The Chairman v. The Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.19005 of 2017 and W.M.P.(MD)Nos.15367 & 15368 of 2017 The Chairman, White Memorial Homoeo Medical College, Veeyanoor Post, Attoor - 629 177, Kanyakumari District.
... Petitioner -vs1. The Union of India, Rep. by its Secretary, Ministry of Health & Family Welfare, Department of Ayurveda Yoga & Naturopathy, Unani, Siddha & Homoeopathy (AYUSH), IRCS Annexe Building, 1 - Red Cross Road, New Delhi - 110 001.
2. The Central Council of Homoeopathy (CCH), Rep. by its Secretary, Jawahar Lal Nehru Bhartiya Chikitsa, Avum Homoeopathy Anusandhan Bhavan, No.61-65, Institutional Area, Opp. 'D' Block, Janakpuri, New Delhi - 110 058.
3. The Commissioner, Directorate of Indian Medicine & Homoeopathy, Arumbakkam, Chennai-600 106.
4. Tamil Nadu Dr.MGR Medical University, Rep. by its Registrar, 69, Anna Salai, Guindy, Chennai-600 032.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order by the 1st respondent Central Government (AYUSH) in F.No.R.17014/158/2013-EP(H) dated 19.09.2017, quash the same and further direct the respondents herein to continue to treat the admission capacity of the petitioner's college as 100 seats per annum for the BHMS Degree for the academic year 2017-2018 and pass such further or other suitable order / orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
For Petitioners : Issac Mohanlal, Senior Counsel for Mr.K.Prabhu For R1 & R2 : Mr.R.Nandakumar For R4 : Mr.C.Karthik *****
O R D E R
This petition has been filed, seeking to quash the impugned order dated 19.09.2017 passed by the 1st respondent Central Government (AYUSH) in F.No.R.17014/158/2013-EP(H), by which, the 1st respondent has denied permission for admission to the BHMS course with 50 UG seats in the petitioner-college for the academic year 2017-2018. The petitioner also sought a direction to the respondents erein to continue to treat the admission capacity of the petitioner-college as 100 seats per annum for the BHMS Degree for the academic year 2017-2018.
2. When the matter is taken up for hearing, the learned counsel for the petitioner-college has submitted that the 1st respondent had already consider the claim of the petitionercollege and issued proceedings dated 26.10.2017.
3. In view of the above submission, this Court is of the view that nothing survives for further adjudication in this matter. Hence, this petition is closed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS I) /True copy/ Sub Assistant Registrar To
1. The Union of India, Rep. by its Secretary, Ministry of Health & Family Welfare, Department of Ayurveda Yoga & Naturopathy, Unani, Siddha & Homoeopathy (AYUSH), IRCS Annexe Building, 1 - Red Cross Road, New Delhi - 110 001.
2. The Central Council of Homoeopathy (CCH), Rep. by its Secretary, Jawahar Lal Nehru Bhartiya Chikitsa,
Avum Homoeopathy Anusandhan Bhavan, No.61-65, Institutional Area, Opp. 'D' Block, Janakpuri, New Delhi - 110 058.
+1cc to Mr.ISSAC CHAMBERS,Advocate,SR.90271 +1cc to Mr.R,NANDAKUMAR,Advocate,SR. 91508 +1cc to Mr.C.KARTHIK,Advocate,SR.90171 AR KK/SV MMS/SAR 4/19.12.2017/ 3P- 6C/ W.P(MD) No.19005 of 2017 29.11.2017