the no objection certificate has also been issued by the Madras Medical College on 21.

6.2018 where the candidate intends to do the CRRI. The Tamil Nadu Dr.MGR Medical University has also issued the no objection certificate on 10.8.2018 to the petitioner to do the remaining six months CRRI in Madras Medical College. Therefore, when the petitioner has complied with the requisite norms, there cannot be any impediment for the Director of Medical Education, Kilpauk to grant the necessary permission. Hence, the writ petition has been filed seeking a mandamus to the Director of Medical Education, Chennai, the first respondent herein to approve the transfer of the petitioner to do the CRRI at the Madras Medical College, Chennai on the basis of the aforementioned no objection certificates, he pleaded.

2. Heard the learned Special Government Pleader for the respondents 1 & 3 and the learned standing counsel for the second respondent.

3. Admittedly, in the case on hand, the petitioner has obtained three no objection certificates, one from the Tamil Nadu Dr.MGR Medical University, the second from the Madras Medical College where he intends to do the CRRI and the third from the Sri Ramachandra Medical College and Research Institute, where he underwent the CRRI for a period of six months. Therefore, this Court, finding that the petitioner has complied with the requisite norms, hereby directs the Director of Medical Education, Kilpauk, Chennai, the first respondent herein to pass appropriate orders permitting the petitioner to do the remaining six months CRRI at the third respondent-Madras Medical College

expeditiously, preferably within a period of one week from the date of receipt of a copy of this order. With this direction, the writ petition stands allowed. Consequently, W.M.P.No.36812 of 2018 is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ss To

1. The Director Medical Council Education Kilpauk, Chennai 600 010

2. The Registrar Tamil Nadu Dr.MGR Medical University 69, Anna Salai Guindy, Chennai 600 032

3. The Dean Madras Medical College Near Park Town Station, Park Town Chennai, Tamil Nadu 600 003 +1cc to Mr.V.Raghavachari, Advocate sr.no.84878 +1cc to Government Pleader in sr.no.85477 W.P.No.31588 of 2018 kk(co) nr 07/01/2019