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Madras High CourtWA(MD)/1520/2024dismissed

The Director v. Theertha Jayakrishnan

2024-08-30Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)Nos.11809 and 11810 of 2024 1.The Director, Directorate of Medical Education and Research College Road, Chennai - 600 006.

2.The Additional Director, Directorate of Medical Education and Research, College Road, Chennai - 600 006.

3.The Secretary, The Selection Committee, Directorate of Medical Education and Research, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

... Appellants/Respondents 3 to 5 -vs1.Theertha Jayakrishnan, Rep. by her father Ayyappan Nair Jayakrishnan, ... Respondent No.1/Writ Petitioner 2.The Union of India, Represented by its Secretary, Ministry of Health and Family Welfare, Government of India, New Delhi.

3.The National Medical Commission, Represented by its Secretary, Pocket - 14, Section -8, Dwarka, New Delhi - 110 077.

4.The Director, Velammal Medical College Hospital and Research Institute, Velammal Village, Madurai - Tuticorin, Airport - Mattuthavani Ring Road, Chinthamani, Madurai - 625 009.

5.The Director, Sree Mookambika Institute of Medical Sciences, Padanilam, Kulasekharam, Kanyakumari District - 629 161.

... Respondents 4 & 5/Respondents 1 & 6 PRAYER: Appeal filed under Clause 15 of Letters Patent, against the interim order passed in W.P(MD)No.20372 of 2024 dated 27.08.2024. For Appellants :

M/s.M.Sneha, learned Standing Counsel, For R-1 : Mr.Ragadeesh Kumar, for M/s.Isaac Chambers For R-2 & R-3 : Mr.K.Govindarajan, Deputy Solicitor General of India

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] The instant appeal is filed against an interim order passed by the writ Court permitting a candidate to attend the counselling. The only mistake of the candidate is that she was not able to produce one certificate regarding financial wherewithal of her father.

2. Even according to the learned Standing Counsel, all the NRI seats available under the management quota have not been filled up. There are still vacancies and an allotment has also been made in favour of the writ petitioner.

3. We find that the writ appeal is more out of ego. The learned single Judge has stated that the selection is subject to the result of the writ petition. Hence, we see no reason to interfere in the order of the learned single Judge. The writ appeal fails and it is accordingly dismissed. The interim order granted will not be a precedent to the other NRI students who have been rejected. No Costs. Consequently, connected Miscellaneous Petitions are closed.

[R.S.M., J.] [L.V.G., J.] 30.08.2024 NCC :Yes/No Index :Yes/No Internet:Yes PM

To:

1.The Director, Directorate of Medical Education and Research College Road, Chennai - 600 006.

2.The Additional Director, Directorate of Medical Education and Research, College Road, Chennai - 600 006.

3.The Secretary, The Selection Committee, Directorate of Medical Education and Research, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm 30.08.2024