Madras High CourtWP(MD)/18653/2017disposed of

Syed Oli, S/O.Mohamed, v. The Secretary,

2017-10-12Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18653 of 2017 Syed Oli ... Petitioner Vs.

1. The Secretary, Selection Committee, Directorate of Medical Education, Chennai.

2. The Dean, Annapoorna Medical College, Salem.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to refund the amount of Rs.1,00 000/- paid to the respondents 1 and 2 in view of getting MBBS seat at Annapoorna Medical College, Salem by taking into account, the petitioner's representation, dated 20.09.2017 to the respondents. For Petitioner : Mr.T.Villavankothai For Respondents : Mr.M.Alagathevan, Special Government Pleader ******

O R D E R

This writ petition has been filed, seeking to direct the respondents to refund the amount of Rs.1,00,000/- paid to the respondents at the time of MBBS admission at Annapoorna Medical College, Salem through counselling on the basis of the petitioner's representation dated 20.09.2017 to the respondents.

2. Heard the learned counsel appearing on either side.

3. It is the case of the petitioner that his daughter was allotted MBBS Seat at Annapoorna Medical College, Salem. At the time of admission, the 2nd respondent has demanded a sum of Rs.20,00,000/- instead of Rs.12,00,000/- as fixed by the Tamil Nadu Government through Medical Council towards one year fee. https://hcservices.ecourts.gov.in/hcservices/

Since the petitioner could not mobilize the funds, his daughter could not join. Hence, he submitted a representation to the respondents dated 20.09.2017 for refund of Rs.1,00,000/- which was paid by him, at the time of allotment in Counseling process. Since there was no response on the said representation, he is before this Court.

4. Though the petitioner has sought for a larger relief as above, the learned Counsel for the petitioner would submit that it would suffice, if the representation dated 20.09.2017 submitted by the petitioner may be directed to be considered by the respondents in a time bound manner.

5.The learned Special Government Pleader appearing for the respondents would, on instructions, submit that the respondents are prepared to consider the representation of the petitioner as per law in a time bound manner.

6. Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 20.09.2017 and pass appropriate orders thereon on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1. The Secretary, Selection Committee, Directorate of Medical Education, Chennai.

2. The Dean, Annapoorna Medical College, Salem.

+ 1 cc TO Mr.T.Villavankothai , Advocate in SR No. 82593 rm AE/SKN RSK/SAR1/30.10.2017/2P/4C W.P(MD)No.18653 of 2017 12.10.2017 https://hcservices.ecourts.gov.in/hcservices/