Nivetha M.K v. Union Of India Represented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN & W.M.P.(MD)No.1896 & 1897 of 2022 M.K.Nivetha ... Petitioner vs.
1. Union of India, Represented By The Principal Secretary, Ministry of Health and Family Welfare, Union of India, A-Wing, Nirman Bhawan, New Delhi - 110 011.
2. The Central Board of Secondary Education, Represented by its Joint Secretary, National Eligibility Certificate -Cum -Entrance Test Unit, Shiksha Kendra, 2, Community Centre, Preet Vihar, New Delhi - 110 092.
3. National Testing Agency, Represented by the Senior Director, C-20, 1A/8, Sector 62, IITk Outreach Centre, Noida - 201 309.
4. National Medical Commission, Represented By, the Chairman, National Medical Commission, Pocket -14, Sector -8, Dwarka Phase -1, New Delhi - 110 077.
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5. State of Tamil Nadu, Represented By, The Principal Secretary, Department of Health and Family Welfare, State Secretariat, Fort St.George, Chennai - 600 009
6. The Secretary, Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.
7. Rajiv Gandhi Government General Hospital, Represented by the Senior Civil Surgeon, Regional Medical Board, Rajiv Gandhi Government General Hospital, Chennai - 600 003.
8. The Dean, Madras Medical College and Rajiv Gandhi Government General Hospital, EVR Salai, Chennai - 600 003.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records connected with the Impugned Certificate issued by the Respondent No.7 in Certificate No.029953/RMB/RGGGH/21 dated 24.12.2021 and provide a fresh Certificate of Disability to make the petitioner as "Eligible" for admission in Medical / Dental courses in Tamil Nadu, Consequently direct the Respondent No.6 for allowing me to take part in Tamil Nadu MBBS Counseling on the basis of the petitioner's rank obtained in 'National Eligibility cum Entrance Test (UG)-2021' under the category of Person with Disability (PwD) in accordance with law within the time stipulated by this Court. 2/6
For Petitioner :Mr.R.Mani for Mr.R.Alagumani For Respondents :Mr.K.Govindarajan (R1) Deputy Solicitor General of India Mr.P.Karthick (R2 & R3) Standing Counsel Mr.Subharanjani Ananth (R4) Ms.M.Sneka (R5 to R8) for Mr.S.Shaji Bino Special Government Pleader
ORDER
Mr.R.Mani, representing Mr.R.Alagumani, states that the petitioner has since secured admission in the National Institute of Technology at Tiruchirappalli and is currently undergoing 6th semester course, she is not interested in prosecuting this writ petition any more. Consequently, he seeks permission to withdraw this writ petition. Permission is granted. This writ petition is dismissed as withdrawn.
2. This Court places on record its appreciation for the immediate action taken by Mr.K.Govindarajan, Deputy Solicitor General of India in ensuring that JIPMER, Puducherry, constituted a medical board for the purpose of examining the petitioner. There shall 3/6
be no order as to costs. Consequently, connected miscellaneous petitions are closed.
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To:-
1. The Principal Secretary, Department of Health and Family Welfare, State Secretariat, Fort St.George, Chennai - 600 009
2. The Secretary, Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.
3. Rajiv Gandhi Government General Hospital, Represented by the Senior Civil Surgeon, Regional Medical Board, Rajiv Gandhi Government General Hospital, Chennai - 600 003.
4. The Dean, Madras Medical College and Rajiv Gandhi Government General Hospital, EVR Salai, Chennai - 600 003.
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V. LAKSHMINARAYANAN, J.
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