Madras High CourtWMP(MD)/1470/2018ordered

M/S. Maria Homoeopathic v. The Union Of India Rep. By

2018-05-10Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Tenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ WMP(MD) No.1470 of 2018 IN WP(MD) No.21883 of 2016 M/S. MARIA HOMOEOPATHIC MEDICAL COLLEGE & HOSPITAL REP. BY PRINCIPAL, PERAI, THIRUVATTAR, KANYAKUMARI DISTRICT, TAMIL NADU. ... PETITIONER/PETITIONER Vs 1 THE UNION OF INDIA, REP. BY MINISTRY OF AYURVEDA, YOGA & NATUROPATHY,UNANI, SIDDHA & HOMOEOPATHY (ASYUSH), AYUSH BHAVAN, B-BLOCK, GPO COMPLEX, INA, NEW DELHI 110 023.

2 THE CENTRAL COUNCIL OF HOMEOPATHY, JANAKPURI, NEW DELHI 58.

3 THE TAMIL NADU DR.MGR MEDICAL UNIVERSITY, NO.69 ANNA SALAI, GUINDY CHENNAI 600 032.

4 THE ADDITIONAL CHIEF SECRETARY CUM COMMISSIONER OF INDIAN MEDICINE & HOMOEOPATHY, CHENNAI 600 106. ... RESPONDENT/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the 3rd respondent herein to publish the results of the BHMS arrear examinations for the academic year 2016-2017 in which students are permitted to appear as per the interim order dated 14.12.2017 in WP(MD) 21883 of 2016 pending disposal of the WP ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.VEERA KATHIRAVAN for VEERA ASSOCIATES, Advocate

for the petitioner and of MRS.S.SRIMATHY, Standing counsel for R1 & R2, and MR.C.KARHTIK, Advocate for R3, and MR.M.JEYAKUMAR, Additional Government Pleader for R4, the court made the following order:- (Order of the Court was made by M.GOVINDARAJ, J.) This petition is filed by the petitioner-College to direct the third respondent to publish the results of BHMS arrear examinations for the academic year 2016-2017 in which the students are permitted to appear as per the interim order dated 14.12.2017 in W.P(MD)No.21883 of 2016.

2. Mrs.S.Srimathy, learned standing counsel appearing for respondents 1 & 2, Mr.C.Karthik, learned counsel appearing for the third respondent and Mr.M.Jeyakumar, learned Additional Government Pleader appearing for the fourth respondent, have vehemently opposed this petition.

3. Considering the facts and circumstances of the case and in view of the previous orders, this Court is inclined to allow this petition. Accordingly, this Writ Miscellaneous Petition is allowed. The third respondent is directed to publish the results of the BHMS arrear examinations for the academic year 2016-2017 forthwith. Further, the respondents are directed to accept the examination fees and permit the students to write the forthcoming examinations, however withhold the results pending disposal of this writ petition.

4. The petitioner is directed to pay appropriate examination fees with penalty and comply with all the legal requirements in time.

5. The Registry is directed to list the Writ Petition for final hearing on 12.06.2018. The learned counsel appearing on both sides undertook that they will argue the matter on that day without fail.

sd/- 10/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MINISTRY OF AYURVEDA, UNION OF INDIA, YOGA & NATUROPATHY,UNANI, SIDDHA & HOMOEOPATHY (ASYUSH), AYUSH BHAVAN, B-BLOCK, GPO COMPLEX, INA, NEW DELHI 110 023.

2 THE CENTRAL COUNCIL OF HOMEOPATHY, JANAKPURI, NEW DELHI 58.

3 THE TAMIL NADU DR.MGR MEDICAL UNIVERSITY, NO.69 ANNA SALAI, GUINDY CHENNAI 600 032.

4 THE ADDITIONAL CHIEF SECRETARY CUM COMMISSIONER OF INDIAN MEDICINE & HOMOEOPATHY, CHENNAI 600 106.

COPY TO :

THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.VEERA ASSOCIATES, Advocate SR.No.8411 +1. C.C. to M/S.C.KARTHIK, Advocate SR.No.8406

ORDER

IN WMP(MD) No.1470 of 2018 IN WP(MD) No.21883 of 2016 Date :10/05/2018 PK/CM/VK/10.05.2018 : 3P/8C