S.Balamurugan v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.11290 of 2024 S.Balamurugan ... Petitioner Vs.
1.The Principal Secretary, Health and Family Welfare Department, Fort St.George, Secretariat, Chennai- 600 009.
2.The Director, Director of Medical Education, No. 162 EVR Periyar Salai, Kilpauk, Chennai 600 010.
3.The Registrar, Dr.M.G.R.Medical University, Guindy, Chennai-600 032.
4.The Principal, Velammal College of Nursing, Thoothukudi Ring Road, Anuppanadi, Madurai 625 009.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to readmit the petitioner in the 3rd year B.Sc., Nursing Course at the 4th respondents college for the Academic Year 2024-2025 based on the 1/6
petitioner's representations dated 29.04.2024 and 15.05.2024 within the time limit that may be stipulated by this Court. For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.A.Baskaran Additional Government Pleader
ORDER
The petitioner has filed this Writ Petition seeking a Writ of Mandamus directing the respondents to readmit the petitioner in the 3rd year B.Sc., Nursing Course at the 4th respondent's college for the Academic Year 2024-2025 based on the petitioner's representations dated 29.04.2024 and 15.05.2024 within the time limit that may be stipulated by this Court.
2. Heard Mr.A.D.Ganeshamoorthi, learned counsel for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader for the respondents.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/6
4. The petitioner herein had given representations to the respondents on 29.04.2024 and 15.05.2024 seeking to readmit the petitioner in the III year B.Sc., Nursing Course at the 4th respondent's college for the Academic Year 2024-2025. The petitioner has submitted all the relevant particulars along with the above representations in this regard. Since the said representations were not considered by the respondents so far, the present writ petition has been filed.
5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame. 3/6
6. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representations dated 29.04.2024 and 15.05.2024 on its own merits and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on its own merits.
7. With the above direction, the Writ Petition stands disposed of. No costs.
22.05.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No ta Note: Issue order copy on 23.05.2024 4/6
To 1.The Principal Secretary, Health and Family Welfare Department, Fort St.George, Secretariat, Chennai- 600 009 2.The Director, Director of Medical Education, No. 162 EVR Periyar Salai, Kilpauk, Chennai 600 010 3.The Registrar, Dr.M.G.R.Medical University, Guindy, Chennai-600 032 4.The Principal, Velammal College of Nursing, Thoothukudi Ring Road, Anuppanadi, Madurai 625 009.
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R.N.MANJULA , J.
ta Order made in W.P.(MD)No.11290 of 2024 22.05.2024 6/6