Madras High CourtWP(MD)/2431/2021dismissed as withdrawal

Berlin Suja.J.B v. The Director (National Eligibility Cum Entrance Test)

2021-02-10Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.2431 of 2021 and W.M.P.(MD) Nos.2004 & 2005 of 2021 J.B.Berlin Suja ... Petitioner vs 1.The Director (National Eligibility cum Entrance Test), Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi 110 092.

2.The Public Information Officer-Deputy Secretary (National Eligibility cum Entrance Test), Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi 110 092.

3.The Senior Director, National Testing Agency, Block C-20, 1A/8, Sector 62, IITK Outreach Centre, Gautam Bddh Nagar, Noida 201 309, Uttar Pradesh.

4.The Selection Committee, Directorate of Medical Education, 162, Periyar EVR High Road, Kilpauk, Chennai 10.

5.The Director, Central Bureau of Investigation (CBI), Plot No.5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi 110 003.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to issue the original optical mark recognition 1/3

(OMR) answer sheet along with its carbon copy pertaining to the petitioner's Roll no. 4107005405 and Application No.200410232161 so as to ensure the original OMR written by the petitioner and consequently direct the respondents 2 and 3 to award marks based on the relevant key issued by the 3rd respondent thereby the 4th respondent award rank based on the newly awarded marks for the admission to MBBS degree course for the years 2020-2021 within the time limit that may be stipulated by this Court. For Petitioner : Mr.C.Christopher For R4 : Mr.Sricharan Rangarajan Additional Advocate General assisted by Mr.C.Ramesh Special Government Pleader

ORDER

When this Court expressed its displeasure about the fact that the petitioner has once again approached this Court for the same relief, which was in fact granted earlier by the learned Single Judge of this Court by passing extraordinary interim order. But the petitioner for some reason could not comply with the interim order passed by this Court. However, the petitioner has chosen to approach this Court second time for the same relief and this Court strongly is of the view that these kind of cases must be strongly dealt with and to be dismissed with exemplary cost. However, considering the submission of the learned counsel for the petitioner and also the age of the petitioner, this Court has taken a lenient view allowing the petitioner to withdraw this writ petition. 2.In view of the above, this writ petition stands dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To The Selection Committee, Directorate of Medical Education, 162, Periyar EVR High Road, Kilpauk, Chennai 10.

+1 CC to SPL GP ( SR-4877[F] dated 12/02/2021 ) +1 CC to Mr.C.CHRISTOPHER, Advocate ( SR-4820[F] dated 12/02/2021 ) 10.02.2021 (PK) KV(23.02.2021) 3P 4C 3/3