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) Nos.20795, 18622 and 18956 of 2017 and W.M.P.(MD)Nos.17080, 15007 & 15008 of 2017 W.P(MD) No.20795 of 2017 THE CHAIRMAN, SARADA KRISHNA HOMEOPATHIC MEDICAL COLLEGE, KULASEKHARAM, KANYAKUMARI DT., RUN BY K.V.EDUCATION TRUST, CHERUPPALOOR, KULASEKHARAM, KANYAKUMARI DT.
1. THE UNION OF INDIA, REP.BY SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, DEP. OF AYURVEDA, YOGA & NATUROPATHY, UNANI, SIDDHA & HOMOEOPATHY (AYUSH).
IRCS ANNEXE BUILDING,1-RED CROSS R0AD, NEW DELHI.
2. THE CENTRAL COUNCIL OF HOMOEOPATHY (CCH), JAWAHARLAL NEHRU BHARTIYA CHIKITSA, AVUM HOMOEOPATHY ANUSANDHAN BHAVAN, NO.61-65, INSTITUTIONAL AREA, OPP. 'D' BLOCK, JANAKPURI, NEW DELHI-110 058.
3. THE STATE OF TAMIL NADU,
4. THE ADDITIONAL CHIEF SECRETARY / COMMISSIONER
5. THE SECRETARY,
6. TAMIL NADU DR.M.G.R.MEDICAL UNIVERISTY, REP. BY ITS REGISTRAR, P.B.NO.1200, NO.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 Mandamus, directing the 3rd respondent State Government and the 4th respondent Commissioner herein to approve and register forthwith the nine students admitted against the lapsed seats in the 1st year Doctor of Medicine in Homeopathy Course (M.D.(Hom.) in the petitioner-college during the academic year 2016-2017 (name list annexed).
For R1 : Mrs.L.Victoria Gowri For R3 to R5 For R6 W.P.(MD) No.18622 of 2017 THE CHAIRMAN, SARADA KRISHNA HOMEOPATHIC MEDICAL COLLEGE, KULASEKHARAM, KANYAKUMARI DT., RUN BY K.V.EDUCATION TRUST, CHERUPPALOOR, KULASEKHARAM, KANYAKUMARI DT.
1. THE STATE OF TAMIL NADU,
2. THE ADDITIONAL CHIEF SECRETARY / COMMISSIONER
3. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, 162, POONAMALLE HIGH ROAD, KILPAUK, CHENNAI - 600 010.
4. THE SECRETARY,
5. TAMIL NADU DR.M.G.R.MEDICAL UNIVERISTY, REP. BY ITS REGISTRAR, P.B.NO.1200, NO.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 Mandamus directing the 1st respondent State Government and the 2nd respondent Commissioner herein to approve and register forthwith the six students admitted against the lapsed seats in the 1st year Bachelor of Homeopathy Medicine and Surgery Course (BHMS) in the petitioner college during the academic year 2016-2017 (name list annexed). For R1 to R4 For R5 W.P.(MD) No.18956 of 2017 THE PRINCIPAL, SREE RAMAKRISHNA MEDICAL COLLEGE OF NATUROPATHY AND YOGIC SCIENCES, PADANILAM, KULASEKHARAM, KANYAKUMARI DIST.
1. THE STATE OF TAMIL NADU,
2. THE ADDITIONAL CHIEF SECRETARY / COMMISSIONER
3. THE SECRETARY, COMMISSIONERATE OF INDIAN MEDICINE AND HOMOEOPATHY,
4. THE TAMIL NADU DR.M.G.R.MEDICAL UNIVERISTY, REP. BY ITS REGISTRAR, P.B.NO.1200, NO.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 Mandamus, directing the 1st respondent State Government and the 2nd respondent Commissioner
herein to approve and register forthwith the ten students admitted against the lapsed seats in the 1st year Bachelor of Naturopathy and Yogic Science (BNYS) in the petitioner-college during the academic year 2016-2017 (name list annexed).
For R1 to R3 For R4 ***** C O M M O N O R D E R These petitions have been filed, seeking a direction for approval and registration of students admitted against the lapsed seats.
2. When these matters are taken up for hearing, the learned counsel for the petitioner-colleges has submitted that nothing survives for further adjudication in all these petitions, as the relief sought for by the petitioner-colleges has become infructuous, pursuant to ratification of admissions of students against the lapsed seats.
3. In view of the above submission, this Court is of the view that nothing survives for further adjudication in these matters. Hence, these petitions are closed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To:
1. THE SECRETARY, STATE OF TAMIL NADU,
2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, 162, POONAMALLE HIGH ROAD, KILPAUK, CHENNAI - 600 010.
3. THE ADDITIONAL CHIEF SECRETARY / COMMISSIONER
4. THE SECRETARY, +3ccs to Mr.C.Karthik , Advocate, SR.Nos.90174, 90173 and 90172 +3ccs to M/s.Isaac Chamber, Advocate, Nos.90269, 90270, 90268 +One cc to Mr.L.Victoria Gowri, Advocate, RS.No.90787 +3ccs to The Special Government Pleader, SR.Nos.90556, 90569, 90555 ar RL/13C/5P/SKN/RSK/SAR4/26/12/2017 W.P(MD) Nos.20795, 18622 and 18956 of 2017 29.11.2017