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Madras High CourtWP(MD)/7732/2019closed

Dr.P.Jeyakumar, v. The State Of Tamilnadu,

2025-02-19Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM

THE HON'BLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No. 7732 of 2019 and W.M.P(MD)Nos. 6140 to 6142 of 2019 Dr.P.Jeyakumar ... Petitioner Vs.

1. The State of Tamilnadu, Rep.By its Secretary to the Government, Health and Family Welfare (MCA-1) Department, Fort.St.George, Chennai-9

2. The Director of Medical Foundation, O/o.The Director of Medical Education, Chetpet, Chennai-31

3. The Selection Committee , Represented by its Secretary, Directorate of Medical Education, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-10.

4. The Tamil Nadu Government Helath Officers Association (Recognised by G.O.1122 Public Dated 29.10.1931), Represented by its Secretary, Dr.K.Krishnaraj, MBBS, DPH, Office of Deputy Director of Health Services, Thiruvallur.

... Respondents [R-4 is impleaded vide Order of this Court, dated 10.04.2019] PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the 1/4

impugned order in G.O.(MS) No.86 Health and family welfare (MCA-1) Department dated 06.03.2019 on the file of the respondent No.1 and quash the same as illegal in so far as granting 10 percent of the marks secured in NEET per year of service to the Health Officers who are working in Tamil Nadu Health Services for getting a Post Graduate Seat in M.D(Community Medicine) in violation of the Regulation 9(2) of the Post Graduate Medical Education Regulations 2000 and the Judgment of the Hon'ble Supreme Court in State of U.P. Vs. Dinesh Singh Chauhan reported in (2016) 9 SCC 749.

For Petitioner : Mr.S.Rajasekar, for M/s.Lajapathi Roy and Associates For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader

ORDER

Under assail is the impugned order in G.O.(MS) No.86 Health and family welfare (MCA-1) Department dated 06.03.2019 on the file of the respondent No.1 in so far as granting 10 percent of the marks secured in NEET per year of service to the Health Officers who are working in Tamil Nadu Health Services for getting a Post Graduate Seat in M.D(Community Medicine) in violation of the Regulation 9(2) of the Post Graduate Medical Education Regulations 2000 and the Judgment of the Hon'ble Supreme Court in State of U.P. Vs. Dinesh Singh Chauhan reported in (2016) 9 SCC 749.

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2. Today when the matter is taken up for hearing, the Learned Counsel appearing on behalf of the petitioner would submit that the prayer sought for by the petitioner in this Writ petition has become infructuous and hence, prayed to dismiss the writ petition as infructuous.

3. Recording the aforesaid submission, this Writ petition is closed as infructuous. No Costs. Consequently, connected miscellaneous petitions are closed.

NCC : Yes / No 19.02.2025 Index : Yes / No KSA To

1. The State of Tamilnadu, Rep.By its Secretary to the Government, Health and Family Welfare (MCA-1) Department, Fort.St.George, Chennai-9

2. The Director of Medical Foundation, O/o.The Director of Medical Education, Chetpet, Chennai-31

3. The Selection Committee , Represented by its Secretary, Directorate of Medical Education, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-10.

4. The Tamil Nadu Government Helath Officers Association (Recognised by G.O.1122 Public Dated 29.10.1931), Represented by its Secretary, Dr.K.Krishnaraj, MBBS, DPH, Office of Deputy Director of Health Services, Thiruvallur.

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M.JOTHIRAMAN , J.

KSA Order made in 19.02.2025 4/4